The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-11-03


York-as ready Joseph Warren and William Prescott,
Of Banker Hill. or Nathaniel Greene, OF Euawl
Imay be allowed 10 say that. have acted on this pr,n
ciple In the last session OF Congress The struggle Tor
the constitution renewed and II has been settled. so
far as Congress Is concerned, precisely the same
principles as those on which was hIst enacted con-
sdcf the adjustment which has taken place as re-enae
ment OF the constitution and may u remain hereafter
unassaied!
duce the government Of the United States 10 take an
part the subject OF slavery This has been
sisted and justly resisted The government OF the Uni
led States bound not do any such thing Action on
that subject is forbidden 10 it II is left exclusively to
the people OF the several States and there ID precisely
where i left ~ the recent Compromise. We still say
TO the South as the constitution says, will not tempt
your slaves away from you by guaranying free.
dom 10 every OF them who crosses Mason & Dix.
on's line or the Ohio river You may take them back
again by the agency of United States officers, since
some OF the States have prohibited their officers from
acting in such We disapprove of the institution
indeed think il wrong well unwse but if yea
think differently, will not disturb you your possess
sion OF slaves; we have no right TO control your con-
sciences by our own.
This is part of the meaning Of the entire series Of
which constituted the concilaoy policy OF the
two branches OF the national legislature during the last
sesson-a policy adopted under the guidance OF promi-
nent men OF both the principal parties. and sanctioned by
one whose national views, intellectual power, and al
achmen TO the constitution have placed his fame the
same level with that OF the OF the heroic age Of
country as worthy to rank with the most patriotic OF
revolutionary times 1t is the only policy ON this
subject upon which can act, 10 which can
give my support, directly or indirectly. believe
Ito be best for the captive, as well as for the free
man, that the constitution o the United States should
be maintained Whatever may be my sympathy with
the s)ave--and il certainly is not SMALL have
right 70 set him iree am not responsible in the matter
IS another who does this and while differ from that
other in opinion to the justice and expediency of the
institution, have right 10 say that he shall not hold
slave, il it COMFORTS with his judgment OF the right and
expedency TO do So may say 10 him. TO be sure, that
will not associate with him for any purpose 50 long as he
holds slave but have yet to learn the wisdom or the
peculiar merit of such course.
Having thus advered to the general policy upon which
the fugitive slave bill rests. will state in few words
my view OF the character of the BILL and its probable e
feet the condition OF the fugitive. il may strange
to those who have heard nothing but bitter denuncatos
Of the act to hear said that is practically more favor
able to the fugitive than the law OF 1893 The evidence
OF such assertion may be found in the fact that by the
old law every magistrate in Massachusetts amounting
together TO several hundred and the other States,
authorized and required to cause the arrest of any
fugitive, examine into his case and deliver him to the
claimant, ne was proved 10 be slave while under
the law that power is limited 10 the justices OF the
United States COURTS and to the commissioners appointed
by them, not exceeding perhaps, on an average, six
or eight persons in each State. There was no more
trial by jury provided for under the old than under
the new law. The claim OF jury trial is entirely
newnever thought of till modern discussions OF the sub
ect began For fifty years our fathers and we have
been living under laws which provided for no such
thing; and which makes such provision isde.
nounced in unmeasured terms as cruel and inhuman.
Where have all been for half century Do not the de-
perceive that they denouncng their fathers
and hemsevess The entire population OF the North has
scquiesced in the provisions of the law of 1885, without
have only to say that do not think the charge any more
just now Desirable as il may be that trial by jury
should be required in the State where the arrest made,
the absence oil this provision be termed barbarous
or nhuman Nor shond ii be overlooked that our soath
ern brethren have sympathes with the colored man.
have heard it stated to have been said by Mr. Clay, in
public manner-and believe something OF the sort
Cured in of his speeches in the Senate last SPRING
that he had almost always succeeded when be had acted
As counsel for the capve but never when he had been
engaged by the master, and that there general lean
ing in favor OF the claim OF freedom And why should
we doubt il Do imagine the entire South TO be in
habed by 6ends' Have we forgotten that the white
oil the South Is oil common origin with and has proba
bly, some OF the same feelings oil humanity with
selves Let not dream that all virtue and all wisdom
will die with
Ii is said the new law suspends the operation OF the
writ of habeas corpus Legal authority of the highest
kind declares this TO be untrue and all know, with
out being ursts that no law can supersede the const
tuition
II is said, too, that the law is unreasonable, be-
cause throws the responsibility OF sale custody upon
the marshal at all events This may be hardship upon
the marshal but does not affect the position Of The ugi.
tive partculary and II resembles 80 nearly the liability
OF every sheriff for the custody OF every prisoner that
no such broad distinction exists is sometimes asserted
Again. the law makes il penal TO assist in the rescue
OF the slave. after he has been proved TO be SUCH OF
course must and the penalty must be effective, there
be violated with mpunity The penalty should certainly
be graduated by the nature oil the offence and am dis
posed 10 believe that IN this particular the law needs
amendment But il is manifest that the violent charges
brought against the law are, in reality brought against
the principle OF the provision Of the constitution requiring
the delivery OF the fugitive from labor The reasons for
originally making that provision have been already
stated and appears TO me that they as strong for
continuing II n force as they were for making il at first
The Union cannot be preserved without H. any than
u could have been formed without IT, The abolition OF
slavery 10 not retarded BY it, Ii the discussion OF the
subject in the non savehoding States which delays
emancipation This is which alarms the STAKEHOLDER,
as well II may. This IL is which leads him 10 rivet the
chain more firmly, and look 10 the links carefully;
Gus language he may then, but certainly not till then,
begin TO calculate cooy the advantages and dsadvan-
ages OF the institution, and 10 perceive, without prejudice,
the right and the wong OF the practice Denuncaiion
and violence not likely 10 remedy any oil the wrongs
for which complain oil the South and Il is especially
TO be deprecated BY those who have interest in the
welfare OF the coored man-an interest which feel
deeply any OF my friends and constituents. II must be
recollecied that emancipation, If 1t is TO al ALL must
originate with those masters who so often assailed
with opprobrious language and that the best influence
the Moth can exert on the subject, in behalf OF the slave,
il moral influence.
The sentiments and wishes OF Massachusetts,, as ex-
pressed BY her legislature and felt by her people, in
the highest degree honorable TO her philanthropy, and,
with lew EXCEPTIONS are consistent with the obligations
she 10 under 10 the Union But they can impose no duty
which absolve her citizens from the observance OF
the higher law" oil the constitution and unless she
to adopt and practise the principles OF nulfca-
uon she must consent 10 the delivery obe fugitive from
labor. In short the whole matter resolves itself into the
plain question. Shall the promises OF the constitution be
observed shall they be violated and, with the viola
ton, shall the bond OF union be brokenl To me the
In 10 tim nil