The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-22

answerable Tor it, and thai you cannot pass any law
short OF that which rs worth paiing upon the statute
book.
Now, MIR. President am prepared. with reference 10
the amendment which have offered, TO defend It's pro-
visions thnk, sir. against any attack whch VIII oe
made upon IT, constitutional or Otherwise believe is
| the only remedy IA the power OF Congress which WIN
settle now and forever the agitation upon the subject OF
fugitive slaves The North cannot say II Is injustice 70
them, because the South will at least pay hall for then
own servants when the North is prevented, out OF re-
gard TO their higher law, from conforming TO Their con-
stituiiona obligations The South will agree to take IT
the only means IN the power OF Congress by which the
constitutional provision, in reference 10 their prcpery
can be carried out Sir if you pass this law. there Will
cease TO be excitement in regard TO fugitive slaves
either in Virginia, Kentucky, and Maryland, or any OF
the States now subjected to the hazard OF their loss
because the master 60 TO the State from which the
slave has escaped by pursuing the course indicated IN
this BILL and II the government OF the United States does
discharge its dutyfit does not do what II is Obliged
by the constitution TO do. he say to the government
You have neglected to comply with the provision OF the
constitution; now pay me the loss have sustained
have heard ntimated that objections may be raised
to II that persons IN the southern States might vounla
rily suffer Their negroes 10 escape This cannot be a
sound objection, because that owner is to make an am
davt OF the invoun, AIRY escape OF the slave He IS not
only to do that but to institute suit Tor his recovery
from the United States government and he 49, by legal
and competent proof, TO show TO the circuit court oil the
United States, before jury summoned by the tribunal
OF the United States that he made demand Tor his ser
want, that he his slave and that he was not returned
| to him No who will look at this subject for mo-
ment with candid mind can see any indication OF
danger of any such result because he will see that the
master, besides the violation OF his OATH even s,ppos-
ing him to be bad enough to be willing TO violate his
oath, could onydo this Tor the purpose OF manuming
his own servant and any master who could be so kind
as to wish 10 manumlt his slave would be too good TO
make false oath Amy man who desired TO obtain the
money for his servant who had hin in his possession,
would prefer to sell him, which he could do at any
men rather than wait until he could recover his value
| by litigation No believe that master would
voluntarily suffer his servant TO escape in order to recover
his value in the indicated in this bill, when he
could, by selling him, obtain the same amount at any
moment Iepea without gong further at this time INTO
the consideration oil this subject that shall hope, with
the assistance OF other friends Of the bill, be able to an
swer successfully any objection which shall be urged TO
this bill have only TO ask the yeas and nays on the
amendment
The yeas and nays were ordered.
Mr. WINTHROP. do not rise to reply at any length
to any part of the remarks Of the honorable senator from
Maryland but desire to correct Misrepresentation into
which he has fallen in regard to what SAID yesterday
He seems to have understood me to make the remark IN
The broadcast and most unqualified terms, that no law
could be executed unless the people in favor OF it
and he would almost to imply that had really been
disposed to lnslgate opposition TO any law IN my own
State or elsewhere which might be unpalatableto the
people No such idea ever entered my mind My course
OF remark simply this: was aluding to the provis-
ment of the honorable senator from Virginia, and the
amendment offered to that amendment by the senator
from New jersey proposing the trial by jury IN all these
cases. expressed my opinion in favor OF the amend
ment OF the senator from New Jersey said in relation
to that amendment that believed, in all sincerity, that
more fugves from labor would be recaplued and recov
by jury than under the existing law. And in giving my
reasons for this opinion proceeded to remark upon The
general principle that all laws depend more or less Tor
their execution upon their being framed IN conformity
with the public sentiment OF the people among whom
they to operate. Now, sir am sure the senator
fom Maryland will not dispute SO simple and obvious
proposition this that if shall provide statutes upon
this subject or upon any other subject which shall cor
respond with the public sentiment OF the community IN
which they to be executed, they more likely to be
carried out faithfully and efficiently than if they were
framed in direct conflict with that public sentiment That
was my whole EXPRESSION and nothing more was meant
The senator appeals 10 the from Massachu.
setts however upon another subject and he demands
reply somewhat emphatically His question is; Whether
Massachusetts would, under any circumstances consent
10 the abolition OF slavery could only answer that
question by this single remark, that believe when.
ever Just % h ana bv ina
States 10 whom the right OF making such proposition
alone belongs, Massachusetts will be the last State on
one OF the last States in this Union TO object to such
proposition account OF any pecunary or other sacrifice
] which II might involve.
/ Mr. PRATT ! certainly did not design TO indicate al
ALL sir that the from Massachusetts intended 10
encourage any feeling upon the part OF the people OF that
State OF opposition law. But he has reiterated the
sentiment that laws depend for their execution upon the
will OF the people where they executed and he ap
pealed to 10 say whether that Is not my experience
tell him il is not. tell him that in the State which
have the honor IN part 10 represent there has never been
an instance IN which the people attempted 10 resist
law upon the part OF Congress; and IN reference le
its constuonaty they have submitted to the decisions
oil The supreme Court oil the united Stdlcs MY
stuents would consider themselves guilty OF treason
towards common country, If they should consider
law constuonally passed by Congress dependent io
its execute upon their will.
i Mr. WINTHROP. Then | understand the senator
from Maryland to imply the very reverse OF my PROPOSE
ton, and to Intimate that whenever desire any law
upon this upon any ohet subject faithfully executed
we Should frame ITS provisions IN utter disregard oil The
feelings, and views, and of justice OF the people
among whom that law is 10 operate. That would seen
to be the implication for while maintain that, with
view TO carry law efficiently, should consult The
views and principles OF the community whom II /;
TO be enforced the SENATOR far as can understand
him, maintains. the contrary that he should be quit,
ashamed OF the people of Maryland II they were to hole
any such doctrine. Why, SIR Tor what are sent here
TO represent the people, suppose We are sent here Il
represent the views and principles OF The people IN hs
various parts OF the country from which come and
imbody those views and those principles, tar W,
can consistently with allegiance to the constitution OF
the United States, IN the laws which may pass anc
promugae Ii cannot be, SIR thai the honorable senate
will deny, that as matter OF mere expediency and as III
result OF our own practical experience the proposition
which have asserted Is correct and thai Tor the efhclen
operation OF law is both desirable and necessary
that il should conform to the principles and views OF
those among whom il is TO be executed.
Il Mr.. PRATT. Mr.. President, have not the slightest
objection that sentiments, however contrary to what
think right should be uttered by any member on ths floor
butt have objections 10 that member atirb
utng those sentiments How The senator could have
understood say that would be true policy upon ID,
part OF the Congress OF the United Saes IN order 10 bav
their laws executed TO pass them IN contradiction 10 thu
sentiment OF the people where they are 10 be executed,
am everybody but himself will be at loss TO say
Now, sir, state that the people of Maryland, to use hi
Language, would he ashamed would consider themseve
traorous TO the country II they attempted by their owl
WILL before the law had been determined 10 be unconsu