The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-07
CONGRESSIONAL.
spEEoH OF ma. BALDWIN,

sPIsECH OF MIR. BALDWIN,
OF ooSsEcrIcuT.
On the Territorial Question delivered in the Senate,
Aprl 8, 1880.
GcoNcLUDEDl
The Senate proceeded to the consideration OF the
lutons OF Mr. BELL of Tennessee, and the motion OF
Mr. FoorE refer them 10 select committee OF thir
ieen
Mr. BALDWIN resumed and concluded the speech
which he commenced last week, as follows;
Mr.. President: When last addressed the Senate on
the topics involved in this debate which has since been
painfully interrupted, | was commenting on the
imputed aggressons OF the non. savehoding States and
among Others on the charge implied by the report OF the
Committee on the Judiciary, that they had wrongiully
refused to aid, by egisation in the reception OF fugitive
slaves Having repelled successfully, as believe, the
mpuation that my State had been uniahful to any
obligation imposed by the constitution, and shown that
by the decision Of the highest Judicial tribunal IN the
land. no duty whatever IN relation 70 such uglliyes
rested on the States considering the question: by
whom and in what manner the duty imposed by the
constitution ought 10 be performed had stated, but
without discussing the proposition, that u pertaned ex
cusvey 10 the courts Judges OF the United States,
holding their offices by the independent tenure prescribed
by the constitution This will appear, think, very
clearly by comparison OF the two clauses N me cons
tuon that have been referred TO in the debate relative 10
fugives from justice and fugtves from service. The
first is in these WORDS
"a person charged in any State with treason, felony, or
another Saie shall demand OF the executive authority
of the State from which he He'd be delivered up TO be re-
moved to the State having Jurisdiction OF the crime
The object Of the demand by the Executive of State,
under this clause OF the constitution is TO obtain the sur
render OF person charged with crime who has fled from
order that = he se neh a e s
jurisdiction OF his offence. II coniempates no trial, OF
course in the State where the fugitive arrested moth
preminary to his surrender. that he Is In truth fug
tive from Justice, duly charged with crime in the Stale
from which be fled On the ascetainment Of these facts
he is surrendered by the Executive, and not by the u
dicial tribunals of the State.
The clause relative to fugtives from service on the
contrary, has totally different purpose Its language is
this:
.No person held to service or labor in one State un
der the thereof escaping into anoher SHALL in
sequence Of any law regulation herein be discharged
from such labor, but shall be delivered up on
claim OF the party whom such service or labor may be
due"
The fugitive from labor is not pursued claimed for
the purpose OF remandng him for trial in any other State
He is not required as an offender who has fled from JUS
ce to be tried in the Jurisdiction from which he has
capped He pursued claim that he is the property
of the claimants chattel whose delivery 10 his abso
lutte control he has right TO demand at the place where
the fugitive is found The proceeding therefore, what
ever may be, in that jursdcton having Tor its object
the absolute surrender OF the person OF the alleged tug
The moment the surrender is made, the control oil the
claimant the person of the fugitive complete and abb
soue This clause in the constitution has reference only
to those classes of servants who, by the laws OF any
State service which they compellable by per
sonal restraint TO render to him TO whom i is due. 1t
includes not merely slaves but apprentices Also VINO are
period of their apprenticeship II relates only to persons
who escape from the State under whose laws they are
held in Involuntary sefviude into another State II pro-
vdes thai fugitive shall not be discharged from such
service by reason OF any law regulation in the State
to which he may fee; in other words that he shall be
held to service under the laws oi the sale from wnicn
The effect of the clause is therefore, TO give extra ter
ritora force the laws Of that State over the fugitive
and to deprive him Of the benefit OF the law OF ioe Sae M
law Of nature which would otherwise govern, prohib-
ing slavery. His escape from his former domcil is re-
garded as 1rong. from which he is precluded as
wrong -doer from taking benefit.
The party to whom his services are due may, according
to the decision OF the Supreme Court under this clause
OF the constitutions pursue and reclaim him hst by slm
pie reception without warrant; second by judicial
claim preferred the competent authority for the deliv.
cry OF the fugitive. "a claim" said Judge Story. in
giving the opinion Of the court in the case OF Prigg rs
Pennsy lvania in just judicial sense, Is demand OF
some matter OF right made BY person upon another to
do to orbear 10 do some act or thing as matter Of
duty" II, arrest being made IN pursuance OF such
claim the person seized fugitive alleges that he Is
free his allegation s in accordance with the presumption
of laws for the law in every free State, where slavery
does not exist, presumes that every man within the
limits OF its jurisdiction is freeman, until the contrary
Il established by evidence The case, then, constitutes,
in the language OF the Supreme Court controversy De.
tween the parties arising under the constitution o
ted States within the express delegation OF Judicial power
given by that instrument. 1t is pain," says Judge
Story 1inasmuch as the right is right of property,
capabe of being recognised and asserted by proceedings
before court OF justce between parties adverse to each
other il constitutes in the strictest sense controversy
between the partes arising under the constitution OF the
United States, within the express delegation oil judicial
power given BY that instrument II IS question IN
voIvng on one side mere claim oil property on the
other, human lbeny--a right oi lnaPpIeclabe value
which is 10 be, in effect hnay decided by the result oi
OF the investigation III cannot be assumed IN the nrs IN
stance that The person thus seized is fugitive or that ne
ever was slave These facts, which lie at the ounda-
ton OF The jurisdiction OF the tribunal and are necessary
for its action must be udlcaly established by evidence
of the fugitive from justice for the purpose OF remanding
him for trial another jurisdiction. IL Is Tor the purpose
of delivering him up the claimant as property to be re-
moved al his pleasure, to his former residence, or 10
slave market TO be sold among strangers into hopeless
slavery Surely before this can be done under the con
staon OF the United States, in State where the person
arrested Is presumed TO be Free il must be satisfactorily
proved that he is fugitive from another State and ina
he owes involuntary service under its laws to the claim
ant The decision is in effect, final and without appeal
How, then, be said, with propnety, ina, ths y
case in which anything short OF full proof VIII answe
The requirements OF Justice Has not the man who u
seized in free State as slave, but who claims TO De
freeman right, before he shall be Withdrawn IRON M
own jurisdiction, from region where he y surrounded
by his friends who prove his title 10 reedom 70 nave
full trabeore competent tribunal, which shali as
dence Is he to be surrendered up TO perpetual slavery
upon mere er purte affidavit OF the claimant VIVA
is there TO distinguish this case except its greater mag
nude from other nvestg alton before judicial ul
bunas where there conflicting claims These two
persons the free State where the proceedings are held
sand upon equal ground the outset OF the nvesga
ton. The alleged fugitive stands there as freeman
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