The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-19


mined in accordance with prescribed forms, il /.
the duty Of the sheriff execute the sentence Of the
law; Equally, IN my opinion, Is it the duty of a
soldier to fight IN battle. without subecting to q
preliminary review the Judgment Of his Govern
ment III declaring war Otherwise, III every indi-
yidual in the community were to sit in Judgment
ON the acts Of his Government, and TO obey or dis
obey according to his notions of what the law ought
to be- we should be exposed TO anarchy at home and
undeiended against aggression from abroad
have chosen to speak very plainly upon this
| point II is not a time when public man can be
excused in paltering TO vitiated sentiment, though
| having its origin in a benevolent impulse. The
sworn defenders of the Constitution have active as
well as passive duties TO perform. That power,
greater or less, over popular opinion, with which
their trust invests them, cannot be more usefully
| employed than in checking the growth OF a belief
! that the laws of religion and morality enjoin the
| violation of the Constitution.
But in what has the North offended? Is il in the
administration of the law? Have Judges and Jurors
| been false TO the trusts imposed upon them? II
this SO, the charge would have been distinctly
made, and We should have had specifications.
Their absence, as well as positive evidence on the
other side, leads to the belief that there is no
ground for complaint in this respect. Certainly we
are not to blame if slaves sometimes run away,
nor it, having run away II is not easy TO get them
again This Is an Inconvenience inseparable from
that description of property Neither States to
be censured for the occasional acts of individuals
in enticing slaves from their masters. Such acts
are usually done in the slave, and not in the free
power of the latter.
But it is said that the northern States have passed
laws that have made the constitutional provision
referred TO nullity. How is this? will not
undertake to justify all the laws that may have
been passed upon this subject by legislatures of
the northern States. believe even, that in this
respect there is ground of complaint, though much
exaggerated. But have two remarks TO make
upon this point. The first is, that it is by no
means true that all, or nearly all, the northern
States have passed laws of the character chiefly
complained Of; which / understand to be those
laws prohibiting State officers from acting in
| cution of the act Of Congress. Particularly my
own State, though often unlustly accused, has no
| such Legislation upon her statute book. The sec
ond remark that have to make relates to the cir
| cumstances under which these laws were enacted.
They were passed in consequence, will not say
Of the decision, but OF an opinion expressed and
delivered as that of majority of the judges of the
Supreme Court of the United States, that the States
have power to legisate under the provision
relating to the extradition of fugitive slaves; and
that all laws passed by the States, suspending for
an instant, though for Judicial investigation, the
right of the master to the immediate possession Of
his slave, were null and void. Under such cir
cumstances several northern States, finding them
selves discharged from the obligation of acting in
aid Of the constitutional provision, and denied vir-
tualy the power to protect the liberties of their
citizens, chose to devolve exclusively upon Fed
eral officers the execution of the act of Congress-
| Without this, under the decision of the Supreme
Court, generally interpreted, and under the act
|
States (and there are several thousand of them in
| my own State alone) might, upon affidavit taken
either before him or any other justice, grant
| tiicate which would authorize any coored man to
be carried slave out of the State fhis residences
and any interference, by any Judge or court, by
habeas corpus or otherwise, might expose the per-
sons 80 interfering to penalty Of five hundred dol
lars. This is plain statement of the case, and
submit whether it does not excuse, If not Justify
the laws referred to-
But how can law of State Legislature make a
provision OF the Constitution of the United States
a nullityl If am not mistaken, the Constitution
of the United States contains provision that the
Constitution, and laws of Congress made in pursu-
ance thereof, shall be the supreme law of the land
''any thing in the constitution and laws Of any
State to the contrary Notwithstanding. Either,
then, these laws consistent with the Constitu-
ton, and if SO, aggression; else, if contrary
to it, it is they and not the Constitution that must
fall.
1t may happen to any State to pass an unconsti.
tutional law. This Government could not long
endure if there was no remedy for that evil. Our
courts are open to every sutton; we obstruct
access to them. II you dissatisfied with their
decisions, tribunal sits below that is the first ar
bitter. No northern State has refused obedience
to its mandates.
1t is not 50 with at least southern State.
South Carolina has passed law affecting free per-
sons in northern States, which we regard as uncon-
stitutional. She imprisons free black men Of the
North, who, in the exercise of lawful calling,
enter her ports. OF this we might not complain if
the Constitution has provided; but her courts are
closed by violence. Even if you will offer for this
the plea of necessity; by what reasons will you
justify before any forum the provision by which
you order to be sold a slave the who wants
money to pay the charges of an illegal imprison-
menf
1t is the first duty of State to protect the liberty
of the meanest who renders her allegiance. Ii
Massachusetts, and South Carolina were towards
each other as foreign States; if there treaty
between them containing stipulations similar to the
provision OF the Constitution Of the United States
securing 10 the citizens of each State all privi-
leges and immunities of citizens in the several
States;" If there were besides, provision fer the
arbitrament of differences and if, under such cir
cumstances, the conduct of South Carolina had
been precisely what 1t has been under the Consti-
tuition, il would have afforded Just, and, if per-
sisted in, sufficient cause of war.
We say little Of this. We are condemned by
many at home on account of our silence. only
refer 10 IL now IN answer TO charges of aggression.
Let me say, in conclusion, that the Supreme
Court Of the United States having decided that It
is the duty Of Congress TO pass the necessary laws
to carry into effect the constitutional provision rea
tive to the delivery Of fugitive slaves, acknow-
lege the obligation, and ready to discharge it
| according to my best judgment. If, in conse-
quence OF the legislation Of portion of the States,
or for any other reason, you have lost the remedy
you formerly possessed, we are bound TO give you
a new one. But in this connexion recognise also,
and mean TO discharge, another duty; and that is,
10 protect the rights Of the inhabitants Of whatever
color, OF my own State. No bill receive my
sanction which shall not guard by sufficient secu
rites the personal liberty Of free blacks. To do
this, and at the same time to give you what you
have right to, an efficient remedy, is not without
difficulty; but the difficulty Is not insuperable and
] shall, in good faith, endeavor TO overcome Il. ]
beg you also to remember, in demanding your
rights that ii would be bascness in us to abandon
the humbest who dwell under our laws; and say
to you, in frankness, that il appears to me ess
evil that master should sometimes lose his slave,
than that a man born free should be reduced to
slavery.