The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-18

4
It will be severed, but never by southern hand.
II will be severed by the reckless fanaticism OF
northern men. said my effort was TO preserve the
Union, and hence it was in view of the delusion OF
| the northern mind, of which have spoken, that
voted against the distinguished gentleman from
Massachusetts, (Mr WINTHROP in the organiza-
| ton OF the House; not that did not believe him a
| Whig--not that did not believe him accom-
plished gentleman-but did 50 upon national, con-
stitutional grounds that the North and South should
understand each other that if we permitted speedy
organization The probability that those measures,
country, would, in hot haste, be passed before the
national heart could be touched, or the national
/ mind awakened. did not intend TO vote for
! gentleman whom believed to be in favor of the
Wilmot proviso, did not intend to vote for gen
tleman whom believed to be in favor Of the aboli-
tion of slavery in the District Of Columbia. did
not intend to vote for a gentleman who had stood
| in minority Of forty eight against the admission
Of Florida, slave State, in the Union. say
this with the most perfect respect to the distn
gushed gentleman from Massachusetts,. Nor do l
believe that, crisis like the present. my consti
iuents, with these lights before thcm would have
| expected, wished me to have given such vote.
| Having now, Mr.. Chairman, devoted much
time as deem necessary in defining my position,
| respectfully invite the attention of the committee
to the few remarks may be enabled to make with
in the brief hour upon those great subjects which
| now agitate the nation.
| said, Mr.. Chairman, that it was important that
| the North and the South should understand each
other. The South has her complaints against the
North; she has her grievances. And do sincerely
think that all Of from the North and the South,
can be patriotic enough to look at them deliberate
ly we shall find that they founded in justice
and that these idle complaints the part of
| the South. l ask whether there is any right
| firmly guaranteed in our Constitution than the
right which southern have under its provisions
to reclaim their fugitive slaves' The second sec
ton of the fourth article of the Constitution reads
| in these words:
''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 discharged from such service labor,
but shall be delivered up on claim of the party to
| whom such service or labor may be due. y
| The Immediately preceding clause of the same
article Continued Mr. M is in the following
words:
GA person charged in any State with treason,
felony, or other crime who shall flee from justice,
and be found in another State, shall, demand of
the executive authority of the State from which he
fled, be delivered up, to be removed to the State
I having jurisdiction of the crime"
This right Continued Mr.. NJ which south
| ern man has to claim his property, s a right
| which has been acknowledged, and is now ac-
knowledged, by every intelligent man in the ma
| ton-in the North and in the South The de-
mand was to be made upon the State, and ii
was demand to be made in favor of the party
claiming the property; and, if national legislation
was not sufficient TO effect it, ii the duty OF
northern men TO cooperate in rendering obedience
| to the provisions of the Constitution. The terms
of the section which relate to fugtives from JUS
/ tice are the same-to be % delivered up" Ii is
conceded on all sides that there has been acqui-
escence the part of the North in the provision
Prospecting fugtives from JUSTICE whilst in respect
to fugitves from labor, there has been not only re-
sistance but also adverse legislation. So far from
| extending the aid which had right to expect,
and which our fathers who framed the Constitution
did expect there has been adverse hostile legisla
ton. And the question might be pertinently made,
why has there been this difference in respect to fu-
gitives from justice and fugtives from labor? Can
Il be that the North well the South is inter
csted in recaiming fugitives from justice, whilst
the South alone is interested in recaiming fugtves
from labor! Mr.. Chairman, in order 10 show the
importance of this clause of the Constitution, as
conceded by northern men, will quote short
extract from decision made by Judge Baldwin In
the of Prgg against the State OF Pennsylvania
l6 Peters. IL is as follows:
at is historically we'll known that the clause in
the Constitution of the United States relating to per
sons owing service and labor in one State, escaping
into other States, TO 10 the citizens q
the slavehodng States the complete right and title
of ownership in their slaves, property, in every
State Of the Union into which they might escape
from the State in which they held in servitude.
The full recognition of this right and title in
dspensable TO the security Of this species of prop
erty in all the slaveholding States and indeed rds
rtaI 10 The presnuatior Of their domestic interests
and institutions, that cannot be doubted that II
situied fundamental article Uinotf. The adoption
Of tchich The Union could not haze been formed. Its
true design was 70 guard against the doctrines and
principles prevailing the slaVenOldng states
by preventing them from intermeddling with or
obstructing abolishing the rights Of the owners
Of slaves. Prigg vs. Commonwealth Of Pennsylua-
mia, i6 Peters, p. 539.
That the decision of Judge Baldwin upon
that subject. will now read short extract from
an opinion of Judge Mclean, given in charge 10 a
Jury during the last fall, in holding his circuit
court in Indiana. In commenting upon this clause
Of the Constitution, he says:
| "The clause in the Constitution which has been
nd he act off ConO in ardt
from labor, were intended 10 the services
| of slaves a well those Of apprentices. From
The history Of Ds times. knoto the recognition Of
this potDer the States, and in this form,
fiai 10 e adoption Of The Consfifution; and Dtis
| principle Of compvomise the compact Of De Uni0n
| tcas formed 10 Western Law Journal-Judgc
| & Hamilton, Circuit Court Of the u. s., District Of
Indiana.)
I ask, Mr.. Chairman, IL northern men will form
their opinions by the judgment Of northern judges
| / have quoted the decisions Of two distinguished
northern jurists, who agree in saying that this
a fundamental article Of the Constitution, without
| the engrafting Of which the Constitution never
would have been framed. ask II there is a north
| ern man bold enough 20 stand up upon this floor
and say that that fundamental article Of the Con-
stitution has not been tramplcd in the DUST Yes
/ northern men acknowledge IL Is dead letter. And
why is il dead ettcr' Because of the hostile and
Mr. GIDpISos interposed, and asked IL the gen
tleman from Virginia would permit him 10 inquire
| very respectfully
The CHAmNkN. Does the gentleman from yir-
/ ginia mir. MoRroN) yield the floor
| MIR. morton. My time is very limited
\ Mr.. GIDDITGs. wished merely 10 ask the gen
tlcnan 20 name any State which has violated that
| clause Of the Constitution.
| Mr.. MoRToS, (rcsuming) II would be very diff
6cult 20 name any northern State which has not
violated g. You have violated Il by mobs you
have violated IL by legislation.
| Mr.. GIDDISGs. Will the gentleman name one
State which has violated il by legislation
Mr.. MoRToS. Pennsylvania, Rhode Island. Mas
sachusetts, aud many other northern States. IL
i would be easier TO name the exceptions than To
name the States trust the gentleman will not
interrupt me with such inquiries ms that, when the
history Of tho times stamps truth upon every word
| ! have said, and northern men, who are not sunk
/ in the depths Of fanaticism acknowledge Il.
| was going TO ask. il this was regarded n
fundamental principle Of the Constitution Without
/ which, as northern men and northern judges have
/ declared, our fathers never would have framed
that instrument-ifin in this day and this hour there
is less need, a security 20 the South, for that
provision than there when the Constitution
was adopted At that time the fathers OF northern
/ men intended and the fathers of southern men
| expected, that this provision would be honestly
carried out. Bot Of late spirit has arscp in this