The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-11-06


and that this new law oniy imposes additional duties
upon them, and authorizes the ncreae OF the number
Why has not this grave constitutional question been dis
covered before and the people informed how their rights
have been outraged in violation OF the supreme law OF
the land Truly the passage OF the fugitive bill has
thrown food OF light upon constitutional principles
"a gentleman rose and said that he would like TO ask
another question, which was this II the new law
SO similar to the old one. what was the necessity Of
passing any ut ALL since the old one was still in iorce
Mr. Douglas, in reply, said that Is the very question
was anxious some one should propound because was
DESTROYS OF an opportunity OF answering IT. The Old
law answered all the purposes for which was enacted
tolerably we'll until the decision by the Supreme Court OF
the United States in the OF Pggs Us the STATE OF
Pennsylvania, eight or nine years ago That decision
rendered the law comparatively inoPeratiye Tor Inc rea
it, II will be recoected that the act OF 1893 imposed the
duty OF carrying il into effect upon the magistrates and
other officers under the State governments There o-
GERS performed their duties under that law with hdey
for about fifty years, until the Supreme Court in the
case alluded to. decided that they were under no legal
obligation to do SO. and that Congress- had no constu
tiona power to impose the duty upon them. From that
tme many Of the officers refused to act and soon after
wards the Legislature Of Massachusetts, and many other
aw I'M ay ns
cient IN its provisions and similar in most respects and
especially in those objected to-almos identical with
Of officers TO carry into effect The circuit and dis
tric judges OF the United States were the only officers
left who were empowered to execute II. In this
State, for instance, Judge Drummond was the only
officer authorized to try fugitive case, and resided
in The extreme northwest corner OF the State. with.
in six miles Of Wisconsin and three Of Iowa. and
least likely to 60. II a fugitive was arrested at
Shawneetown or Alton, three or four hundred miles
from the residence OF the judge, the master would
lucky or Missouri, without first establishing his right to
do so. This was calculated to excite uneasiness and
doubts in the minds Of our citizens TO the proprey Of
permitting the negro TO be carried out OF the State with.
out the fact OF his owing service and having escaped
being first Proved lest might turn out that the negro
was free man and me claimant kidnaPper And yet,
authorized to seize his slave wherever he found
him, and to carry him back, without process, trial.
proof Of any kind whatsoever Hence il was necessary
10 pass new law in order to carry into effect in peace
able and orderly the provisions of the law and
the constitution the one hand and TO protect the free
by unprncpled the other hand. The purpose OF
the new law is to accomplish these two ebects--to APP
point officers 10 carry the law into effect in the place Of
the magistrates relieved from that duty by the decision Of
the Supreme Court and to guard against harassng and
from carrying The negro out Of he State until he eslab
is great Improvement in this respect upon the old one,
and Is more favorable 10 justice and freedom and better
guarded against abuse
IA person present asked leave to PROFOUND another
question 10 Mr. Douglas. which this Ifthe new law
favorable freedom than the old one, why did
the southern Shareholders vote for it and desire lis pas
Mr. Douglas said he would answer that question with
great deal of pleasure. The southern members voted
for fer the reason that was better law than the old
onebetter for them, better for u.s. and better for the
free blacks places the execution OF the law in the
hands OF responsible officers OF the government instead
of leaving every man to take the law into his own hands
and il for himself II affords personal security
the claimant while arresting his servant and taking
him back, by providing him with the opportunity Of esab
fishing his legal rights. BY competent testimony before
tribunal daily authorized TO try the case, and thus aays
all approximations and suspicious the part of ci-
thai he is villain, attempting to steal free for
the purpose of selling him into slavery The Shareholder
baca tr, he Uhf nf tha free
black have, and much more interest to do
for he well knows il oqtrages are pepetrated under the
law. and freemen are seized and carried into slavery from
that moment the indignant outcry against il will be
strong here, and everywhere, that even fugitive from
labor could not be returned. lest he also might happen
be free The interest of the STAKEHOLDER, therefore,
qures law which shall protect the rights Of all free men,
black white, from any invasion or violation whatever
ask the question: therefore, whether this law 10 not bet
than the old onebeer for the North and the South
better for the peace and quiet Of the whole country Let
il be remembered that this law il but amendment
the old one and that the old still remains in force.
except SO far as il is modified by this. Every who
voted against this modification thereby voted 10 leave
the old law in force for not aware that any
Der of either house OF Congress had the hardhood
propose TO repeal the law and make provision for
carrying the constitution into effect But the cry OF re.
peal as to the law has already gone forth Well,
suppose il succeeds: what will those have gained who
joined in the shout Have not shown that all the ma
teral objection: they urge against the law apply with
equal force TO the old ones What do they gain there
FORE unless they propose to repeal the old law also. and
feet This must be the object OF all men who take that
position To this il must in the end, and that soon
The real objection is not to the law, TO the old
one but TO the constitution itself Those OF you who hold
these opinions do that the fugitive from labor
should be taken back. That is the real point OF your
objection You would no, care a iarthing about the
new law the old law or any other law, or what pro-
visions il contained, il there hole in Il big enough
for the fugitive slip through and escape Habeas
pses trials by jury, records from other States pains
and penates-the whole catalogue OF objectons-would
be all moonshne II the negro not required to go
back his master Tell frankly, is not this the true
character OF your objection
Here several gentlemen gave affirmative answer
Mir Douglas said he would answer that objection by
reading portion of the constitution OF the United States
He then read as follows;
"No person held service labor In State, under
the laws thereof, escaping Into another SHALL In
suence any regulation therein be discharged from
such service labor SHALL M DELivRRRD the
due"
This is the supreme law OF the land speaking 10 every
citizen ol the republic. The command il imperative
There ~ no avoiding escaping the Obligation so long
As We live gnder and claim the protection OF the cons
Triton. We must yield implicit obedience or we must
take The necessary steps to release ourselves from the
obligations TO obey There is other alternative We
must stand by the constitution of the Union with all its
compromises, must abolish il, and resolve each
State back into its original elements Il is therefore,
question OF Union or disunon. We cannot expect our
brethren Of other States 10 remain faithful TO the compact
10 execute faithfully and honestly the compact our fathers
have made for The Divine law has been appealed TO
authority for dsregarding most sacred duties TO
society. The city council have appealed to Il as an
excuse for nullifyng the fugitive law, and committee
imboded the principle in their resolutions at the
the constitution and laws The general proposition
that there ia a law paramount to all human enact.