Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-02-13

foreign markets, is lessened with the dninuton Of The
District; by the retrocesson that portion OF Virginia
Why should slave traders, who BUY their slaves 10
MARYLAND or Virginia come here with their slaves in
order to transport them New Orleans or other South
ern marketsl Why not transport them from the States
in which they are purchased? Why are the feelings
of citizens here outraged by the senes exhibited, and
the cottages which pass along avenues OF manacled
human beings, not collected in our District, not
collected at all in our own neighborhood but brought
from distant parts Of neighborng States Why should
they be outraged; And who is there, that has
heart That does not contemplate spectacle of that
kind with horror and Indignation Why should they
be outraged by scene so nexcusabe and detesabe as
this
Sir, it ia no concession repeat, from one class Of
States nor from the other. 1t obecin which both
OF them it me, should heartily unite, and IN
which the side much the other should rejoice III
adopting, inasmuch it lessons OF the causes OF
iuquetude and dissatisfaction which is connected with
this District Abolish the slave trade in this District
re- assert the doctrine OF the resolution OF 1888 that by
implied assent the part OF Congress slavery ought
not TO be abolished IN me e. District OF Columbia whilst 1t
pie of that resolution and adopt the other healing mea
sures, or similar healing measures-ior | am not at
tached TO any thing that is the production of my own
hand if any thing better should be offered by any body
ese--adopt the other healing measures which pro-
posed and which are required by the distracted cond
lion OF the country, and venture say that,
have had and quiet Tor the last thirty years. since
The termination OF the Missouri controversy, shall
have in all human probability peace for longer period
TO come upon this unhappy subject OF slavery.
The next resolution is
That etfectual provision ought to be made by
law, according 10 the requirement OF the constitution
Tor the restitution and delivery OF persons bound to
vice or labor i'll any State who may escape into any other
State or Territory in the Union"
Now, Mr. President, upon that subject go with him
who goes arhest in the interpretation of that clause
the constitution. In my humble opinion sir it re-
qulrement by the Constitution oil the United States
which not limited in its operation the Congress Of
the United States, but extends to every State in the
Union and to the officers of every State in the Union
Or aYfan dc tc avar int,
Union, and devoves upon them all obligation to
ss in the recovery OF fugitive from labor who takes
refuge in or escapes into one OF the free States And
sir, think can maintain all this by fair inlerpreta-
ton OF the constitution. 1t provides
That no person held to service or labor in one State
under the laws thereof escaping into another shall in
consequence OF any law regulation therein be dis
charged from such service labor but shall be delivered
up on clam OF the party to whom such service or labor
may be due"
1t will be observed Mr. President that the clause in
the constitution not amongst the enumerated powers
granted to Congress- for, if thai had been the case it
might have been urged that Congress alone could egis
late to caryl INTO effect but it is one of the general
powers, or one OF the general rights secured by this
constitutional instrument, and it addresses itself to
all who are bound by the constitution of the United
States. Now, sir the officers of the General Co
vernment are bound to take an oath TO support the
constitution OF the United States. All State officers
required by the constitution to take an oath to
support the constitution OF the United States; and all
who love their country and are obedient to its
laws, are bound TO asssm the execution of those laws
whether they are fund amental or derivative do not
say that private individual is bound to make the tour
this State in order to assist of slave 10 re-
cover his property, but do say if he is present when
the OF slave is about assert his rights and
endeavor to obtain possession of his property every
present, whether he be an officer of the Genera
Government or the State Government or private
individual, is bound to assist if men are bound at al
assist in the execution of the laws OF their country
Now what is this provision 1t is that such fugitye
shall be delivered up on claim OF the party to whom
such service or labor may be due AS has been already
remarked in the course ofthe debate upon the bill upon
this subject which is pending the language used in
regard to ugltves from criminal offences and fgtiyes
from labor, is precisely the same. The fugitive from
justice is to be delivered up, and 10 be removed to the
State having jurisdiction the fugitive from labor is to
be deGveredup on claim OF the party to whom such
service is due Well, has ever been commended on the
part of any State that she is bound surrender
fugitive from Justice upon demand OF the State from
which he fled lbeeve not There have been some ex.
eepons to the performance Of this duty, but they have
not denied the general right and they have refused
in any instance to give up the person demanded it has
been upon some technical or legal ground all ques
toning the genera right have the fugitive surrender
ed or the obligation to deliver him up intended by the
constitution.
think, then, Mr.. President that with regard TO tn,
Interpretation OF this provision of the constitution
there can be no doubt 1t imposes obligation upor
CATION upon all officers ofGoyernment State or Fedl
and, will add, upon all the people of the Uned stess
underparticular circumstances to assist the snrenJ
and recovery OF fugitive slave from bs noastar
There has been some confu,son md th;n, so,,,.
nsconeepton on this srDlect in consequence Of recan
ueciSloh o. le ,.eme Court of the United States
n inh la' has been entirely msapprehended-
mere IS :, vast difference between imposing mpedi
mems and affording facilities for the recovery Of fugiv
50 slaves. The Supreme Court OF the United States ha
only decided that all laws OF impeachment are unconsti
utionai know there are some general expressions il
the opinion to which have retenedthe case of Mary
land against Pennsyvania-that to import other
wise; but think when you attenvely to read the
whole opinion, and the opinion pronounced by all the
JudU of ox,haf
nave done, to converse with them TO what their real
meaning was you will find that the whole extent of the
authority which they intended to establish was, that any
laws Of impeachment enacted by the States were laws
that were forbidden by the provision OF the const-
tuition to which | refer that the General Gov
eminent had o no right BY an act Of the Congress
officers not imposed by the authority OF their
sitution and laws It's impossible the decision coult
have been otherwise. 1t would have been perfectly ex
traiudical The had right decide the ques
lion whether the laws OF facility were moi un
constitutional The only question before the court wa
the law OF impeachment passed by the Legislature o
Pennsylvania and if they had gone beyond the case be
fore them, and undertaken TO decide upon no
before Them principle which not fairly compre
hended within the case before them, it would be wha
the lawyers term obter dictum, and is not binding
either that court itself or any other tribunal. say
not possible that, with the before the court
OF law for giving facility to the holder OF the slave to
his property again, it was utterly impossible that
any tribunal should pronounce a decision that such
aid and assistance rendered by the authority of the
States, unconstitutional and void The court has moi
said or they have said So they have transcribed
their authority and gone beyond the which was
before them. Laws passed by States in order to assist
the General Government, so far from being laws repug-
to the constitution, would every where be regarded
laws carrying out enforcing and fulfilling the consti-
tutional duties which created by that Instrument.
Why sir as well might it be contended that if Con-
gress were to declare war-and one will doubt that
The power declare vested exclusively in Con-
gress State has the right do t-no one will con-
tend seriously apprehend, that after the declaration of
war ii would be unconstitutional on the part Of any OF
the States to assist in the vigorous and effective prosecu
ton of that war; and yeit would be just as uneons-
tuonal to lend their aid to the successful and glorious
termination OF the war in which might be embarked
as it would be to assist in heperfomance of high duty
which addresses itself to all the States and all the peo-
pie of the States
Mr.. President, do think that that whole class of
legislation beginning in the Northern States and ex-
tandiacr n OF The Western States hu which