The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-04-04


the re-enactment of the laws OF Godl Yet the sen
ator declares he would re-enact the laws oil Goo.
We'll, sir would. And when he tells me that the
law Of God is against slavery, 1t Is most po,ep.
argument to my mind why we should incorporate II
with any Territorial BILL and against leaving Il out
Well sir will draw these remarks which am
making TO a close. will pass 10 another subject,
the bill for the surrender of fugitive slaves. That is
a sine qua non. We must have bill 10 carry out
those provisions. Great fault has been found with
the remark of the honorable Senator from New
York tMr. SEWARD, that the obligations which we
owe TO the Creator of all the earth greater than
those we owe 10 the Constitution. do not stand
up TO take care of or defend the remarks of the Sen
ator from New York, because he can do it better
than can do il.
But, however strong the Senator from New York
may have made his position, however he may have
said that the Constitution should be set aside when
the laws of God con,ravene he fell very far short OF
the position assumed by high authority laid down
on this subject about the the year 1885.
/ will now read an extract from letter written by
Amos Kendall, then Postmaster General, 10 the
postmaster of Charleston in reference TO the open
ing Of packages in the mail. He says:
"Ths Postmaster General has legal authority to ex
cude newspapers from the mall prohibit their carriage
delivery but not prepared to direct you to forward
or deliver the papers OF which you speak By act
direction of mine official private, could be induced TO
m arser or ndreey We Obligation 10 the
laws bnf higher one 10 the communities IN Uhieh zee tre
and the former be perverted TO destroy the latter is pa
triotism to disregard them"
Now, sir, where is the fanatcisn of the Senator
| from New York; Why, it does not come up 10 the
A b G of this fanaticsm and this was doctrine
promulgated by the Administration, by its official
| organ in lS35-that we owed obedience 10 the laws
under which we lived but that we owed higher
obligation to any mob in the Union who chose to
disregard them. Now, do not stand here TO defend
or explain anything the Senator from New York
may have said but let IL be fanatica as II may
| be, it is milk and water In comparison with what
hu fpa Sfpr
General his subordinates in 1895, that the oblsga
! tons of the Constitution might be set at naught by
an officer of the Government when he supposed that
the interests of the community in which ne lived re-
| qured il. What is the doctrine here maintained? l
| want to know. Is the Senate ready to answer that
| question which was propounded more than 1890
years ago by the apostle, when he asked, whether
it be right in the sight of God, to hearken unto you
| more than unto God, Judge ye." Has il been SET
tied, then that this doctrine implied by the inter-
rogatory proposed by the apostle, viz: the unquaI-
| fed supremacy of Gods law, is 10 be set at naught
to be derided to be treated contemporary, TO be
trodden under foot by every man Is a sense of re-
| lisious obligation TO be scorned as unworthy of
| place in this republican assembly? | do not know
how far such doctrines may go, but will say that
while am disposed to yield all obedience to the con-
stitutional laws under which we live, | will stop
great deal short OF the mark laid down by the hon
| orable Senator from North Carolina yesterday. He
says-"M )D5gYRnnt is obtained by fraud or violence
it is the duty Of the citizen, not to arrest that udg
| ment, but to see ii carried out.
have stated on another occasion what are my
objections TO the bill before the Senate. They are
that while recognises slavery recognises nothing
else but slavery. This bill is not framed with refer
ence negroes 1t is framed with reference 10 any
| body and everybody, and proceeds on the assump
ton that the man who is seized in free State is of
| course slave. Now, the presumption of the law
| in the State where live where no slavery is recog
missed by law, is, that every man there is freeman,
both in the technical and political sense of the word
Ruf he amendment n
with its af6davts taken thousand miles oil, behind
his back supposes that the man seized is slave;
and its passes and entirely forgets provs-
ion of the Constitution, whchs, that no person shall
be seized without due process of law. But gentle
men argue If the person seized must OF necessity
be slave and the bill supposes and recognises him
as a slave. Then told it will be impossible 10
carry out the provisions of the Constitution unless
some bill of this sort is passed. Let us suppose an
individual living in New Hampshire from his birth
is seized as a slave the thing has occurred of the
seizure of an individual not many years ago. who
drew every breath he ever drew in New Hampshire.
