Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-02-28

uOt DiuulDg upon tnat court itscii, OF upon
any other tribunal l say it is utterly i'm
possible for that court, with the case before
them of the passage of law by State le-
gislature, affordlng aid and assistance to the
owner of the slave to get back his property
again; it is utterly impossible that that or
any other tribunal should pronounce the de-
clsIon that such aid and assistance rendered
by the authorities of the State under this
provision of the constitution of the United
States was unconstitutional and void. The
court has not said so and even if they had
said so, they would have transcribed their
authority, add gone beyond the case which
was before them.
The laws passed by States in order TO as
slst the general government, so far from
being laws repugnaut to the constitution,
are rather to be regarded as laws carrying
out. enforcing, and fulfilling the consiitu-
tional duties which are created by that in
strument. Why sir, as well might it be
commended that If Congress were to declare
war-and 10 Que will doubt that the power
to declare war is vested exclusively in Con-
gress, and that no Stale has right to 90 it
no one will contend that after the dec.a-
ration Of war, 1t would be unconstitutional
on the part of any State to lend its aid and
assistance for the vigorous and continual
prosecution of that war. And yet it would
be Just as unconstitutional to lend their aid
to ii successful and glorious termination of
that war III which we might be engaged, as
1t would be unconstitutional for them to as
sist IN the performance of high duty which
presents itself to all the States, and to all
the people in all the States. Then, Mr.
President, thnk that the whole class of
legislation, beginning IN the Northern States
and extending To some of the Western
States, by which distractions aud impede
ments have been thrown in the way of re-
covery of fugitive slaves, are unconstltution-
al, and have originated IN spirit which
trust will correct itself when these States
come to consider calmly upon the nature of
their duty. OF all the States in this Union,
unless II be the State of Virginia, the State
of which am citizen suffers most by the
escape of slaves to adjoining States. |
have bat little doubt that the loss of Ken
lucky, IN consequence of the escape of her
slaves, Is greater. iii proportion To the total
number OF slaves which are held in that
Commonwealth, than IL is in the State of
Virginia; and | know too well. and SO do
the honorable senator, from Ohlo know at
1t is al the utmost hazard and insecurity of
life Itself that u kentuckian can cross the
river aud 60 INTO the interior and take back
the fugitive slave 10 the State from which he
has fled. A recent example occurred IN the
city of Cincinnati. One of our most re-
spectacle Citizens having visIted-not Ohio
a, all-but having visited CovIngton, On the
opposite side of the river, 4 little slave of
his escaped over TO Cincinnati He pursu-
cd 1t, recovered it-iidylng found il in
house where lie was eealed-took IL out;
but 1t was rescued by the violence and force
of a negro mob from his possesslon-the po-
ice of the ely standing by, and either un-
wiling OF unable 10 afford assistance to him.
u ou this su lec,, | do think we have
just and serious cause OF complaint against
the free States. think that they fail m
fulfilling great obligation; and the future
Is precisely upon one OF those subjects
which, III It's nature, Is most irritating and
InilImrnatory TO those who live IN slave
States. Why, sir, think /, is mark of no
good brotherhood, of 10 kindness, Of no
courtesy, that man from slave State can
not now IN any degree of safety travel in
free State with his servant, although he has
no purpose OF stopping there any longer
than ii short time. Upon this subject the
legislatures of the free States have altered
for the worse IN the course OF the last TWEEN
u or thirty years. Most of those States
until during the period of the last twenty
or thirty years, had laws for the benefit of
"soIourners," as they were called, passing
through, or abiding for a time III, the free
States with their servants recolecI. sir.
case, that occurred during the war, of nv
friend, MIR. JervIs, from South Carolina
Instead of gong home during the vacation,
he went TO Philadelphia, taking his famil,
and his family servant with Linn. Some Of
the aboll:IonIsts OF that day sued out Il writ
OF habeaS corpus far the slave and the
question was brought before the Supreme
Court OF the State of Pennsylvania. 1t was
argued for days and 1t was necessary, dur
ing the progress of the argument, TO refer
to a great variety of statutes passed from
time TO Time by the State Of Pennsylvania
IN behalf OF sojourners, guaranying and
securing to them the possession of their
property during their temporary passage or
abode III tue Commonwealth. Finally, the /
Court gave their opinion Seriatim, each
Judge delivering his separate opinion, until |
it came 10 Judge Breckenridge, who was
the youngest Judge upon the bench, to de-
liver his During the delivery of their
opinions they had frequent occasion to refer
TO those acts passed for the beEeft of So
journers, and each of the judges who pre-
ceded Judge Breckenridge always pronoun-
ced the word sudjourner." When it
came to Judge Breckenridge to deliver his
opinion, he said: g agree in all my learn
ed brethren have pronounced upon this &C.
caslon, except their pronunciation of the
word 'sojourner.' They pronounced j;
sudjourner; and think it should be pro-
nounced sojourner.' Laughter. Now,
sir, all these laws in behalf OF sojourners in
the free States are swept away, believe, in
all the States except Rhode Island
MIR. Dayton. And in New Jersey.
Mr. Clay. And in New Jersey, l am
happy to hear. But in most of the free
States these laws have been abolished, show
ing progressive tendency to bad neigh
borhood, and unkind action upon the part