Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-08-30
Rerarts At Mr., DICKINSON, Of Ne,o York. rlosins
fke debate on the Fugitive Slaro Bill
IN SrNArr MnNnAy Ana y6

In SeNArH. MONDAY, Aue, 26,
The question being stated upon the passage OF the bill
Mr. DICKINSON said MIR. President, having consented
vote upon this bill 10 enable my colleague, who
is opposed 10 it, TO be absent few days his
health, deem ii proper TO state my opinions concern
ing il.
The act OF 1903 providing for the restoration of iugi
tive slaves under the constitution. would in my judg
ment. have answered the purpose for which II do
signed, it ii had been fairly construed and faithfully OK
ecuted; aud although we may ohviate some defects
which experience has detected, and add TO its force by
prescribing penalties for resisting lis mandates, yet, as
the whole difficulty has rested in neglect to comply
with plain provision OF the constitution, the remedy
will be sooner found II sought in cultlvaling sound
state OF public feeling and constitutional obligation
among the people OF the free States by executive re
Communications and State legislation than in multiply
ing penal enactments by Congress. The passage OF
bill with suitable provisions will do much good but lis
discussion here, gong out as will TO the people OF
the States. will do much more: Tor II will turn pub
lie attention back iron tho contemplation OF spu-
rous philanthropy and more spurious morality to
the allegiance which all pure and all good citizens
knowledge TO the constitution and laws of their country
In entering INTO q common compact, tho several
States OF the Union solemnly covenanted with each 9TH
10 restore ugitves from Justice and from service, and
these provisions arc too plainly written i'll tho cousttu
ton 10 be mistaken or dsregarded with IMMUNITY.
The constitution, article dth, second subdivision of
the section relating 10 iugitives from justice is as fol-
lows:
A person charged in any State with treason, felony,
other crime, who shall flee from Justice and be found
in another State, shall, demand of the executive
horty OF the State from which he fled, he delivered up
TO be removed to the State having jurisdiction Of the
crime.
The third subdivision of the same section relating to
nsitives from service, is as follows.
No person held to labor or service in State,
der the laws thereof, escaping into another shall in
consequence OF any law or regulation therein be dis
charged from such service labor but shall be deliver
ed up claim OF the party TO whom such service la
Dor may be due.
In both cases the fugitive is to be delivered up"
sunmariy, upon proper evidence; and in neither case
nor in more than the other, is he TO be put upon
trial in the State TO which he has fled Con-
gress do more than TO provide that he shall be delivered
up. The theory OF the compact is, that the fugitive
will be Justly dealt with in the jurisdiction TO which he
is returned 1t consented to in this condng spirit
and have yet to learn that the practice Otherwise
And if we may dlstrust their sense OF Justice on the
hand and therefore violate the constitution, they
may, with far greater proprety, distrus the
other; and thus having the sanctions OF that instrument
tora Just and necessary provision OF the fundamental
law system oconctand violence will be established
The grievance upon the subject ottugve slaves will be
redessed whenever the OF the people i'll the free
States aroused to the abuses which have been prac
used in their name, under tho garb OF benevoence and
superior sanctty and to the end that it may be seen
how the question has been viewed by courts and Judges
of the highest character the FREQ States and what are
| our constitutional obligations shall append to these
reamrks brie extracts from the opinions of Chancellor
| Walworlh, and Justices Nelson, Mclean, and Story
| upon the subject
In the supreme court of New York in the matter of
! Jack a eolored man charged fugitive Mr. Justice
Nelson then justice OF that court in speaking of the
clause OF the constitution requiring the restoration of
| ugitves, said
1t is peremptory and unqualified that he "sha be
delivered up, upon claim OF the party whom such
vice or labormay be due" The right of the owner to
reclaim the fugitive in the State to which he has fled
has been yielded TO him by the States Without this
provision it would have been competent for them to
have wholly denied such claim or to have qualified ii
at discretion All this power they have parted with;
and the owner now has not only unqualified right
/ q he
stltutlon in respect to II.
