The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-15


federal alliance, in which the minority shall have
veto against the majority And this is to return to
the original articles of ofconfederation.
will not stop TO protest against the injustice
the inexpediency of an innovation which, if il was
practicable, would be so entirely subversive of the
principle of democratic institutions II is enough
to say that it is totally impracucabe. The free
States, northern and western, have acquiesced in
the long and nearly unbroken uscendency of the
slave States under the Constitution, because the
result happened under the Constitution But they
have honor and interests to pres1ve, and there is
nothing in the nature of mankindpr in the charac-
ter of that people to induce an Expectation that
they, loyal as they are, nsenkible to the duty
of defending them But the scheiae would still be
impracticable, even if this dfli9ulty were over
come What is proposed is a poiitieal equilibrium.
Every political equilibrium requffes a physical
equilibrium to rest upon, and isyalueless without
it. To constitute physical equilibrium between
the slave States and the free States requires first
equality Of territory, some near approximation.
And this is already lost But il requires much
more than this; il requires an equality or proxi-
mate equality in the number of slaves and freemen
And this must be perpetual
But the census Of lS40 gives a a'sRe basis of only
$500, 900, and free basis Of IA 45OO0O0. And the
population the slave basis increases in the ratio
of twenty five per cent. for ten years, while that
the free basis advances at the rate of thirty eight
per cent. The accelerating movement Of the free
population now complained of will occupy the new
Territories with pioneers, and every day increases
the difficulty Of forcing nsinuating slavery into
regions which freemien have preoccupied. And if
this possible the African slave trade is pro-
hbited, and the domestic increase is not sufficient
to supply the new slave States which expected
10 maintain the equilibrium The theory of new
political equilibrium claims that il once existed
and has been lost. When lost, and how? 1t began
to be lost in l7s7, when preliminary arrangements
were made to admit five free States in the
Northwest Territory, two years before the Consti-
tuition was finally adopted that is, it began to be
lost two years before it began to exist
Sir, the equilibrium, if restored, would be lost
more rapidly than it before. The progress of
the free population Is to be accelerated by increased
emigration from Europe and Asia while that Of the
slaves is to be checked and retarded by inevitable
partial emancipation. Nothing says Monies
quieu, "reduces man so low always to see free
men, and yet not be free Persons in that condi-
ton are natural enemies of the State, and their
numbers would be dangerous if increased too high.
Sir, the fugitive slave colonies and the emancipated
slave colonies in the free States, in Canada and in
Liberia, are the best guarantees South Carolina has
for the perpetuity OF slavery.
Nor would success attend any ofthe details of the
compromise. And, first, advert TO the proposed
alteration of the law concerning fugitives from
vice or labor. shall speak on this, as on all sub
jects, with due respect, but yet frankly and with
out reservation The Constitution contains only a
compact which rests for its execution the States
Not content with this, the slave States induced
legislation by Congress; and the Supreme Court of
the United States have virtually decided that the
whole subject is within the province of Congress
and exclusive Of State authority. Nay, they have
decided that slaves are TO be regarded not merely
as persons to be claimed, but property and chat
tells, to be seized without any legal authority or
claim whatever. The compact is thus subverted
by the procurement of the slave States With what
reason, then, they expect the States eI gratia
to reassume the obligations from which they caused
those States TO be discharged? say, then, to the
slave States, you are entitled to more stringent
laws, and such laws would be useless. The cause
Of the inecency of the present statute is not at all
the lcniency OF its provisions; 1t is law that de-
oh
not assumed by him, but imposed upon him by
laws enacted before he was born, OF the writ of
habeas corpus, and of any certain judicial process Of
examination of the claim set up by his pursucr,
and finally degrades him into a chattel which may
| be seized and carried away peaceably wherever
found, even although exercising the rights and re-
sponsblties of free citizen of the commonwealth
in which he resides and of the United States-a law
which denies to the citizen all the safeguards Of
personal liberty to render less frequent the escape
of the bondman. And since complaints are freely
made against the side, shall not hesitate TO de-
clare that there have been even greater faults on
the other side. Relying on the perversion OF the
Constitution, which makes slaves mere chattels, the
slave States have applied 10 them the principles oi
the criminal law, and have held that he who aided
the escape Of his fellow, man from bondage was
guilty OF a larceny in stealing him. speak OF
what know. Two instances came within my own
knowledge in which governors Of slave States
under the provision of the Constitution relating 10
fugitives from Justice demanded from the governor
OF free State the surrender of persons thieves
whose alleged offences consisted in constructive
larceny Of the rags that covered the persons of e
male slaves, whose attempt at escape they permit
| ted or assisted.
We deem the principle of the law for the recap
turc OF fugitves therefore Just unconstituional
| and immoral; and thus while patriotism withholds
its appreciation the conscienccs OF our people con-
denim IL.
You will say that these convictions OF ours arc dis
loyal Grant Il for the sake Of argument. They
nevertheless honest and the law Is 20 be exc
cuted among US, not among you; not by us, but by
the federal authority Has any government ever
succeeded in changing the moral convictions Of its
subjects by forcei But these convictions imply no
disloyalty. We reverence the Constitution, al
though we perceive this defect, just we acknow-
ledge the splendor and the power of the sun, al
though its surface is tarnshed with here and there
an Opaque spot.
Your constitution and laws convert hospitality 70
the refugee from the most degrading oppression on
earth into a crime but all mankind, except yon,
esteem that hospitality virtue The right Of OK :
tradition Of fugitive from justice Is not admitted
by the law OF nature and OF nations, but rests in
voluntary compacts, know Of only two compacts
found in diplomatic history which admitted EXTRA
DrTios or SLAVES. Here is one Of them II is
found in n treaty Of peace between Alexander Com
menus, Greek Emperor at Constantinope, and
oleg H., King Of Russia, in the year 902, and Is in
these words:
'1f a Russian slave take flight, or even If he is
carried away by any one under pretenco Of having
been bought, his master shall have the right and
power TO pursue him. and hunt for and capture
him wherever he shall be found; and any person
who shall opposc the master in the execution Of this
right shall DC deemed guilty of violating this treaty
and DC punished accordingly"
This was in tho year of grace 902, in what Is
called the ozark agcs, and the contracting powers
were dcspotisms And here is tho other: t
''No person held 10 service OF labor in one state,
under the laws thereof escaping into another,
shall, in consequence Of any law or regulation
therein be discharged from such service or labor,
but shall be delivered up claim OF the party 10
whom such service or labor is due"
This is from the Constitution of the United States
in 1857, and the parties the republican States
OF this Union. The law of nations disavows such
compacts; the law Of nature, written on the hearts
and copsciences Of freemen, repudiatcs them.
Armed power could not enforce them, because
there is no public conscience to sustain them. i
know that there are laws Of various sorts which
regulate the conduct of men, There are consttu
tons and statutes, codes mercantile and codes ciy
but when we are legislating for States, especially
when we are founding States, all these laws must
be brought 10 the standard OF the laws Of God,
and must be tried by that standard, and stand OF
fall by H. This principle was happily explained
by one OF the most distinguished political philoso-
pliers Of England in these emphatic words;
There is but one law for al-pamely, that law
which governs all law the law Of our Creator, the
law Of humanity. Justice, equity, the law OF nature