1t was a rare occurrence, and remember it was
that when the prosecuting authorities undertook
proceed against those who had seized this ndivid
uaI, statute against kidnapping could be found,
and they were indicted at common law; since that
time, a statute has been enacted Now, suppose
individual OF that character is seized there-an indi
vdual who has been born, nurtured and brought up
there owing allegiance and being entitled to protec
lion there. You come upon him with an affidavit
taken a thousand miles off, and you seize him.
Where is that mans right Where is the trial by
Jury! Where is the habeas corpus? Where is the
protection which the Constitution guarantees to the
meanest citizen living under the law2 Why, sir it
is trampled in the dust by this bill he is carried be-
fore tribunal by one Of the officers of the Govern
~ Iudgs Or me unItoS Sriirs Uoufr wIrnin inc
district; without any of the privileges belonging 10
freeman he is seized and hurried off and, although
it may appear upon the face of II prima tacia
examination IL is TO all ntents and purposes final
and conclusive judgment, because the officer gives
to the claimant certificate, and he hurries him Oft
and when he gets TO the great slave mart of Chris
tendom the city of Washington, he may sell him or
send him wherever he pleases. Now am free to
say once for all, much as love The Union much as
reverence its institutions, fond as my memories
which cling around its early histories, would sac
rifce them all to-day before would consent that the
citizens of my native State should at one blow be
stripped of every right that is dear TO them, and for
which their fathers bled and died.
Now, sir if that is TO be price of the prescrya-
! ton of the Union, say, &C disunion, and come
today" If you can only pun base peace with us by
compelling us 10 surrender c,erything which exalts
us above your slaves let disunion come; think the
people of the free States will be ready for it. | am
utterly astonshed TO hear proposition of this sort
made in the American Senate The bill proceeds
entirely the assumption that there are no rights in
the Constitution, except the rights of slavery, and
| there is not single word or letter in the proposition
have read, and have read il very carefully, that is
| lation the rights OF man or child that may be
wrongtuly seized. Why not frame bill that Sc
cures the rights both OF the stakeholder and freemanl
Why Is there not some penalty imposed upon those
persons who, upon some preence or color OF right,
undertake, unlawiully TO seize an indivduall Does
not the same obligation rest upon us TO deliver up all
your property even horse, If ii should escape
Are not the free States under every obligation which
| an honest man would be under ? Are they not
bound as honest men, to deliver up that property 2
Every citizen has right TO sue in the courts of
his own State for the recovery of his property and
the Constitution of the United States provides that
" the citizens of each State shall be entitled all
privileges and immunities Of citizens In the several
States" There are courts, end law of civilized
| society," law which compels us to deliver up all
the property of any citizen whictwsnay be found in
our State. In New Hampshire, you cannot come
| and take a horse without trial by jury, any
other property amounting in value to Sl3 80 if any
individual contests it. But you come and take, not
the horse, but the rider; not the accident, but the
man not COW, but child Then the safeguards
which the Constitution throws around property are
stronger than for the man. and there is no help for
| him. But let me not be misunderstood nor let il
be said that was ready to dissolve the Union.
said no such thing and the ingenuity of no man is
competent TO torture what said into such mean
| ing. | said sooner than surrender those rights for
| which the BATTLES of the Revolution fought, |
would let the Union go for the Union was formed
to secure the blessings of liberty our fathers have
said; but when il is used TO secure the curses OF
slavery, then, / say, it should go down. ! cannot
suppose bill of this character possibly pass
unless it is made ehecual prevent abuses OF this
| sort.
! We accused OF having osAer purposes in this
NATTER and intending TO irrita,e wound, and insult
the feelings of Southern gentlemen but ask you
if we have ever said anything this subject that
begins to come up to the declarations which have
been taught by the founders Of the Republic in the
slave States. j will not read them, but if | should
be so foolish to write out this speech, may tran
scribe some of these declarations made by the hon.
orable William Pinkncy of Maryland, on this SUBJ
ject. Sir. everything which the Aboitonists now
say is tame, insipid, and heariiess, compared with
the denunciations made by him in the Legislature Of
MARYLAND in 1850