The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14
the BILL RELATING TO FUGiTiyES FROM
SERVICE OR LABOR.

ture or surrender And this non-action is all that
is required by the clause Of the Constitution re-
specting fugitves, as interpreted by the Supreme
Court. The provision imposes no active duty
upon the Ststes-it simply forbids or nullifes
| any legislation by the States which would at
tempt to discharge fugitive from the service or
labor he owes under the laws Of another State
| No such legislation exists-consequently no
State, as such, can be justly charged with viola
ton of this constitutional provision.
But it is urged that the free States, although
forbidden to impede, not forbidden to aid, the
reclamation of fugitives. Whatever the Supreme
Court might have intended, their decision went
the whole length of denying to the States power
to legslate upon the subject at ALL and of assert
ing for Congress en- - ncwer over il. 1t =.
therefore, no just ground of complaint against
the States, that they decline any action in regard
to this provision of the Constitution.
Congress has legislated to carry it into effect.
Its legislation has been sanctioned by the votes of
members from the free States. The act, prescri-
bling the mode of arresting fugitives, defining the
tribunals before which they must be brought, and
determining the penalties for harboring them,
aiding them to escape, or hindering their recap
ture, has been in existence for more than half a
century. Nor is it q dead letter Within
few years past, numerous fugitives have been ar
rested, and delivered up to claimants by the tri-
bunals provided by it, and within year, YER
diets have been found by juries, in United States
Courts, against some three citizens of as many
free States for violating the law, and heavy pen
allies have been inflicted.
To bring up the subject then at this hour,
while the two sections of the country are arrayed
against each other on the Territorial Question !;
to denounce the North for not doing what it is
not bound to do; to feign grievances that have
no existence to demand legislation that is un-
necessary, and will not be granted by at least
one House in Congress, shows determination
only TO multiply the obstacles in the way of a
peaceful settlement Of the great Question to
goad the North by arrogant demands, and infame
the South by representing resistance to such de-
mands as an evidence of settled hostility to its
rights The authors of such measures while
protesting peace, mediate war. They would add
fuel to the fire already kindled Mourning over
the dscord in our National Councils, deploring
the growing irritation in the public mind, pre-
tending to seek the perpetuity Of the Union,
their constant aim is to bring into action con-
icting interests, to develop latent antagonists,
to provoke gratuitous quarrels, to give promi-
nence to every question of difference between
North and South
In this spirit, We believe the present move
ment in relation to fugitives from service and
labor has originated.
After ALL what is the intolerable grievance
which wea called upon to redress II is estima-
ted, says Mr. Butler that the loss sustained by
the South, every year, fros the escape Of slaves,
is not less than 81 900 On what this estimate
is grounded, we know not. The data are not Civ
en-nor do these ultra slavery m ever present
the data on which they calculate their supposed
grievances
But let us admit the correctness of the est.
mate The whole South loses, in escaping slaves,
$3.50, O0O-which, apportioned among the fifteen
slave States, is $40 900 for each This is pre-
cous reason for dissolving the Union, and plung-
Ing INTO the uu'Ilcu VI CIVIL wal! F.Stl-
mating the fugitives at 500 piece, there are on
the foregoing estimate, three hundred and seven.
ty-fve slaves escaping from the South annually
or twenty-five from each State. SO, the Union,
with all its rich and sacred associations with all
the good with which it is frieghted, is to be de-
stroyed and these States to be arrayed against
each other in deadly conflict, because the slave
States lose yearly some twenty-five slaves each
Look again Are all these slaves enticed away
by the free States Nobody pretends this. How
many of the citizens of those States have anything
to do with such escapes? Few know anything
about them. How many Of these fugitives are
prompted alone by their own instincts, and de-
pend for success alone upon their own efforts ?
Doubtless the majority of them. But, for the acts
of the citizen, unknown and not sanctioned by the
State, the State is held responsible; for the acts
of few philanthropic citizens, the great majority
Of the citizens who know nothing about them are
held responsible; and for the escape of all the
slaves not only the Abolitionists, but all the citi
gems of the free States, and not only these, but
the States themselves are held responsible, when
in fact the great majority of fugtives make good
their escape without any other Indictment than
their own instincts, OF any other aid than their
own intelligence.
Now, how can laws be passed stringent enough
to remedy eHectually this alleged grievance
Multiply your penalties, and you cannot diminish
the number of slaves escaping by their own eff
forts-for no penalties can equal that which they
have always risked--s return TO remedies bond
age Nor can you succeed better with those wht
in free States are accustomed to aid rather thar
hinder the fugitive For, in the slave States and
in majority of the free, the testimony OF colored
persons, against white, is rejected.
Law has already done its best. IL has denied
the fugitive the benefits of the habeaS corpus and
jury trial 1t has provided for his arrest by The
most summary process, and for his delivery with
the least possible delay. II has made the harbor
ing, or aiding fugitive, or interference between
him and his lawful claimant, criminal, besides Sc
curing to the owner right to prosecute for dam
ages And this law Is in active operation.
In consideration of all these facts, we repeat
that the introduction of the subject at this time
with the accompanying denunciations OF bac
faith of the North, and additional demands fol
more effectual legislation, more vindictive penal
ties, is calculated II not directly designed to az
gravste the excitement, and interpose new obsta
Giles in the way Of the peaceful settlement Of thu
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