The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-24
THE IMPORTANT SPEECH
OF THE
HON. He N RI CL AK
limited States Senate, on Tuesday, May -.

single proposition was before the Senate, and that
on an amendment TO particular section, as to the
prohibition against legislation by the territorial le-
sgisiatures, as to the subject of slavery anu al
though that was the solitary question before the
Senate, Senators have ranged out upon the wide
ocean of discussion, embracing in the course of
their argument the entire subject of the compro-
mise. feed constrained in vindcation of the act
of the committee, of which was an humble men,
Der, to meet some of the arguments of the honor
able Senator, and will begin with the last The
Senator from Louisiana, (Mr Soule), finds him.
self incompetent 10 concur in the scheme of COM
promise which has been proposed. VIII that Sc
major condescend 10 present project of his own
for the satisfaction and reconciliation of the people
of this country Will he tell us what he wants
Sir this finding of fault, and this discovering with
the aid OF magnifying glasses, of defects of little
snimalcula which move upon the surface of matter
that are not discernabe TO the naked eye, rs prac-
tice which can be attended with no practical bene-
TIT. IL is the duty of the Senator who has Just adj
dressed us, as well as the duty of all who assail
this compromise, TO give project or to tell us
how they can reconcile the conflicting interests Of
the different parts of this country, and harmonic
those distracted portions. | venture 10 say upon
every subject Of which the learned Senator has
treated he has done great injustice 10 the acts OF
the committee; and / do not mean 10 follow HIM
throughout, but will take rapid notice of his OBJ
lectons TO the various features OF tins report The
Senator began, If | am not mistaken, with an OBJ
lection TO that which relates 10 the recovery of u-
gitive slaves and he said with air of dissasfac
ton, if not of some derision, that the committee
had brought back that bill with certain embarrass-
ments, instead of Improvements. | beg him TO
collect, sir that the creates objections which have
been made TO the part relating TO fugitives, came
from States which are not suffering materially un
der the evil complained of. | stated the other day,
and will repeat II now, that my own State is the
most suffering State; and venture 10 state that
Louisiana is the least But yet the hon. Sena-
tor, when of the border States are perfectly sa-
tshed believe, with the provisions, sees in them
objections which are unsurmountable. And what
the embarrassments of which he complains!
Why, that the slave owner in pursuit of his fugitive
property is TO carry with him a record. That, |
contend, is an Advantage protection TO the slave
holder-a great advantage; for that record Will
command respect in the tree States, and give him
security which no affidavit before justice can
confer.
And with respect TO the other subject reported by
the committee-that of trial by jury. Where is
the practical inconvenience OF trial taking place
in State from which the fugitivs has fled And
IN point of practical effect, venture to say il will
not occur IN one instance in a thousand, because
wherever the fugitive is arrested, and claims before
the officer who is TO grant the certificate for his
turn, that he is freeman, IL will, almost in every
instance be found that this claim for fire. edom is a
mere pretext, and when he gets back 10 his own
State he will abandon that preteKt. Let il be re-
membered, too, that this is proposed 5 "A substitute,
a satisfaction to the North for that trial by Jury
for which they contend, and which | have insist
ed would amount 10 virtual surrender of the con-
sttutonal provisions.
Mr. President, find myself in a very peculiar and
most painful situation in respect to the defence of
this report. i find myself assailed by extremes
and low authority, but believing as / do, that
this measure, and this measure only, will pass,
If any does, during the present session, | shall
stand up in its support against all objections,
sprnging from whatever quarter they may. Ii
was but the other day that | found myself
preached at the North for utterng a calumny upon
their institution, by saying that trial by Jury
In the case OF fugitive slaves could not be relied
upon as a remedy for master who had lost a slave
As If had not commended and applauded the adj
minstration of Justice upon the subject of fugitive
far ~ .faI
State courts generally, | argued that If you re-
quire from kentucSan, who has lost his slave,
that he shall resort 10 trial by jury in Massachu-
sets, on the question OF the fugitives freedom,
will be requisite, in consequence of such an asser-
ton of his privilege, that you draw testimony from
hentucky-that you delay the trial from time 10
ume-that the power of granting new trial shall
be awarded-that an appeal and supervising pow
er Will be necessary upon the final trial. that
when you come TO sum up the al the close,
although the owner may recover his property, he
has spent, perhaps, twice the value Of his slave
That was the argument, and yet al the North, by
one Of those extremtes by which find this mea-
sure OF the committee assailed, i am accused of
casting unmerited opprobrium upon the trial by
jury. These amendments are objected TO as giving
embarrassment TO every Louisanian in the recove-
ny Of his properly. There are some men TO whom
the old adage would very well apply -
81 do not like you, Doctor Fell,
The reason why cannot tell;
But this one thing know full we'll
do not like you. Doctor fell.n
They are determined TO find objections TO a mea-
sure, II not practical, theoretical and such as they
hope VIII lead TO a subversion OF the measure.
Now, sir follow the Hon. Senator a little further.
The great sbjecton in the prohibiting the ter
ritonal legislature from passing any law in respect
TO slavery within the territories. Didthe Hon Sena-
tor know the history OF that clause Did he know
that II was moved IN the committee OF thirteen by
his own colleague Did he know that clause was
voted for by every Southern man In the committee,
with the exception of myself Of am so TO be de-
nominated, contrary TO what is the usual habit of
denominatng myself Every Southern man
ted for the clause which is the theme of the learned
Senator's long address, and did so against my opin-
ion, and against the epnioa Of the Northern Sena-
tors who were upon the committee, with one soil
tary exception. And, yet, the moment II presents
itself, although u comes under Southern auspi-
ces, il is objected TO. Again. ask the Hon. Sena-
tor from Louisiana (Mr. Soule) and all that concur
with him in the opinion and object 20 this measure,
tell us what you wants put IL down IN black and
white, and give usa ITQ,d and LET II be compared
with the yTo1ef of the committee and let Us know
the full extent Of the demand, and then shall be
able TO pass judgment upon u. DO not restrict
yourself TO the unstatesmanlike mode OF finding
objections-of finding faults without offering any
healing or sautary substitute for the measure which
you oppose.
The Hon. Senator finds great objection to the
clause Of prohibition lie tells US that there are
no police regulations there There is slavery
there, there is not II there is slavery. there
rs no want OF police regulations II there be slavery
there police regulations existing already. and
imagine they will be found sufficient, or, Il they
have not been found sufficient IN the past, they
will be found sufficient for that period Of time
which is TO elapsc from the present down 10 the
formation Of the States in the territory Get out
OF that di lemma II you | repeat. IL there is
slavery there are police regulations II no slavery,
no Police regulations wanted
The aim Of the committee in the introduction of
this clause, Il believe speak for every member OF
1.-THE honorable mover as well others.) was
simply this, 10 declare that the territorial legis-
lature should have power neither to admit nor ex-
clude slavery. That our purpose-that was
our sole purpose and II the amendment does no
accomplish that purpose, would IL not be more con
sistent with the spirit Of that untywith that de-
sire for settling these questions, which hope ami
mates the Senator from Louisiana, to have moved
an amendment for the purpose of accomplishing
the prohibition by the legislatures Of the terri
torres from admitting excluding slavery than TO
talk IN the formidable way he has done, as II my
resolutions were lurking under that clause, and AZ