Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-28
SPEECH OF MIR. CLAY,
On The Pending Measures Of CompromlS'
In SENATE, MAY 81, 1850.


The Senate having under consideration the special
order beng the bill TO admit California State into
the Union TO establish Territorial Governments for
Utah and New Mexico, and making proposals to Texas
for the establishment of her western and northern boun
daries-aud Mr.. SoULE having addressed the Senate
Mr.. CLAY Mr.. President, the debate has been
Quoted in this with great deal OF rregulary. A
single proposition was before the Senate and that of an
amendme to particular section in relation to the
prohibition to legislation by the Territorial Govern
ments on the subject of African slavery And although
this the sole question pending before the Senate Sc
majors have launched out upon the broad ocean, and
embrace the OF their arguments, the entire
subject Sir feel constrained, in vndication OF the
acts of the committee of which was humble mem
Der, TO meet some OF the arguments OF the honorable
Senators and will begin with the last, who has Just
down. The Senator from Louisiana i1nds himself
uuable to concur in the scheme OF compromise which
has been proposed. Will that Senator condescend to
present conre projet of his own Tor the satisfaction
and reconciliation of the people OF this country! VIII
he tell US what he wants! Sir, this hndng OF fault,
and with the aid of magnifyng glass, discovering de-
fects deserving The little annalcul9 winch move upon
the surface of matter, and which are lndlscernlbe to
the naked natural eye is easy task and may be prac
tised without any practical benefit or profitable result
Ii is the duty of the Senator who has Just addressed us
is the duty of all who aSsail this compromise, 10 give
MS their own and better proet; TO tell us how they
would reconcile the interests OF this country and har
monte its distracted parts And l venture to say that,
upon every subject OF which the learned senator has
treated he has done great injustice to the acts OF this
committee do not mean to follow him throughout
the whole OF his remarks, but Will take rapid
report
relates to the recovery aud restitution OF fugitive slaves
and he said with air OF great dissatisfaction it not
of derision that the committee had brought back that
bill with certain embarrassment instead OF improve
ments. Sir beg you to recollect that the greatest
objections made the amendment relating to fugitive
slaves from States which are not suffering under
the evil ofhaving to recover fugitive slaves. | stated
here the other day. what | repeat again now, that my
owJ State is perhaps the State suffering most from
this yh q IS
States which suffer from it the least And yet the hon
orabIe Senator from Louisiana when we are satisfied
with these provisions sees in them objections which
are nsurmonntable And what are the embarrassments
of which be complains Why, sir, that the slave
owner in the pursuit of his fugitive property has
nv with him record That instead OF carrying with
him. in pursuit Of his slave at great trouble and ex
pense witnesses and loose afidavlts, he is fortified by
an authentic record That, say, is advantage
and protection to the saveholder-a great advan-
tage for that record will command respect in the free
States and will give him advantage which oral tes
mony or loose afdavs taken before justice Of the
peace could never confer. Tie record moreover, is
cumulative not exclusive remedy, leaving him free
to employ the provisions Of the act of 1898.
With respect to the other portion ofthe report which
relates this subecttha OF trial by Jury--where is the
Inconvenience of such trial taking place in the State
from which the fugitive has fled In point of factit
will be no disadvantage, for there will not be
stance in t ousand where the bond to allow trial by
Jury at home will incommode the slave owner, since
the fugitive will be found to have asked for
mere preext; and when he gets back to his State
DeVOnd
Sir put the honorable Senator whether he does
not believe that this will be the case; and this you will
recolect is proposed substitute and satisfaction
to the North OF that trial by jury which they contend
for at distance from home and which have already
insisted would amount to virtual surrender OF the
stitutona provision, Moreover, it is granting to the
slave only the right which he ndisputaby possess
ses in all the saveholding States ofresorting to their
tribunals justice to establish his claim to his freedom
ifhe has one.
Mr. President I find myself in peculiar and pain
{,l in 10 he of I
find my elf assaed by extremists every Where; by under
currents; by those in high well as those in low
thory; but, believing, as do that this measure, and
this measure only will pass any doespass during the
present session of Congress, shall stand up it, and
TO this report against all objections sprnging from
whatever quarter they may.
Sir, it but the other day that found myself re-
preached at the North tor conveying alleged ealum
ny of therinstituons by saying that the trial by jury in
this particular description of case, could not be relied
upon as remedy 10 the master who had lost his save
if had made any such charge on Northern Judges
and juries in ordinary cases, in the way ofreproach
had appauded the administration of justice both
10 our State and our Federal courts generally But
urged that, il, in Massachusetts, you require Ken
tuckian, going in pursuit OF his slave there to resor
to atrial by jury on the gu 'ston OF freedom or slave
ny OF fugitive, would be requisite consequence
such assertion OF privilege on the part OF the fugl
tive that the parties should produce testimony from
the State ofkentucky that you will have to delay the
trial from time TO time; that there must be pow
to grant new trial, and that supervisory power
would be necessary when yon come to. a final trial;
administer the unknown laws of remote common
wealth; and that when you sum up the expense and
charges the end OF the case, although the may
eventually recover his property the regain
would have cost hrp more than it is WORTH that, in
short he might be largely out OF pocket, and that he
would fad he had better never have moved at all in
she matter. That was the argument which I used and
yet at the North, accused of casting unmerited
oppobrium upon the right OF trial by jury and the ad-
minstraton OF justice; while at the South, in anoh-
er and the last extreme from which should have
nn of tha ind 1ndt thar and
ment is objected to as creating embarassmens to the
owners OF fugitive slaves Sir, this is something like
the old song
81 do not like thee, Doctor Fell
The reason why cannot tell;
But this know and know full well,
do not ike thee, Doctor Fell"
Such, Mr. President, are their objections to this mea
sure.
siana little further. One OF his great objections wa
to the clause which prohibits the Territorial Legisla
from passing any law in respect to African slavery
within the Territories Did the honorable Senate
know the history OF that clause! Did he know tina
that clause moved in the committee OF thirteen by
his colleague? Did he know that that clause wa.
voted for by every Southern member on that committee
except myself, il am TO be denominaed, contrary
to what my usual habit of discriminating myseIf?-
Every Southern man on that committee voted for the
clause which is the theme OF the Senator'S criticism to
day against my opinion, and that of all the Northern
members OF til committee, with believe solitary
exception! Aud yet the moment it presents itse al
though tcomes under Southern auspices, objected
to-
Again. ask the honorable Senator from Louisiana,
il tins Is to be rejected tell us what you want put it
down in black and white; put down your project
compare with that of the committee, and let know
the full extent OF your demands, and then shall be
able TO pass Judgment upon them, approving them il
CAM and do not restrict yourselves, this
iik manner to the finding Of fault with what is
already proposed, without offering solitary substitute
Tor the measure you oppose.
Now sir, the honorable Senator raises great objec-
ton 10 this clause OF prohibition He tells us that no
police regulations be made Either there is slave
~ there or there is Ii there is no slavery there
then there is need OF any police regulations Ii there
be slavery there, then the necessary police regulations
exist already. And imagine that they will be found
sufficient they have already been found in time past;
at all from the present time until the time when
States shall be formed out OF these Territories Now