The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-29

capture OF fugitive slave in the State federal cour
at the pleasure Of the plaintiff Neither II true that IN
obligations OF the constitution are 10 be enforced upo
the people OF the United States through the general gov
eminent alone. On the contrary, there are many oil tn
most essential provisions OF the constitution which can
not be executed without the aid OF Slate legislation
There certain provisions which bind not only TN
general government but in the nature OF treaty snpu
lations between the States. The general government
cannot enforce them aone and yet they relate 70 ihs
very ends Tor which the Union formed refer to th
provision for recapurng fugtves from labor and Just
lee and that class OF provisions which secure Tree
trade and reciprocal intercourse amongst the States Inc
one said by the Supreme Court to have been the cond
on which the Union exists the others secure those
objects which have given the Union It's greatest value
How are we to enforce any q these provisions iny and
against ihem Take that in relation to fugitive slaves
BY way Of example. Suppose the States frame Laws
which profess to look . NE lsgnae Godst
ton, and yet insidously drawn as 70 make II
so expensive and so dangerous for master OF q
effort: what if the laws framed that il a master
makes the least mistake in pursuing his rights under an
act OF Congress- he finds himself in danger OF being de-
manded as fugitive from justice in his State, be-
cause he has placed himself within the reach Of nsdious
legislation another State, which designed to OBJ.
suct him in the prosecution OF his rights What too. if
laws constitutional in the letter passed for the very
purpose Of making i expensive and odious to prosecute
this right by forbddng their officers to give assistance,
and encouraging state Of public opinion which s hos
tile to the rght Suppose the State authorities refuse to
punish persons who aid the escape OF slave by force,
or who beat or murder the master whilst prosecuting
his right: some Of these modes OF evading this con-
stitutona obligation have already been pracsed, as we
know.
But how is as to these other clauses which to
all The States free trade and reciprocal ntercourse Il the
government of New York Massachusetts should say to
Virginia that if their citizens steal slaves when they
come among us, and thus violate laws they will not
deliver them up on their return as fugves from justice,
permit the vessels Of those States to come into her
waters Might she not justly say that this is necessary
e save her property and protect her peace Judge .
sale oil slaves within her borders, upon the ground that
"t was higher and deeper than the constitution and
that it ress upon the law OF sefpreservaon' Surely
the defence could be made it, under the circum-
stances of which have spoken, the slave States were
to forbid such vessels from visiting their ports The
constitution also provides for reciprocal intercourse and
gives the citizens Of State all the privileges Of the
citizens OF another State, when within It's boundaries.
But suppose if citizen Of Ohio were to come into Ken
lucky to nce the slaves 10 insurrecon or 70 kidnap
them and return to his State and It's governor should re-
fuse to deliver him up, upon the ground that It was no
offence in Ohio TO excite slaves to insurecon or to aid
them in escaping from their masers-in such case,
would not this power "hgher than the constitution"
this "nght OF sefpeservaton, justify Kentucky in i'm
posing such penalties upon any citizen oi Ohio who came
into her borders as would break up the intercourse
And how, sir, if injured slave State were to resort
to another system OF retaliation which calculated TO
destroy the free right Of another State to trade with il
Suppose Kentucky, in such case, were TO impose not
duty upon goods manufactured in Ohio, but internal
upon them whenever they were sold s II not nearly
certain that legislation Of this Sort and really intended in
hostility to the right OF Ohio to trade within her limits
could be so devised to leave no adequate remedy
either in the federal courts or in federal legislation!
Mr. President, will not pursue this branch of the
subject further bat not probable that these are the
collisions through which the Union would first be serious
ly threatened III we TO divide. it will probably
be brought by war OF commercial restrictions and
system Of hostile Legislation between the States have
dwet longer upon this branch OF the subject than other
wise should have done, not only because II IS one OF
the Of greatest danger 70 The Union, but be-
is one OF the evils OF which the South has most
complain. Such, sir, is brief view OF the war
which has been waged against the property OF the South,
through the action OF the governments oil the States and
OF the United States Let us see how we stand IN rea-
ton to right be protected by the federal govern
ment against foreign assaults upon our slave property
We all recollect the cases OF the Comet, the Enter
prise. and the Creole, vessels carrying negroes which
were unavedably forced into the British islands. where
the negroes liberated and redelivery or compen-
sation refused by the British government They re-
fused upon the very ground that they did not admit the
right of property in slaves, and thus indirectly held
strong temptation to negroes carried along coast TO
rise upon the crew. Resolutions passed, think
unanimously in this body in which was asserted that in
such cases our jurisdiction followed the flag and that
der such the focibe liberation of slaves
was grievance, and we were entitled TO redress The
Of the Creole was enc in which the negroes muir
dered part OF the crew, and took the vessel by force
British island The correspondence carried on by the
senator from Massachusetts. then Secretary OF State
and Lo:d Ashburton, will long be considered monu-
ment Of the ability OF the former Our claim to satsfac.
ton for this injury was demonstrated beyond doubt
Indeed evident from Lord Ashburons letter. that he
himself felt the force OF the argument He soughtto
evade the argument; he reminded Mr.: Webster OF the
sensitive OF the public opinion OF England upon this
subject, and advised him to transfer the negotiation to
London And what was the RESULT Did we ever OBJ
tain any compensation Did we obtain any treaty stpu-
ation against the repetition OF such injuries Nothing
OF The sort; but assurance from Lord Ashburton
that he would recommend the authorities in the British
West India islands not TO repeat the offence We have
had no repetition OF the offence with which am ac-
quanted but whether this proceeded from the want OF
opportunity the want OF disposition, know not Ger
tain il is that these wrongs unredressed and does
any man believe that we could invoke this government
TO use force protect against such outrages with any
hope Of successi No, sir; If we to attempt it, we
should get up assaults upon our property at home which
would inure US as much more than the foreign ag-
gresson.
But Mr. President, how could we expect this govern
ment 10 prosecute this claim Tor satisfaction 10 any
length We had at that very time similar case pending
between us and Span in which we stood "in pari de-
iiaiu" mean the case OF the Amsad, Spanish vessel
that upon the crew. murdered the captain and
forced the masters bring the vessel into the United
States This offence committed under The Spanish ag
upon Spanish vessel, off the coast oil Spanish island
and when the vessel brought into the United States
the master produced the certificate Of the Captain General
OF Cuba prove that those Africans slaves according
to the laws OF Spain. The Spanish Minister demanded
the restoration OF the vessel and cargo the Spanish
horiles only upon the faith OF treaty, but upon the
authority Of that very principle Of national law which, by
unanimous resolution, the Senate OF the United States had
affirmed II these propositions so affirmed were true
and who can doubt il question OF national law 1.-THE
Spanish jurisdiction followed lie flag the Amisad and
the case (except lar as salvage concerned)
was one for the decision Of Spanish authorities But our