In the matter in the court for the correction of
errors, Chancellor Walworth says:
Independent, however OF any legislation on the sub
ect either by the individual States by Congress- the
person whose services claimed is in fact fugitive
from servtude under the laws of another State, the
constitutional provision is imperative that he shall be
delUered up to has master upon claim made and any
State officer private citizen who owes allegiance to
the United States, aud has taken the usual oath sup
port the constitution thereof, cannot, without mourning
the moral guilt Of perjury, do any act to deprive The
master OF his right oil reception, where there is real
doubt that the person whose services are claimed in
TACT the slave OF the claimant.
In the Supreme Court OF the United States, in the
ofPrgg us. the Commonwealth Of Pennsylvania, JUS
/ tce Story says
Ths7s1a,se of she hast u,noreanee to the safety
and security OF the Southern States and could no,
baye been surrendered by them without endangering
their whole property in slaves. The clause was ac-
cordngly adopted into the constitution by the unan-
nous consent OF the trainers OF t-a proof at once o
its intrinsic and practical necessity.
How, then are weinerpret the language ofthe clause!
The true answer is, in such manner s. consistently
Nth the lcords, shaHtully and completely eectuate
the i1hole objects of it If by mode of nlerpreta-
ton the right must become shadowy and unsubstantia
and without any remedial power adequate to the end
and by another mode 1t will attain ts Just end and
secure its manifest purpose, it would SEEM upon
principles OF reasoning absolutely irresistible that the
latter ought 10 prevail No of Justice can be au.
thorzed SO to construe any clause OF the constitution
to defeat its obvious ends when another construction
equally accordant with the words and sense thereof will
enforce and protect them.
The clause manestly contemplates the existence oil
aposltlve, unqualhed right the part of the owner Of
the slave, which no State ta,r in ana pav quaCy
regulate, CONTROL or restrain The slave is not to be
discharged from service or labor consequence of anu
STATE lao 0rreeutdtton Now certainly without in
duging in any nicely of criticism upon words if NAV
fairly and reasonably be said that any State law or
State regulation which interrupts limits delays or post
pones the right OF the owner TO the immediate possess
son OF the slave, and the immediate command OF his
service and, labor operates pro tanto, discharge Of
| the slave theretrom.
In thesame case, Mr.. Justice Mclean says:
Without adyertisg TO other conflicting views and in.
teress OF tire States represented in the general conven
ton, the subject of slavery them as is now mos
delicate and absorbing consideration In some of the
States was considered an evil, and strong oppos.
ton to ii, in all its forms, was felt and expressed In
others it was viewed cherished right incorporated
into the social compact and sacredly guarded by law
Up mons so conflicting and which deeply pervaded
the elements OF society," could be brought to reconced
action only by exercise of exalted patriotism For
tunatey Tor the country this patriotism not wanting
in the convention and in the States. The danger Of
dscord and ruin was seen, and felt, and dyed
and this led to the formation of the coniederacy The
constitution, as Is cannot be said have imboded in
all ts parts the peculiar views of any great section Of
the Union but it adopted by wise and far-reach-
ing conviction that the best which, under the cir
cumstances could be devised and that its mperecons
would be lost sight Of if not forgotten in the national
prosperity and glory which it would secure
The anguage.of the provision is general 1t cove rs
the whole ground-not in detail but in principle. Tn e
States are inhibited from passing "any law or regula.
ton which shall discharge fugitive slave from the ser
vice OF his MASTERY and positive duty enoined on
them to deliver him up on claim Of the party to whom
! his service may be due"
| The bill was then passed.
| MIR. Mason moved that the title be amended so as
TO read "An amend and supplementary to the act
entitled An act respecting ugltives from justice, and
persons escaping from the service OF their masters APP
proved February II, 1898 ;" which was agreed to-
and the bill as amended was passed.
Mr.. RHErr AND Mr.. ADAMs-The Mobile Herald
speaking OF Mr.. Barnwell Rhett, says
may not be known that this gentleman is descend
ed the paternal side from an ancestor of the late