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

attempt TO carry Of the State, aid in such al
tempt any negro mulatto. before establishing his
her property IN such negro mulato before some udg
justice OF the peace agreeable the laws OF the United
States, IN the county where the arrest was made. Such
was the result within the short period OF four years,
the operation OF this hostile feeling in the North agans
the institution Of slavery The act Of 1881, thus revived
is, in my Judgment unconstitutional, far as 1t attempts
70 make the arrest OF slave by his master, and taking
him out OF the Sate penentary Offences because the
constitution udciay interpreted authorizes any slave
10 arrest his slave wherever he may find him and
remove him 10 the State whence he fled, irrespective o
State law; and here State law which makes the do
ing OF that act penitentary offence Now, sir, these
things, presented 70 the people OF tbe southern States
mus. produce gesg state Of excitement I I not natu
brethren thus egsatlng against their rights and their in
erests It has had maddening exciting effect. and its
tendency is TO sever the cords which bind us together
one people
Sir my hope through all this is in the wisdom Of Con-
gress and the judiciary have no faith whatever in the
dissolution Of the Union as remedy have no faith OF
confidence in the Nashville Convention as being capable
OF deysing ways and for Temedying these evils
have hope in the judiciary and the reason for that
hope is in its past conduct The of Prigg and the
State OF Pennsylvania shows just Interpretation Of the
constitution oi the United States And it affords me
pleasure to refer to the OF Judge Mclean That
distinguished us in every case that has come before
him has enforced the constitution and laws OF the
try, and given that Interpretation to them which has
abed Shareholders before the ures OF the country to OBJ
failed in doing and my friend beside Mr. CoRwINl
suggests that in Shareholders have succeeded
when they ought not have confidence in the judiciary
There lies the remedy under proper legislation by Con-
gress. Proper legislation must come as the result Of
continued appeals to the wisdom and moderation OF
northern men,
But sir the act Of 1893 has become dead letter under
the notification OF northern State legislation and that,
too in direct repngnance to the spirit of the constitution
e S e
authority which the act OF 1893 attempted to confer upon
State magistrates, says:
As the authority conferred upon State magistrates,
difference iuay
still the point in different States, whether State nagis
ra,es are bound 2 set under II none Sen by THIS
that authority, unless prohibited BY State legislation
Thus the decision declares that these State magistrates
might. they were disposed, exercise jurisdiction
under the law Of 1793 and grant the certificates by which
fugitive slaves TO be returned to their The
very object OF the constitution was TO accomplish that
purpose. And yeti sir, we see the tbery-oUsng North
provides for ncarceratng its magistrates in dun
geon for other offence than that of executing OF
Congress designed to carry out the provisions OF the
suon which these very magistrates are sworn TO sup
port When northern legislation deprives citizen, a
magistrate OF property and liberty for executing the
laws which the Supreme Court decide be may rghtfuy
execute, and which laws essential TO protect the in
erests OF the people OF the South what be expected
but indignation, retaliation, and efforts for selfprotec
tom such conduct due maests spirit on the part Of the
stituon OF slavery BY denuncatoy words but deter
mination TO destroy il bv their acts, although the const-
tuition should sink with it. Perhaps il Is in vain that
hope for return OF kind and fralerna feelings my
section after such hostile manifestations, proved by
the statute books OF northern legislatures; but will not
despair.
The act Of 1893 having been nullifed, appeal TO the
Congress Of the United States, and ask il the time has
arrived when the prayer in the resolutions OF my own
State which had the honor 10 present, ought not to be
granted Is not imperative duty to pass some law
by which there shall be appointed in each county OF
ry State some judge, officer or agent to perform those
duties which the act OF 1893 conded TO the State mags
tracy ought to exempt Indiana and several others OF
the -saveholding States from Indiana, in
the fraerna spirit which have already commended,
~ .rzFf
gitive slaves She has also made II highly penal to
give freepapers TO slaves without authority; TO
harbor or employ them without consent OF their own.
ers or to encourage assist slave TO desert not 70
with his owner; to any violence other
TO prevent lawfully recovering their fugitive
slaves" For any OF these offences the person convicted
is subject to fine not exceeding five hundred dollars.
and made liable to the party injured for DANA
ges This is the true spirit Of fraternal esteem, which
But how long il will be before .'change may come over
the spirit OF her dream ]" how long il may be until Ind
proves falhless TO the constitutions human fore
sight can tell trust il may never be- But u the speeches
we hear from some this hall the doctrines
daily promulgated in the northern prints and pamphlets
be successfully counteraced there the greatest
danger that sectional parties, and preudces, and nd
yidual snimosues will ultimately destroy the harmony
OF the operations oil this government ii they do not pro-
duce such discod and anarchy as TO make the dssou
ton OF the Union necessary consequence Why, sir,
what do we already wi'ness Il is proclaimed In many
OF the northern newspapers and pamphlets which come
TO us daily, that when we have passed fugtves slave
/
Indispensable when shall have required the officers
that may be appointed TO investigate and TO grant cert
Gates for the restoration OF fugitive slaves that the moral
sentiment OF the northern people will refuse obedience to
the law, IL il does not manifest itself in open resistance
/ Mr.. BU TIER. III the senator will allow me 10 make
remark in reference to Iowa. Her Legislation this
subject is similar, aud think legally OF the import
as Indiana is, perhaps just to Iowa that this much
should be said
| Mr.. UNDERWOOD. There are many States which do
go the extreme OF Massachusetts, 0ho and Penn
syvana but do not desire to take up time by reading
extracts from their legislation, all OF which have care
fully examined. New Jersey has her State system for
the delivery OF fugitive savesa system in which there
is manifest design TO do justice TO the savehoding
States-a system to which can take exception,
less il be that is subject 10 procrastnaion than is
necessary. Illinois has likewise avoided giving her
southern sisters offence by hostile aat slavery legislation
But sir, cannot enghen these already protracted re.
marks by critical review OF the legislation OF all
the States was calling the attention OF the SEN
ate TO that eftervescence OF northern feeling which
threatened to disregard, II resist any law for the
reclamation OF fugitive slaves Why, sir, | have
seen It, in substance, declared that you may GIL the
northern jais with free and free women but all your
penalties will not induce them to execute your laws
Sir, upon what principle is such an assumption based
Ii upon the ground that the laws we may pass for the
reclamation OF fugitive slaves violations OF the Divine
law and that citizen is bound to execute human law
when il comes in conflict with the law OF God In other
words s the opinion OF those who intend to disobey
any act OF Congress for the reclamation OF fugitive slaves
that the laws OF God paramount and superior to the
laws oil man, and every citizen is bound 10 resist the
laws OF man, when they conflict with his duties to his
Maker. Now, " such doctrine is TO prevail one OF the
enets in my creed and which induced me to oppose the
administration OF Gen Jackson, s at once subyered /
tflnpf NJ. -