The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-27
SPEECH OF MIR. BUTLER,
OF SOUTH cARoLINA

On the bill propide for the more ecetu0l execution O,
the Sd clause Of the cd section Of lie Al article Of he
constitution of the United States diuered in the Sen.
ate Of the United States, January "a, 1850.
Mr. BUTLER arose, and addressed the Senate as fol-
lows:
Mr.. PRESIDENT: 1t may seem like trespassing on tine
feelings which have been excited by the eloquent re-
marks which have just fallen from the honorable senator
from Kentucky, to introduce such bill as this Il is
passing from the feelings of harmony which Wash
ingons Farewell Address is well calculated to in
spire, to considerations growing out OF bill which ad-
dresses itself to sectional obligations Harmony and
union may be preserved by the performance OF mutual
duties The bill under consideration requires nothing
more than is enjoined by the constitution and which
contains the bond OF union and the security of harmony
and, in the name OF Washington, would invoke all
parties to observe, maintain, and defend it II was the
handiwork oil sages and patriots, and resulted from in
legent concessions, for the benefit of all Whether it
has operated under the influence which gave il exist.
ence and looked to an impartial equality not SUBJ
ject that calls Tor a remark at this time.
will now address myself to the task before me-
Mr. President this bill reported to the Senate more
than two years ago Repeatedly tried to have taken up.
haps beyond my conjecture and since the first time was
introduced, the mschiefs at which aimed have in
creased read this morning 10 of the newspapers the
OF slave property is distracted from Kentucky annu-
ally, by persons who inveige the slaves from the Dor
ders OF Kentucky suppose the same remark may
some portions OF the remark may have reference TO
Missouri and taking il all in ALL the mischief at which
this bill aims has increased 30 within the last two
years, that the people Of the slavehodng States have
suffered for the want Of provision on this subject
The loss may be estimated at $4,000 annually by
this species OF interference with our property-what
proper and illegal Il invasion Of recognised con.
sttutonal rights by those who ought to respect them
Mr.. President have said this much, and candor re-
quires me TO say further that have no very great conf
be contemplated by It, The federal legislature within
its constitutional competency, has too limited means to
carry out the article Of the constitution to which this bill
applies; and, SIR, know this much, that the cardinal
ces Of constitutions are not to be preserved by statutory
enacimens upon parchment They must live and be pre-
served in the willing minds and good faith Of those who
incurred the obligation TO maintain them. And do not
venture too much when say that when this article was
adopted il was not only understood then, but was the
practice for many years afterwards for the States to
operate in their duty OF delivering up fugitive slaves
Sir is perhaps necessary that should read that article
OF the constitution as intend to make comments
upon it intend to 60 into this matter with no feeling,
90 lar as know myself; ! snail discus: y as legal
good faith and the best recoectons Of the history Of this
country Sir, the article Of the constitution upon which
,h am b e @ %hen e De enforced S
service labor in State under the laws thereof es
Gaping into another shall in consequence of any law or
regulation therein, be discharged from such service or
labor, but shall be delivered up claim OF the party TO
whom such service or labor may be due" Now, sir
what isthe obvious import Of such terms Is il not that
when owner pursues a into non. savehold
ing State he has right to apply an officer for process
to apprehend him, when he Is unable TO do himself
Why, sir, speak somewhat from my recollection on
this subject Not twenty years ago citizen could 20
10 New York, and apprehend a runaway slave with
almost much in the city OF Charleston. Il
not difficult at that time Why sir, many persons
OF the South were in the habit OF going TO Philadelphia
and carrying their servants with them, and living
there and believe there never any interference
with the owners control, any obstacle in calling
upon the magistrate Of the county to deliver up the
slaves when they escaped Such had been the under.
standing, without any law upon the subject till about
1893, when, in consequence OF some difficulty between
Virginia and Pennsylvania, law was passed known as
the law OF 17e3-the provisions of which will not
now read because have submitted report containing
it'll the essential part Of IT, will take leave here
TO remark that have submitted report upon this sub
ec setting forth in detail the state and tendency OF the
law in the non slavehoding States and other reasons
which have called for this BILL shall now content my.
self with auding, in general terms, to these laws and
the decisions Of the courts connected with them. This
may save time, and advance the progress of this discus
sion That act contained provision that master or
owner had right to pursue and apprehend slave That
was the sct-no combining them exclusively to the fede
raj tribunals, but also giving them right to apply TO
State officers The constablss and all officers were re-
quired to cooperate IN giving that efficacy to the clause
OF the constitution which i was proposed to enforce BY
its terms Now sir, how long did that act standi That
act continued. without any question, for many years
and believe the first time assailed was by de-
cision in the courts OF New York The result of that de-
cis'on was TO hold that Congress had right 10 devove
upon the State ocersthe duty OF carrying out the provs
ions OF the federal constitution That was the first move
Inc next step was easily taken, and, believe, was
FIRST taken in the State Of Nav York. and laws were
paoged, positively fobiddne the naxen1oa and other