Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-04-11


ly one complaint Of the South, which has
in my opinion just foundation and that is,
that there has been found at the North,
among individuals and among the legisla-
tors Of the North, disinclination to per-
form, fully, their constitutional duties in
regard to the return Of persons bound To
service who have escaped into the free
States. In that respect, it is my judg-
ment that the South is right, and the North
is wrong. Every member OF every North
ern Legislature is bound by oath, like
every other officer In the country, to sup
port The Constitution Of the United States:
and this article Of the Constitution, which
says TO these States they shall deliver up
fugitives from service, is as binding in
honor and consci ence s. Sny other article,
No man fulhls his duty in any Legi>la-
ture who sets himself to find excuses,
evasions, escapes from this constitutional
obligation. I have always thought that the
Constitution addressed itself to the Legis-
latures of the States themselves. 1t says
that those persons escaping to other States
shall be delivered up, and confess have
always been Of the opinion that it was an
injunction upon the States themselves
When it is said that person escaping in.
to another State, and becoming therefore
within the jurisdiction Of that State, shal
be delivered up il seems to me the import o.
the passage is, that the State itself, in ODE.
dience 10 the Constitution, shall cause him
TO be delivered up. That is my judgme nj
l have always entertained that opinion
and l entertain it now. But when the
subject, some years ago, was before the
Supreme Court OF the United States, the
ma ,ori'y Of the judges held tha, the pow.
er 10 cause fugitives from service TO be
delivered up was a power to be exercised
under the authority OF this Government
| do not know, on the whole, that it may
not have been a fortunate decision. My
habit is to respect the resul; of judicial
deliberations and the solemnity Of judicial
decisions. But, as it now stands, the bus
iness Of seeing that these iugi,ives are de-
livered up resides in the power Of Con.
gress and the national iudica,ure, and my
friend IA, the head Of Judiciary Com.
mit,ee has bill on the subject now be.
fore the Senate, with some amendments &c
1t, which propose TO support, with all lis
provisions, to the fullest extent. And
desire 10 call the attention OF all sober.
minded men, Of all conscientious men, in
the North, of all men who are not carried
away by any fanatical idea or by any false
H. Al ~ l.
legations. put it to all the sober and
sound minds at the North as a question o
morals and a question Of conscience. 49,
What right have they, in their Legislative
e"rms..y -- airy r.ti--s'.u esus'Sassr~tur s~'
round this Constitutions, TO enbarrass the
free exercise Of the rights secured by the
Constitution to the persons whose slaves
escape from them? None at all none at
all. Neither in the forum of conscience
nor before the face Of The Constitution, are
they justified, in my opinion. Or course
it is a matter for their consideration
They probably, in the turmoil ofthe times,
have not stopped to consider Of this; they
have followed what seem to be the cur
rent Of thought and Of motives, as the oc-
cssion arose, and neglected TO investigate
fully the real question, and TO consider
their Constitutional obligations as am
sure, if they did consider. they. would full
fiji them with alacrity. Therefore, re-
peat, sir, that here is a ground of com
plaint against the North well founded,
which ought to be removed, which it is
now in the power Of the different depart
neuts of this Government TO remove
which calls for the enactment of proper
laws authorizing the judica,ure of this
government, in the several States, to do
all that is necessary for the recapture OF
fugitive slaves, and for the restoration oil
them 10 those who claim them. Where
ever 60, and whenever | speak on this
subiect-and when speak here l desire
to speak to the whole North-I say that
the South has been injured in this respect
and has RIG h, TO complain; and the North
has been too careless Of what think the
Constitution peremplorily and emphati.
cally enioins upon il as duty.
Complaint has been made against cer-
tain resolutions that emanate from Legis-
la,ures at the North, and are sent here 10
Us, not only on the subject of slavery in
this District, but sometimes recommending
Congress to consider the means of abol-
ishing slavery in the States. should be
sorry to be called upon 10 present any
resolutions here which could not be re-
ferable 10 any committee or any power in
Congress. and. therefore, | should he very
unwilling 10 receive from Massachusetts
instructions TO prcsen; resolutions ex-
pres, ing any opinion whatever upon
slavery as it exists at the present moment
in the States, for two reasons; because,
first, l do not consider that the Legisla-
ture Of Mas sachuse,ts has anything TO do
with it +; and next, do not consider that /,
as her repres enta,ive here, have anything
to do with it. Sir, it has become, in my
opiuion, quite too common; and if the
Leeis iasures of the States do no, like that
opinion, they have great deal more pow
er to put il down than have 10 uphold it.
II has become, in tay opinion, quite too
common a practice for the Stale Legi,la-
tures to present resolutions here, on all
subjects and to instruct Us here or all sub
iects. There is no public man that re-
q,ires instruction more than do, or who
requires information more than do, or
desires it more heartily; but DO l.o'
like to have it come in too imperative a
shape. ltook notice, with pleasure, Of
some remarks upon this subject made the