The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-29

escsped from one State 10 another they should be o.
liyered up and for this and every soncessson hey -
equivalent alluded % By the senator. Who rs before me.
the senator from South Carolina, lMr bUrLkR,l the
Of an ordinary majority fos majority Of
.Ss II h: laws ,ss: sS ] %s As
equivalentsin concession 70 all the Stsiss. whsssver
their size may be, Of equality Of representation IN ,hs
body One q the creates, aIsu That stood N ,ss
mand upon the part OF the eastern Stzies of many OF
them at least. for equality Of representation the
Senate; and not only this equality conceded bst The
further security was given that snch equality should not
be destroyed BY any future amendment 10 the consliu-
on without the consent OF the State 10 be Affected By
These the equivalents that were given BY those
who were then comparatively In power-the slayehold-
ing Satesfor the guarantees now seeking to
force How stands the case nowl II 10 my fortune 10
come from State bordering north and west upon the
longer holding slaves and the other carved out Of the
Northwestern Territory. where slaves never intro
duced and II is matter known to every man and child
possible 10 recover fugitive slave now in either OF those
States as il would be to bring him up from the depths Of
the Look at the law that was passed in the year 49,
most, