Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-31
DEBATE in THE SENATE:
RECAPrURE OF FUGITIVE SLAVES.
MoNpxF:, AuousT 2e, 1850.

Mr.. DtCkINSON. Mr. President, having consented MOI
TO vote this b to enable my colleague who opposed
it, tobs absent few days to recover his health deem
proper 20 state my opinions concerning 1t.
The ect of I7 providing for the restoration Of fugitive
savesender the constitution, would In my nave
answered the purposes for which it Designed i had
been fairly consued and faithfully executed And although
may obvats defects which experience has detected
and add to its force by prescribing penalties for resisting its
mandates, yeas the whole difficulty has restsd in neglect
to comply With plain provision Of the constitution, the
medy will be sooner found If sought in culvang sound
state of public feeling and constitutional obligation among the
people of the tee States by Executive recommendations and
State egislason, than in multiplying penal enacmens BY
Congress- The passage Of ab with suitable provisions will
do much good but its discussion here going out as will to
the people Of the States will do much more; for will turn
public attention back from the contemplation OF spurious
phanthropy, and spurious morality, to the allegiance
which all and all good citizens acknowledge to the con-
stituton and laws Of their country.
In entering into common compact the seveal States Of
the Union soemnly covenanted with each other to restore m
gves from justice and from service and these provisions are
too plainly written in the constitution to be mistaken or dis
regarded with impunity
The constitution article fourth second subdivision Of the
second section, relating fugves from justice follows
GA person charged State with treason felony other
crime who shall flee from justice and be found in another
State SHALL demand Of the Executive authority Of the State
from which he fed, be eEDered u to be removed to the
State having jurisdiction of the crime
The third subdivision Of the section, relating to fug
tives from service, is as follows:
sNo person held service labor in Sae under the
laws thereof escaping into another, SHALL OF
law regulation therein be discharged from such service
or labor but shall be Asiued up claim Of the party to
whom such service or labor may be due"
In both cases the fugitive is to be deli red up summa
, upon proper evidence and in neither case nor in one
more than the other he to be put upon trial In the State to
which he has fed, Congress do than to pro-
vide that he shall be "devered up" The theory Of the
compact s that the fugitive will be justly dealt with in the
jurisdiction to which he reurned 1t assented to in this
condng spirit and have yet to learn that the practice Is
otherwise And may distrust their Of justice on
he hand and therefore violate the constitution, they may
with far greater propey dsrus the other and thus
having the sanction Of hatnstrumen for Just and
sary provision Of the fundamental law system Of conflict
and violence will be substituted.
The grievance uponthe subject Of fugitive slaves will be
redresed whenever the the people the free States
aroused to the abuses which have been Pracced in their
name under the garb Of benevoence and superior sancy
aud the end that may be how the question has been
viewed by courts and Judges Of the highest character in the
free States, and what constitutional obligations, shall
append 70 these remarks brief extracts from the opinions OF
Chancellor Walworth and Justices Nelson, Mclean, and
Story upon the subject.
coored man, charged fugitive, Mr. Justice Nelson,
then justice of that oOn in speaking Of the clause of the
constitution requiring the restoration of fugitves said:
at peremptory and unqualified that he shall be delv-
cred upon the claim Of the party whom such service or
labor may be due.
right of the reclaim the fugitive in the State
Without this provision it would have been competent for
them to have wholly denied such claim to have qualified
at discretion.
.sA this power they have parted WITH and the
has only unqualified possession, but he has
the guaranty Of the constitution in respect to it."
In the same NATTER in the for the correction Of erro
Chancellor Walworth says
'dn&ependen however, OF any Legislation the subject
either by the individual States by Congress- the person
whose claimed is in fact fugitive from seryude
imperative that he shall Be deueed up his master upon
claim made and any State officer private citizen who owes
allegiance the United States and has taken the usual oath 70
moral guilt Of perjury do act to deprive the master OF MS
right Of reeapture when there real doubt that the per-
whose services claimed in tact the slave OF e
claimant"
In the Supreme Court Of the United States in the Of
Pgg Commonwealth Of Pennsylvania. Mr. Justice Story
says:
The clause Of the last importance the safety and
security OF the Southern States and could not have been sur
rendered by them without endangerng their whole property
in slaves The clause accordingly adopted into the
ution by the unanimous of the trainers OF it-a
proof at once of its intrinsic and practical necessity.
How them are we to interpret the language Of clause
Yords shaH y and completely esesuase the whole objects Of
II by mode of Interpretation, the right must become
shadowy and unsubstantia and without remedial
adequate to the end and by another mode will attain its
just end and its manifest purpose would upon
principles Of reasoning absolutely irresistible that the latter
ought TO prevail No OF justice be authorized
any clause Of the constitution defeat its obvious
ends when another construction, equally accordan with the
word. and sense thereof will enforce and protect them
The clause manfesy contemplaes the existence Of po
unqualified right the part OF the of the slave
which State la any q1laG regulate, eonto
or restrain The slave be discharged from service
or labor IN consequence of any State Ian regulation Now,
cersny without ndulgng in any nicely OF criticism upon
words may fairly and reasonably be said that State law
OF which interrupts limits delays, post
pones tne OF the to the immediate possession OF
tne ave ana the immediate command his service and labor
operates pro aanfo discharge of the slave therefom
In the same case Mr.. Justice Mclean says:
%Without adverng other conflicting views and interests
o the states in the General Convention the
Ject oil saver was then, as II now most delicate and
sorbng consideration In States was consider
ed an evil and strong opposition it. in all its orms was
felt and expressed In others viewed as cherished
guarded by law.
Opinions conflicting, and which deeply pervaded the
elements Of society," could be brought recenced action
only by exercise of exalted patriotism
Fortunately for the country this patriotism want
ing in the Convention and in the States The danger of dis
cord and ruin seen and @ and acknowledged this
led to the formation of the Conedeacy The constitution
s be said have embodied in all its the pecu-
liar views Of great section OF the Union but adopt
ed wise and hrreachng conviction that It was the best
which, under the could be devsed and that
its impeections would be lost sight Of not forgotten IN the
national prosperity and glory which II would secure
"The language Of the provision is general covers the
whole ground not In detail but In principle The States are
discharge fugitive slave the Of his master and
postve duty 10 esjoined them deliver him up, on
claim Of the party to whom his service may be due"
The bill then passed. and lie title amended the
motion Of Mr. MASON, 70 that Il stands - follows:
can oct 10 smsod and supplementary TO the oct entitled
An oct repsng fugtvss from justice and persons sscaP