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

the legislation OF the free States altered Tor the worse
within the of the last twenty or thirty years =
Why, sir most Of those States until within period OF
the last twenty or thirty years, had laws for the benefit
Of soouruers they called, passing through or
abiding for the moment in the free States with their
wants Sir recolec that occurred during the
war My FRIEND Mr.. Cheeves, of South Carolina, in
stead Of going home in the vacation, went to Phadel-
pha taking his family servants with him. Some OF the
aboonsts OF that city took out habeas corpus, selzed
the slaves and the question brought before the Su
preme Court OF the State of Pennsylvania, where it was
argued for days 1t necessary during the progress
OF the arguments to refer to great variety OF statutes
passed from time to time by the Legislature OF Pennsy-
vana on behalf OF the solourner guarantyng and Sc
curing 10 HIM the possession OF his property during his
temporary passage abode within the limits OF that
commonwealth Finally the court gave their opinion
serati-each Judge his separate opinion until it came
to Judge Breckenridge to deliver his who was the
youngest Judge, think on the bench During the pro-
gress of the delivery OF their opinions they had frequent
occasion TO refer to the acts passed for the benefit OF
soiourners and each OF the Judges who preceded Mr.
Breckenridge always pronounced the word "sudgeners.
When to Judge Breckenridge to deliver his opn
on he said 81 agree in all that my learned brethren
nunciaton Of the word solourner.' They pronounced
it 'sudgener but call it 'sojourner." Laughter J.
Well now sir, all these laws in behalf Of these sojourners
in the State OF Rhode Island
Mr.. DAYTON. Aud New Jersey
Mr.. CLAY. Aye, and in New Jersey l am happy
to hear it; but in most ofthe large States, in most not
all OF the New England States, these laws have been
abolished, showing the progressive tendency OF bad
neighbOrhOou and unknd acton the part OF the Tree
States towards the slaveholdng States.
Mr. President, do not mean to contest the ground
am not going to argue the question: whether, it man
carries his slave UNFAIRLY into the free States, and he
is fugitive, whether that slave, by the voluntary
action OF the master, does does not become instantly
entitled to his treedoml am not going to argue that
question. know what the decision has been at the
North but mean to say is unkind it is unneghbory
not the spirit OF traternal connexion which exits be-
tween the members of this Contederacy to execute
strict legal principle in the way suggested even sup
IL ba ruhf do Q,,t &c
purpose OF permanent abode, intention OF settling
finally and concusvey, and planting his slaves within
the commonwealth, it is but right, and proof of good
neghborhood and kind and friendly feeling allow the
OF the slave opass with his property unmoested
| through your State.
Allow to say upon this subject, though it is per-
haps going further in detail than necessary that of all
the exercise oil power OF those who attempt to seduce
| from their their slaves there is instance in
which it exercised nurousy to the objects of their
charity and beneyolence as in the OF the seduction
OF family slaves from the! service OF their owner The
slaves in family treated with all the kindness that
the children OF the family receive. Every thing which
they want tor their comfort is given them with the
liberal Indulgence; and. sir, | have known in
stances than where by the practice of the seduction
OF family servants from their owners they have been
rendered wreched and unhappy in the free States and
in my own family, slave who had been seduced away
addressed her mistress, and begged and mpored of her
the Of getting back from the state Of freedom to
which she had been seduced to the of slavery in
which she much more happy and in the case to
which have referred, the afforded her. and
l
Then, MIR. President, thuk that the existing laws
upon the subject Tor the recovery OF fugitive slaves and
the restoration and delivering othem up their owners
being found inadequate and ineffective it is incumbent
on Congress-and hope hereafter in better state of
feeling, when more harmony and good will prevails
among Remembers OF this confederacy, it will be re-
garded by the free States themselves part of their
duty also to assist in alayng this irritating and disturb
ing subject to the peace OF our Union but all events
whether they do it or not, it is our duty to do it. 1t is
our duty to make the law more effective and shall 90
wi FART II,
making penal laws and imposing the heaviest sane
tons Tor the recovery OF fugitive slaves and the resor
alton OF them to their
Mr. President upon this part OF the subject however
allow me to make an obsery alton two. | do not
think the States States ought TO be responsible for
all the misconduct particular individuals within those
States think that the States only to be held res
ponsble when they act in their sovereign capacity If
there are few persons-indiscreet; mad if you choose
fanatics, II you choose so to call them-who are for dis
solving tn Union, know there are some at the
North and for dissolvng in consequence of the con-
nexon which exists between the free and sayhs,l iI
States, do not think that any State IN which snc6
madmen as they are to be FOUL ought to be- held res
Ponslble tor the doctrines they propagate unless the
State itself adofpas those doctrines.
pr iere has been, perhaps, mutual Of
y PANT and know, at least have heard that Massa-
clusetts for OF her unrendy laws the subject
OF the recovery OF fugitive slaves, urges as the motive
for the passage OF those laws, the treatment which
tain minister OF hers experienced in Charleston some
years ago. Mr.. Hoar think is the OF the ind-
vidua who South Caroa to take care of the
free negroes Of Massachusetts, that might pass to
Charleston in the vessels of Massachusetts think it
mission that it was hardly worthy of Massachu-
have created think she might have omitted to
send Mr. Hoar upon any such missions but she thought
right to send him, and he went there for the purpose
OF asserting as he said the rights of those free people OF
color before the courts OF justice and of testing the
dity OF certain laws in South Carolina with regard to
the prohibition OF free negroes from coming into her
ports. believe that was the object, that the pur-
pose of his mission. He there to create no dis
turbance, | understand except SO far as asserting
M IN in IUb
chusetts held them, might create disturbance. He was
virtually driven out OF Charleston as, believe, he or
some other emissary OF the kind driven out
OF New Orleans. do otmean to say whether it was
right wrong to expel him. What mean to say is
that Massachusetts OF her citizens has said that
after finding this treatment towards those whom she
chooses consider citizens the part of South Caro-
lima, she determined that of legislation by
which she has Withdrawn all aid and assistance for the
, she pleads the treatment OF Mr. Hoar apology I
think that furnished her with no sufficient apology If
South Carolina treated her i'll is reason why she
should threat Kentucky and Virginia. and other slave
holding States that had done her no wrong. Bur she
thought So
| mention both cases-the case OF the expulsion Of
Mr.. Hoar from Charleston, and the passage of the
laws Of Observation-Disclosures by way otapprobation of
either, but to show that there have BEEN unhapply
mutual causes of agitation, furnished by class Of
States well as by the Others though, admit, not in
the degree by The slave States by the free States
And admit, also, that the free States have much less
for anxiety and socude this subject ofslavery
than the slave States and that far extensive
ses, if not justification, ought to be extended to the
slave than the free States OF the difference of
! the condition OF the respective parties.
Mr. President passing from that resolution | will
add only single observation, that when the bill comes
up to be finally acted on will cordially and hear
uy for it,
| Mr.. DAVIS, of Massachusetts,. Will the honorable
Senator permit me to interrupt him for moment? |
want to say word in behalf of the State OF Massa-
| chuses, with his permission.
| Mr. CLAY. Certainly, certainly
Mr.. DAVIS. | have never, although most likely he |
may have heard the apology stated by the honorable
Senator tor passing the law which he has reterred
but the contrary have always understood that the
law which had for restoring fugitive slaves
was repealed because the below as they under
stood il, had pronounced their law unconstitutional
That is the ground which they Took whether they were
wise in the legislaton they adonted shall hinder