The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-23

they propagate unless the State itself adopts those
doctrines
There have been, perhaps mutual causes of com
plant l know-at least have heard-that Massa-
chusetts, in apology for some OF her unfriendly
laws upon the subject of the recovery OF fugitive
slaves urges the treatment which a certain minis
ter of hers received in Charleston, South Carolina,
some years ago. A most respectable, venerable,
and worthy man, MIR. Hoar,) was sent by Massa-
chusetts TO South Carolina TO take care OF the free
negroes of Massachusetts that might pass to Charles
ton in any of the vessels of Massachusetts, think
il was a mission hardly worthy for Massachusetts TO
have created. think she might as well have
omitted TO send Mr. Hoar upon any such mission
as that She thought il her right, however, and
sent him upon that mission. He went for the pur-
pose merely, as it said, TO ascertain the rights
Of the free people of color before the courts OF JUS
ticeto test the validity OF certain laws Of South
Carolina in regard TO the prohibition OF free ne
groes coming into her ports believe that was the
object--that the purpose OF his mission. lie
went there, and created no disturbance, as under
stand, except far as asserting these rights and
privileges in the sense that Massachusetts, had UNI
derstood them-except far as her people OF color
might create disturbance. Well, he was virtually
driven out of Charleston, as l believe some other
emissary of the same character was driven out OF
| New Orleans. do not mean to say whether 1t was
right wrong to expel him from that city; but do
mean TO say that Massachusetts,, for the treatment
toward those whom she chose to consider as clti-
zens of the State of Massachusetts,, on the part OF
South Carolina, determined upon that course OF
Legislation by which she has withdrawn all aid
and assistance and interposed obstacles to the re-
coyery OF fugitive slaves. She gives TINS as her
apology; but think it furnished her with no sufl-
cient apology If South Carolina treated her ill,
ii was reason why she in turn should treat Vlr-
ginia, Kentucky and other States i'll. But she
thought so. l mention the case OF the expulsion
| from Charleston, and the passage OF the laws by
Massachusetts-or, rather, the spirit in which they
/ were passed-not by way OF reproach, but to show
Senators that there have been, unhappily, mutual
of irritation, furnished perhaps by one class
| of the States well as the other, though admit
not in the same degree by slave States as by free
States. admit also that the free States have much
less cause for any solicitude and inquietude upon
this whole subject of slavery than the slave States
| have, and that far more extensive excuses II not
justification, ought to be extended to the slave
States than TO the free States, account OF the diff
ference in the condition of the respective parties
Mr.. President, in passing from that resolution,
| will add, that when the time comes for final ac-
ton, will vote most cordially and willingly for
the most stringent measures that can be devised to
secure the execution of the constitutional provision
| it alludes to.
MIR. DAVIS, of Massachusetts,, (interposing.)
am unwilling to interrupt the honorable Senator;
but if he will permit me, will say one word in be-
half of my State.
Mr.. CLAY. Certainly Ssir certainly.
| Mr.. DAVIS. l have never heard any apology
| which offered by Massachusetts, for passing the
laws TO which reference has been made On the
contrary, have always understood that the laws
that Massachusetts han
slaves repealed because the courts, as they un-
| derstood them, had pronounced them to be uncon-
| sttutional. That is the ground they took. Whe-
Their they were wise in the legislation which they
| adopted, / will not undertake to say. But wish
to add one word in regard to the mission, it is
| termed by the honorable Senator from Kentucky
to South Carolina. II call the facts to my recol-
lection Alright, they are these: We are the owners
| ~ much shipping; we employ many sailors;
among them we employ free people of color, who
| are Acknowledged in Massachusetts, to be citi-
zens of the United States, citizens of the Common
wealth, entitled to the rights OF citizens These Cit
| liens taken from our vessels when they ar
| rived in South Carolina and held in custody until
| the vessel sailed again. This our citizens COM
planned of, whether justly or unlustly; they felt
that il was Infringement in the rst place, OF the
rights of the citizens and in the next place, 1t was
great Inconvenience to men engaged IN this trade
III remember correctly, and think do, the peo-
pie of Massachusetts authorized their government
TO PROPOSE at the expense OF the State some proper
individual To go to the State OF South Carolina, to
contest the right Of that State TO hold these citizens
in custody in this way, in the courts OF the United
States. II remember, that was the complaint Of
our citizens; and the mission TO which the honor
able Senator refers then instituted and the ter
| mination of il believe he has correctly stated
And wish it to be understood that Massachusetts
had no aggressive purpose whatever, but SIMPLY de-
sired the judicial tribunal TO settle the question
They wanted nothing more-they asked nothing
more.
Mr. CLAY. hear with great pleasure, Mr.
President, this explanation; but have been in
formed by eminent citizen OF Massachusetts
whose name il is not necessary TO mention-not a
member of this body-that the motive for the re-
peal of those laws OF rcstoraton-or the passage o
those laws OF structon-that one OF the motives
was, the treatment Of Mr.. Hoar in Charleston.
am glad TO hear that il proceeded from another
cause-from what conceive TO be a misconception
Of the decision of the Supreme Court OF the United
States. When the true exposition OF the opinion
comes TO be known in Massachusetts, ] trust that
she will restore all those laws for the recovery vi
those fugitive slaves that she repealed from mis-
conception OF that decision.
| Mr.. President, have great deal more TO say
but shall pass from that resolution with the OBJ
| servation that believe partly made before-that
the stringent provisions upon this subject that
can be devised will meet with my hearty concur
renee and cooperation in the passage Of the bill
under consideration.
The last resolution declares
THAT Congress has no power TO prohibit or OBJ
struct the trade in slaves between the savehoding
States; but that the admission or exclusion Of
slaves brought from one into another OF them de-
ponds exclusively upon their own particular laws
This concession-not, admit, OF any real consti-
tutional provision, but concession-of what is UNI
derstood, believe, by great number at the North
TO be a constitutional provision-from the North 10
the South, IL the resolution be adopted. Take away
the decisions Of the Supreme Court Of the United
States on that subject, and know there is great
deal that might be said both sides OF the subject
in relation 70 the right Of Congress TO regulate the
trade between the States. But ] believe the deci-
sion Of the Supreme Court has been founded upon
correct principles; and ] hope Il will forever put
end 20 the question whether Congress has or has
not the power TO regulate the slave trade between
the different States.
Such, Mr.. President, is the series Of resolutions
which, with earnest and anxious desire 10 pre-
sent the olive branch 10 both parts Of this distract
ed, and, at this moment, unhappy country,
thought IL my duty 10 offer. OF all men upon earth
am the least attached TO any production Of my
own mind. No upon earth Is more ready than
am TO surrender any thing which have proposed
and 10 accept, in lieu Of IT, any thing which is bet
ter. But put IL to the candor Of honorable scna.
upon the other side and upon all sides Of the
chamber, whether their duty will be performed by
simply limiting themselves 70 objections TO any
or two Of the series Of resolutions which have
offered. Ifmy plan Of peace, and accommodation
and harmony, is not right, present Us your plan
Let eontre projet. Let US sec how all the
questions that have arisen out Of this unhappy sub
, Jet Of slavery be better settled, more fairly
and justly settled, TO all quarters Of the Union thar
is proposed in the resolutions which have offered
E Present me such scheme, and hail IL with plea
sure, and will accept IL without the slightest feel
E ing Of regret that my own IL abandoned
. Sir, while was engaged in anxious considera
, ton upon this subject, the idea Of the Missouri