The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-10

That error has been dspeled and no man Of reputation
will now hazard Il by denying the constunonalliy ol
the law II was said. too. that the law abolishes the
81 y ss
the law Of 1850 He may test the question o his Tree
dom in the State from which he escapes BY jury trial
like any white citizen. but he has under any law
OF the United States had that right in the Stale TO which
he escapes Thus in this respect the law OF 1893 and
1850 are idsniieaIy the same know Of many upon
were made believe oo that the law suspends the writ
Of habeas corpus and this could not be corrected
until had led 10 fixed peudices over which truth does
not easily prevail II is now well understood and con-
ceded that the law could not consuonally and in fact
does not, suspend the writ OF habsas corpus But the list
OF gross misrepresenaiions does not stop here Men
were told that the law OF 1850 imposes penalty OF
900 every who shall refuse to aid in the arrest
Of fugitive slave There is no such provision in the law,
and il does not impose the penalty OF single farthng
for such refusal Il. has been also represented that all
the fees and expenses attending the proceedings under
this law are 70 be paid out OF the public treasury no
gosssr misrepresentation could have been c,rcu'a-
ted, since the law expressly provides that all such fees
and expenses shall be paid By such elaiman, their
agents attorneys" whether such supposed fugitive
ys o. sso, a Be ordered 70 Ds q
commissioner or not; and in the late case arising IN
this city. am informed that such fees and expenses
were paid by the claimant to the amount oil sew
raj hundred dollars Il is true that. in ihe case Of
threatened by force, after decision IN favor OF
the claimant the marshal may be required to remove the
slave out OF the State at the expense OF the government
This however cannot be done wilhoup proof OF threat
ened rescue II those who make this complaint against
the law would allow il TO be executed the ground OF the
complaint would not exist This provision evidently
assumes that would be unjust to compel the claimant
10 bear the expense OF overcoming mob assembled to
resist the execution OF The law after that law has dec-
d. IN his favor. AsaG
Such are some OF The many errors which have been in
dusrously circulated among the people concerning the
late fugitive slave law Many have no doubt honestly
sibe whose superior means Of information ought to pro
ec themselves well as others against such msrepre.
sentations .,ssus
tailed legal exposition oil the provisions o the law OF
1850 desire, however, TO quote passage IRON the
opinion Of Attorney General Cnliendep given TO Pres
deni Fillmore before he approved the bill Says he, in
that opinion; ~ aE
This bl therefore eonfys no right the OF the
ugIve slave. only gives him an appointed and peacea
And again he says: .sa
The act Of February H. 795 before alluded 10, far
as respects any constitutional question thai can arse on,
the fugitive saye tho like nia the Ike Judgment the
like certificate, With the like authority the by vir
Safe Territory fom which he ecaped; and the
tuonaliy of,hat m all those pat caars has been at
courts oil the Unitcd States without single dissent, far
as know tBaldwin's G G. Il ,S77, 579)
have thus far alluded 10 the fugitive slave law, not
for the purpose OF defending Il in epery sing provision,
but for sustaining OF the great compromise meas
designed for the paclfcation OF the country II
may in some respects be improved or modified, and
slave 10 no pledges which will prevent me from voting
and acting upon any question OF amendment or mosifca
ton, my conscience, my oath. and my best Judgment
NAV dictate. Few human laws made perfect ia the
first instance. desire 10 this law made as perfect
practicable, with view OF rendering exact justice 10
the slave and at the time standing by the consttu
iion Of my counry. II il were question oil mere
philar hrophy humanity towards the slave, would
20 as far any in his favor. But will not 90 one
step With any who desire 10 break down leap over
the barriers OF the constitution. know OF no advan
iage which can put in competition with that sacred in.
strument, the bassthe SOLE BAsIsor THE AMERICAN
| UHIoN ~
The absolute repeal OF the law therefore, presents
very different question and that leads submit few
remarks upon the present state OF affairs Elections OF
very exciting character have just been held in several OF
the northern States aud have been advised that in
many inslances-and | know 1t 10 be true in some
members OF Congress have been elected upon solemn
and written pledges 10 absolute repeal OF the law in
question, without ameniment or modification In some
instances all other questions have been overlooked, and
rspedf has formed the single and only issue. II Is this
fact which gives Just for fresh apprehension
TO the friends o the Union, both North and South. Re-
peal, repe REPEAL, is now the watchwod Of new agi-
tation
They are, whether peace and fraternity shall regA be-
the States of this conederacy, or agitation triumph
with all its present evils and future dangers whether
we will stand By the compromise oil Congress,
or undo all that done alter nine months OF incessant
and n,ense agation fact, whether will stand BY the
Union and the constitution Every candid observer must
ace that di,non Ihavc had some advantages for
knowing The exact state Of public sentiment amongst our
southern brethren and Is my convciion, that
absolute repeal Of the law would inevitably lead 10 dis
union and dsunon must lead 10 the horrors Of civil
war such has before been witnessed, and the
end OF which man can forcsee
Whoever thereore.i for repeal is for disunon, though
he may not design IT, Whoever Is for rep al must re-
solve To disregard the positive requirement Of The const
tuition. that fugitive slaves SHALL be delivered up" In
the language OF Mr. Webster -" put IL TO all the sober
and sound minds the North, as question OF morals
and question OF conscience. What tight have they, IN
all their legislative capacity or any other, TO endeavor TO
get round this constitution TO embarsss the Tree exercise
OF the rights secured by the constitution to the person
whose slaves escaped from them None AT a-none al
all Neither IN the forum OF conscience nor before The
face of the constitution are they justified, IN my opinion
For myself, therefore, entertaining such views, can
not Join In The agitation cry OF repeal Upon this ques
ton, say ii boldly, am peace man, an an'iagation
man. compromise man, UsIos man, stand before
YOU as SUCH and wish 10 address you SUCH by what
ever party name you have hitherto been designated Az
other party questions, in my opinion, sink into insgnh
canoe compared with those raised by any issue that M
wolves ultimately the peace OF the country and the dis
solution OF this Union.
But absolute repeal OF one OF the adjustment
il demanded put this question 10 the North, rs ques
ton OF Justice, OF right and wrong IL II Just Tor the
North now hold 10 all she gained BY the Compo-
MISE and take back what she or rather what the con-
stitution gave 10 the South Has not the North great
reason for being satisfied with the compromise measures
We gained the admission of the free State OF California
without any division OF her territory We gained terri
torial governments over Utah and New Mexico without
acquisition of slavery We gained the abolition OF the
slave traffic in the District of Columbia And as com
pensa,on for all this, what did we dot We agreed q
abide by The constitution, and passed law 10 carry ou
lis re0urements respect TO the surrender OF fugitive