The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-22
THE UNION.


mol be executed, without tra by jury that Jury VIII pe
influenced BY the popular feeling and decide against The
night
Mr.. WINTHROP (interposing.) Will the honora
BILE senator allow 10 explain think he conounds
two very distinct ideas-the that OF conforming
the law 10 what may be the sentiment of the community
with regard 10 slavery and the other that OF conforming
the law 10 the sentiment OF the community TO the pro-
prety and justice OF the law itself What said this
that all laws depend more less Tor their efficiency
upon the idea Of the community that they just laws
that they reasonable and proper laws II these laws
shall 90 forth to the people in the free States, with the
idea upon their part that they arbitrary oppressive
and unjust in their provisions sney will be much less
likely 10 be faithfully executed than il they were made TO
conform TO the public sentiment OF those Statesmen TO
the public sentiment with regard to slavery. but with
gard to the justice and safety OF those provisions BY
which questions OF slavery and freedom are 10 be de-
cided.
of which we have heard from the senator from New
York.
Mr. WINTHROP, lin his seat) No, sir.
Mr. DAVIS, (conlinuing) That provision rises above
Mr. WINTHROP. lin his seat) No. sir.
Mr.. DAVIS. (contnuing) The provision OF the con-
stution is clear and should require no action of Con
gess to carry out Ii provides for the return OF ug
lives from Justice and ugilives from labor wish that
provision Of the constitution had stood unalded by con-
gresslona legislation 10 the present day Then the moral
sense Of the community, which failed TO carry out,
would be sternly rebuked instead OF laying the blame
upon acts OF Congress What is this Of justice
lis it for jury trial to be held in the State where the u
glve is ed and if So why does it not apply to all other
offences Is to escape from the obligation to labor to be
offence In that view alone has the case ever been
presented the violation OF contract and escape by
flight into another State Why, them should you not
have Jury trial before you arrest murderer IN another
State, and Try him where the facts cannot be shown,
where even his identity cannot be proved and Try him
under circumstances where the popular feeling is against
the right This is the fruit OF that ling II is not for
the bare trial by jury for applies only to the particular
case, but is feeling against the right to hold slave
property is that which has made to extent the
northern States the refuge OF fugitive slaves because
they shielded there. Recently, sir have seen that
feeling in full manifestation in those States have seen
published in northern paper notice to all good citi-
10 be on their guard against evil woman, wander
ing through the country being ree and yet passing her
cation that, fugitive slave, she should find home and
succor, but being free, she was not entitled TO 1t.
Who, Mr. President is best qualh to judge whether
the person arrested fugitive from service free
man kidnapped wanderer is found in village or
city, and caim is made that he is slave The inhabit-
ants OF that village or city, from which he is claimed 10
have fled, best Judge whether he slave or not.
Let him who claims him take him to the neghborhood
from which he comes; and who there does not know
whether that slave not hold that 1t is but justice
to the people OF the South 10 say that IN no community
could such trial be made with stronger feelings against
him who had kidnapped an African and made him a
slave
interest in this BILL because have hope that it will be
any extent executed But If the border States,
those most interested in the question, hope anything from
1t, am willing, within the limits OF my opinions as 10
what conscience and the constitution require TO leave
them to frame the law, and let be tested by time do
not believe they will recover fugitive slaves BY an act
of Congress provide for their arrest and delivery and
consequently do not believe they will recover fugitive
slaves by giving trial by jury. should be opposed to
any snch provision because hold II 10 be violation OF
our right under the constitution though they might have
jury trial in the State from which the fugitive escapes
Bat that would be, If act of Congress, direction to
the States which Congress has right 10 impose The
night OF jury trial. there any question as 10 the Tree
dom OF the party, exists IN every sayehoding Stale
They can appeal TO under the laws OF the State But
Tor would not consent that Congress should dictate
10 any State what itslaws shall be.
Mr. BUTLER The senator from Ohio and my friend
from Mississippi have made some remarks which, in
justice to myself must notice, by way OF putting my
opinions before the public correctly and they may Tor
what they are worth. | agree with the senator from
OHIO in this that the decision OF the OF the
Commonwealth OF Pennsylvania Prgg there has been
less security Tor slave property escaping INTO The Tree
States than before but not upon the ground that he has
stated. that the loses his right by the slave going
over from Maryland into Pennsylvania or that his right
Is at all impaired under the constitution. His right
perfect in place another to his own property IL
slave escapes from South Carolina, the right is not i'm
paired, because is in measure removed by the
FAULT AZ others, and perhaps by the fault oil the slave
himself. l cannot sgtee 10 that.
have had great difficulty in voting upon bill OF this
kind al all and this very difficulty has been which
in induced 10 make the remark aurbu-
led to me by the senator from Mississippi that was some
what indifferent upon this bill IL upon thus ground II
originally the understanding OF those who framed
the constitution that II the duty OF the separate States
themselves either acting under the constitution, with
out a general law or under such laws Is the fede.
raj government might frame, TO make laws TO enable the
master TO recover his property but that such laws were
unconstitutional interfere TO obsuct his night to OBJ
lain his property The federal court, in their anxiety il
seems to zoe, TO show that the laws OF the States
constitutional, lnasmuch they obstruced the owner,
have 10 that is exclusively the province OF
Cong TO devise system ot laws upon this subject to
enforce the provision OF the constitution In that agree
with Chief Justice fancy, and Daniel, and Baldwin. who
say that when the States prohibited from passing such
laws as restrict and obs,ruct the right OF the master u rs
aid HIM awaiting himself OF his rights under the
stution To that extent, therefore, am inclined to
agree with the senator from Ohio, that while Congress
may laws TO some extent requiring State ohcers and
their officers to assist II does not absoye the State
at all from carrying out similar provisions have put
myself right upon that, and II rs all | wish.
One word further, The senator says that the laws oil
Ohio hold their egls perfectly every that
goes there, that he can claim jury trial whether he
be slave free and that such ~ the spirit OF
their laws, that any captured being property IN
all would invoke the kind Intervention OF jury
and due process of law. Now, will venture predic-
ton. Not many years will elapsc before the black peo.
pie OF Ohio will be driven from its borers At this very
Tune there evidence that they becoming odous, and
will be expelled. Have not seen a petition from
Hamilton county in that Stale. 10 the legislature, based
upon the very strongest grounds, upon them
their duty to make provision to prevent persons OF
color from entering the State thereafter, and 10 pass such
laws as will ultimately remove them-for will not use
the word expel-frop the State dare say that, after
contest for land the poor people will perish die of by slow
degrees or be expelled BY force That rs the State whose
legislature ~ sensitive TO human rights So far II
affects master seeking his property, and long as
he is pursuit of The slave, will protect that slave
But when the pursuit over i will leave him to perish