The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-17

TACT tdt IL eloNdtes Tie Caf dCter OI tie Wnle man
Though zoe haze been ia numerical minority IA the
Union for tiy years, yet during The greater part Of
that period zoe haze managed 10 control the dsstinss
Of this nation
Here il the most unequivocal testimony to the
truth OF N.Y. asseI ton. And yet we hear daily
complaints that southern endurance is no longer
virtue, and that the South must now rebel against
the action Of Government whose destinies II has
managed TO control for fifty years
So much for the action of the General Govern
ment; and now, how is il with the States.
II is charged that the North has not sufficiently
regarded the obligation assumed by them under the
Constitution in relation TO fugitive slaves. And in
this particular am free TO say, that, in my judg-
mcnt, there is reason for discomfort do not think
that the character OF that obligation has been suf-
GENTLY considered, and well weighed. II grows
out OF the Sd clause Of the I'd section of the 4th
ticle OF the Constitution, which is as follows:
"No person held to service or labor in one State,
under the laws thereof, escaping into another shall
IN consequence OF any law regulation therein, be
discharged from such service or labor but shall be
delivered up on claim of the party to whom such
service or labor may be due''
This reads very plainly, and admits of no doubt
but that, SO far fugitive slaves are concerned,
the Constitution fully recognises the right TO re-
claim them from within the limits of free States,
IL Is in the Constitution which we have all sworn
10 support, and which hope we all mean to sup
port; and have no mental reservation excluding
any of it's clauses from the sanction OF that oath. II
is too late now to complain that such provision is
there. Our fathers, who formed that entire nstru-
ment placed it there, and left ii to US as an inherit
ance; and nothing but an amendment OF the Con-
stitution violation of our oaths tear it out.
And, however much we may abhor slavery, there
is no way for honorable, honest-nay, conscientious
men, who desire TO live under our laws and our
Constitution, but to abide by it in its spirit. Sir,
desire to hold the South 10 the manifestation OF the
spirit, and to the same unequivocal reverence
and obedience to other clauses in the same Consti
tuition and, standing upon this ground, can
boldly demand il of them. Recognising, then, the
.lttfxr Af cid
am willing to vote for any measure which will ac-
compsh it, and which does not, at the same time,
tend TO the violation of the rights Of own citi
zens. While desire to do every thing which may
protect the rights OF property which are guaran-
tied to citizens of the slave States, cannot consent
to sacrifice the rights of liberty which belong TO the
citizens OF the free States. To secure both these
ends see no other mode than to have those rights
settled before legal tribunals, by the verdicts Of
juries and the judgments of courts. Against this,
il may be urged that the process Is too dilatory,
and would be rendered vcxatious. The answer Is,
that no more delay would ensue than in the yindi-
cation of any other valuable rights but care not
how speedy and summary the trial may be required
to be- provided it Is had before respectable judi
cial tribunal.
Mr.. Conan, of Louisiana. Will the gentleman
allow me to ask him if he thinks we could have
impartial jury?
Mr.. AsHMuS. ] know full well that there would
be some difficulty in this respect. ] will not dis
cruise il; and it is always difficult to obtain per-
mans own State Louisiana) in any case of deep in
terest and public excitement, when the parties
might be a citizen Of that State, on the one hand
and foreigner ON the other. But have had much
experience in jury trials, and, under the guide of
an enlightened and independent Judiciary, have
found that jurors generally disposed to march
manfuliy up to the line of their duty, and keep the
oath which they take to ssrcnder a true verdict
cording the law and the testimony given them
Ia capital cases il is often difficult to find jury
whose notions upon the subject of punishment with
death do not unfit them for full discharge of their
duty and great pains required TO sift the panel
and to reject improper persons. But docs this cir
cumstance, nconvenient it is, suggest to any
mind the expediency of doing away with the trial
by jury in cases where the punishment Is death?
Mr.. MoREHEAp, OF Kentucky. ! would ask the
gentleman if he would give trial by jury in the
case of fugitives from justice?
Mr.. AsHMUs. Most certainly; but the cases
are widely different The trial of the fugitive from
justice must be in the State and county where the
crime il committed, and cannot be any where else.
The indictment is found there, and upon il a requi
siton Is made by the governor of the State, upon
the governor of the State where the supposed Grim
inal Is, and upon satisfactory evidence of identity
he is delivered up TO be tried by jury. But when
colorcd man is seized in Massachusetts upon claim
that he is the property Of citizen of slave State,
and he claims TO be citizen of Massachusetts,, and
invokes the protection of the laws of Massachusetts,
is il TO be said he may be summarily sent away by
the decree Of any magistrate, without the priv
ilege OF vindicatng his title to his citizenship be-
fore jury Of the country? Why, sir, it couldn't
be done in the of horse escaped from one
State into another and found in the possession Of
citizen. IL could not be taken by strong hand-by
force. The claimant must resort 10 process of law.
He must sue out his writ Of replevn, and the title
of the defendant must be tried there, where he
lives. That defendant may be negro; and surely
ii without trial by jury you may not take that
which he claims TO be his property, you can hardly
claim TO seize the man himself and carry him away
before his title TO freedom has been tested by tri
bunal respectable at least, and as safe as that
which settles the title 10 his horsei
am not insensible TO the embarrassments and
difficulties which surround this question. They
grow, in great degree, out of the nature Of the
subject; but still, il there be restoration of
reciprocal, kindly feeling between the two sections
Of the Union there Is insuperable obstacle in the
way Of an arrangement which would be satisfac-
tory to both. This restoration must be looked for
IN ready, unhesitating, and cheerful compliance
with all, every one, Of the obligations which are
contained in the Constitution.
And this remark brings me 10 turn over a leaf,
and point TO a complaint which the free States OF
the North make of serious infraction of the Con-
stitotion TO their great annoyance, and violation
OF the rights OF their people. In the article OF
the Constitution and at the head Of the same sec
ton in which the clause concerning fugitive slaves
Is found, stands the following clause
'The citizens Of each State shall be entitled 10 all
the privileges and immunitics Of citizens in the
several States"
Now, every body admits that "the citizens OF
choose 20 make such. Virginia may establish her
standard Of citizcnship-and she does 30; and 20
also may Michigan, or Massachusetts; and accord.
ingly Massachusetts has given TO the oolored man
the rights Of citizenship. She imposes upon him the
same taxes and other obligation, and gives him
the rights with other citizens; and this brings
him within the protection Of the above clause in
the Constitution. He can go from our ports, armed
with the rights Of American citizen, around the
world-to France, England, Russia, China, or
wherever else sail can carry him-and protection
goes with him. Everywhere the flag OF our ma.
ton heralds him aud guards him. But IL his
voyage brings him into the harbor Of the re-
publican slave States Of this Union, what be-
comes Of lie boastcd rights Of citizenship; that
right guaranteed 10 him by this clause Of the
Constitution He IL instantly seized upon a
charge Of being guilty Of a skin not colorcd like
our own" and thrown into prson, there 70 remain
a. long the ship may remain in port. To show
exactly how this thing s, have taken pains 10
lind the law Of South Carolina upon the subject,
and quote from the act Of December 81, 1921, the
second section Of which is az follows:
"SEc. II. n any vessel shall come into any port
harbor Of this State, from any other State for
eign port, having on board any free negroes, or
persons Of color, cooks, stewards, mariners, OF
in an al nil nj ls.ar nf