The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-08

snce in reference 10 an institution which has existed
more than hundred years. and which has ken deep
root amongst them Sir, il will not They HAYES duty
10 perform as they conceive, in reference their honor
~ well TO their interests And they reason thus
Our slave property unsafe and rendered BY the abo
ltion movements OF the non-slsveholdng States our
condition IN respect 10 our slaves could not be mucn
than il il If the Union were dissolved and IN
many other respects il would be greatly improved there.
lore We yield 10 the impulses OF an honorable
u.s. but with our slaves; those who have no esteem ior
u.s. but whose compassion for the negro . iesny 70 ca
case the most horrible tragedies when tne ,nd Gan com
thua are In surprising that dissolution OF the
Union is remedy for any evil, or that i IS required to
ndcate Their honor govs,amso woald BE- Productive OF
Greater avis 10 this country and 10 the whole world than
any other event could accomplish; But must stop.
undertake to point Out and trace rs stupendous
INV object in presenting these considerations 10 the
Senate has been to show that the fugitive slave bill as
sailed by the gentleman from Connecticut, Mr. BALD
WIN ought to be passed Nothing short OF its passage,
a. many Of the northern States have nu6ed the egsa
ton Of Congress- and paid no respect 70 the decision OF
the Supreme Court can give repose 10 the country Un-
less we likewise intend TO make the provisions OF the
constitution dead letter, il Is essentially incumbent upon
Congress now TO act and legisaie upon the subject lido
not apprehend the dangers the free blacks of the
slaveholdng Sates anticipated by the senator from Con-
necticut and those with whom he associates As have
before suggested, am willing that an affidavit should be
required, or that evidence should be produced to the
county court, or any suitable tribunal in the neighbor
hood from which the fugitive escaped and record of the
loss Of the slave and description q his person there
the warrant for his apprehension is demanded am Will
ling do anything that viii give satisfaction to gentle,
men from the Morrill, and fully their free colored
population and am willing take anything that is
sonable; but whilst am LIBERAL in the name Of the
stuton demand an efficient law, one that shall place
where the act Of 1898 enabled to stand before abo
lon nnllifed it. Let that be done, and this Congress
will have done much to harmonic the different sections
Of the Union Il is all we do The Judiciary must
k.,f of laxsu ofsxra
and judicial departments every interest will be protected,
the constitution will triumph and the whole country be-
come tranquil and happy. Il
now take my seat and when the bills founded on the
resolutions offered by my colleague shall under
consideration, may perhaps propose to discuss one OF
MI. CORWIN and Mr. FOoTE rose together
4 MI. CORWIN. Will the senator from Mississippi
planning point in the laws Of Ohio referred to BY the
senator from Kentucky!
Mr. FOOTE yielded the floor.
Mr. CORWIN. MIR. President the senator from Ken
lucky has been pleased TO animadvet with severity
upon the legislation of Ohio touching fugitive slaves
am satisfied, if my friend from Kentucky would review
carefully what has been done this subject by the le
gisatue Of Ohio, he would find to retract por
on Of his remarks and certainly 10 abate much OF that
asperty Of feeling which bis mistaken views have in
spfed. only desire to occupy the Senate moment,
while correct what deem mistake to the unconsti
ttona character OF the law said by the senator from
Kentucky TO have been revived BY the statute OF ls4a
know by the Ohio legislature at the instance of commits
sones (Mesers Morehead and Smith, appointed by the
authorities Of Kentucky The law of 1892 passed at the
instance Of the Kentucky commissioners provided against
kidnapping, amongst other things.
Sir. il the provisions OF the act, which revived by
the law Ct ls4S Were Just such as the gentleman has
ination whether they were or were not constitutional
The law of 1s43 was, at that time the only law in Ohio
providing against kidnapping. When that law was re-
peaed it necessary to the old similar
law against the very offence of kidnapping To
this end law which had been long in force, and which
ass 81
simply act making penal TO take by force out OF the
State any freeman, black white Such laws, imagine,
laws very similar, may be found the statute books
Of many Il not all the States Now, Mr. President, il
the revived does, the gentleman supposes contain
provision forbidding the seizure OF any coored per-
son, under any pretence, ritho cdrran first obtained
and was therefore unconstitutional and an nfacon OF
the rights of Shareholders then the celebrated of
1882 passed at the instance OF Kentucky (by her commits
soners, Smith and Morehead,) also unconstitutional;
for am very contained provision making peni.
Tertiary offence Tor any person TO seize colored
until be should FIRST obtain process for that purpose from
Sir. we hear loud complaints Of the revived Ohio law
such as that II disturbed the fraernai relations OF Ohio
and Kentucky II was Just what Kentucky herself had
asked and agreed TO in the celebrated act OF $780, BY
that law, il q Kentuckan laid his hand black man
in Ohio to arrest him a slave, without first filing af-
davt and obtaining warrant he must 60 70 the Ohio
between the States these the happy, peaceful
faternal relations OF the States settled by them
selves Sir, seems TO il the present law OF Ohio
against kidnapping be unconstitutional she has no right
to complain since she herself asked for and agreed TO the
same provision in the act Of 1899
Mr. President, this is matter OF small significance, il
s ue but is well to settle the matter of history Alright
before il finds IFS way into Greeeys almanac that pos
terity may not be deceived. | will only add, sir, that
whatever the letter OF our laws may have been, have
never known heard OF in Ohio where any per-
son punished for arresng slave under any
stances where the person charged could prove that he
really the owner agent Of the owrer OF such slave
Mr.. UNDERWOOD. did not by any means intend
to cast mputatons the honor OF the State Of Ohio for
reviving her act Of 1881. know that great many
unconstitutional laws The legislature Of my own State
has passed laws OF this Sort and judicial tribunals
have pronounced them unconstitutional did not intend
10 insnuae that the legislature OF Ohio had dshonored
itself, been acuated by any impure motives On the
contrary, suppose they acted from the best motives but
had erred, an legislatures may do and many of them
often do not excepting the Congress OF the United
States My reason convinces OF their error, and
am fortified in my opinion by the decision OF the courts.
Judge Baldwin in his circuit court decisions has think,
laid down the law correctly Yet he may be mistaken
He says:
The citizen OF another State from which slave absconds
into the State OF Pennsylvania may pursue and
without warrant and mach necessary
carry him back TO his residence.
And again:
The constitution OF the United States not confsr
but IL the right reclaim fugitive slaves against
State legislation.
And again:
The right Of the results from his ownership and
the right the custody and service OF the slave by tho
mon law, DO.