The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25
THE UNION.

other Territories lett unprovided Tor Ibe exuncon
OF slavery itself expected al no very remote period
and the last thing that the trainers of the constitution or
the ordinance would have thought of would have been
provision looking to is perpsluy and indefinite exen-
sion The ordinance then, affords no evidence OF the ex
sence and countenance 10 the exercise OF any such
power ar is now Invoked
The senator from Kentucky also relies on the act OF
1893 coemporaneous exposition OF the constitution,
and authority in favor OF the existence OF the power
That provides for the surrender OF fugves escaped
into Territories and the exercise OF the power AT so early
a period, proves-so runs the arguments constitution
atty But be remembered that the same Congress,
By the act conferred Judicial power on State mags
trates and this the Supreme Court has decided could not
constlulonay be done This fact nulllfes the authority
Of this act cotemporaneous construction OF the con-
sttulion, The Congress which enacted II msook their
power 10 State magistrates; they might as easily mis-
take their power as To The territories.
The provisions relating TO ugitives from service were
in fact passed without much consideration. The occasion
of the act out oil demand by the governor OF Penn
sylyania upon the governor oil Virginia for certain fua
tives from Iuslce The demand not complied with,
and the governor of Pennsylvania applied to the Pres
dent. who laid the subject before Congress Congress
acted upon it, The primary object TO provide for the
extradion Of ugilves from justice. Southern gentle
coupling with this provision clauses providing
for the surrender of fugves from service, the demand
acceded TO- and the clauses inserted, probably
without much, if any, examination They have Seen de-
cded to be unconstitutional in fact and must be treated
as without weight as authority in the present argument
Mr. BUTLER. am not surprised. | may say MIR
President at anything in these days. But understand
the proposition OF the gentleman to involve this that
runaway slave may be reclaimed from State, but not
from Territory in other words that runaway slave
in better condition IN one OF the Territories belong
ing the people OF the different States than in OF
the States where slavery is entirely prohibited. That
sir, is the proposition. To illustrate it: If slave
to runaway to New Mexico TO morrow according TO the
notion which is entertained by sone he could not be
claimed by his master there in pursuit demand OF the
regular authorities but next year. when New Mexico is
erected into State, then il, seems that the master would
have right, under the constitution, to reclaim him
Well, think, sir that propostion reduced to It's mar
rover premises is this that the master has better right
TO claim property from State in which he has po,i
cal interest than he has to claim property in Territory
in which is admitted he has an interest. IN other
words, he cannot claim his own property on his own
land, when under the constitution he may CLAIM II upon
anothers land.
Now. sir, shall call for the yeas and nays upon this
question: order to how far this disposition to tor
ture the constitution to subserve certain notions has
tended. | call for II as a commentary upon notions
avowed here, to see how many entertain them think
il is most extravagant proposition, and must say is
Indicative OF disposition TO torture this instrument 80
as to make il engine of oppression and exclusion
Why, sir, our forefahers who framed this constitution
contempat that upon the Territories there was
any necessity for such law this, because it was sup
posed that the Territories open 10 the possession
and occupancy OF all II is strange that we should buy
Territories to make them the refuge for runaway negroes
until they become States and that the constitution must
apply afterwards II is strange that IN transition state
neither the provisions OF the constitution nor the legsla
ton of Congress can prevail When such an opinion pre-
vails believe il loyal. know that gentlemen
who have their opinions rather by the temper OF
thu community in which they live not apt 10 look at
the through the medium oil principle. The
gentleman from Ohio asks for principles only ask
for the principle OF honesty.
Mr. BALDWIN / differ, Mr. President, from the
views which have been expressed by the honorable
tor from Ohio upon this question. Whatever cons,iu
tonal obligation exists the part OF the United States
in relation to the recapure and delivery OF fugitive slaves
escaping from State TO another does equally exist
in my opinion, in regard 10 slave escaping into Terri
tory Of the United States The why the constitu
ton itself was silent upon this subject is not. in my
opinion that which has been assigned by the honorable
SEM
poses that the territory OF the United States would be
open TO the settlement Of shareholders with heir slaves,
the the territories OF slave States them
selves suppose, on The contrary, thai The
why there specific mention OF territories ~ the
constitution was, that provision had already been
made by the ordinance oil ls7 IN regard TO the only ter
rona possessions then in the contemplation of the
venion and the reason why the provision confined
by the express language of the constitution to States then
existing was because further territorial acquisition
then IN contemplation and provision being made by
the constitution Tor the incorporation OF new States from
those States would OF in free States, and
have no need OF provision for the security OF slaves
there holden and escaping into other States Therefore,
it not in The contemplation of the conven-
ton that there would be any additional slave States,
no specific provision was made In the constitution
in regard to slaves escaping from any but the then
existing States. IT, sir, believed that the provision
contained in the bill for the return OF fugitive slaves
escaping into The Territories was, in fact, the
a5shmcnt OF slavery in the Territories which have sub
sequeny been acquired by the government according TO
the view entertained by the from Ohio should
agree with him in the opinion he has expressed that the
bill ought 10 be amended according TO his suggestion.
But, sir do not regard in that light at all Does that
senator consider that the provision the constitution Tor
the delivery Of fugitive slaves escaping from slave States
into free States Is equivalent to the establishment by the
government OF the United States OF slavery nhose free
States Certainly that will not be claimed by him The
constitution simply recognises the existence oil a legal
status existing in the State from which the fugitive has
escaped by the laws of that State, which is not changed
by what II deems wrongful escape from the jufls.
diction where those laws exist As between the
master and the slave the obligatory force of the local
law which established their relations 10 each other
u regarded still continuing unaffected by that change
which II regards wrong the part OF the
fugitive committed in the State from which he fled,
in violation OF the laws there existing. The con ].
stutoD according to the construction which has been
put upon this provision by the Supreme Court confers
jurisdiction upon the judicial tribunals Of this government
throughout the whole extent OF tue United States for the
purpose OF enabling those judicial tribunals pc orm the
function OF redelyerlng fugitive to the master to whom
his services due, not for the purpose OF holding him
slavery in free Sate but simply of returning him to
master and servant exists between them Now sir, it
unnecessary Tor The purpose Of giving jurisdiction TO
the government OF the United States any of its unc
onares within ts Territories that any such power should
be specifically conferred. They would of course having
the supreme dominion the Territories, have the power
OF fulfilling this stipulation according to the spirit OF il,
without any specific constitutional provision TO confer
that power, since they have jurisdiction the Terro
for all munepa purposes, whatever regard, there
FORE this provision. tar the relation OF the
master and the fugitive by the OF the State from
which he escapes to be governed by the rules in the
escaped. and that such does not any
establish slavery the Territories than the express
provision OF the constitution establishes slavery in the
free Stale where the obligation rs imposed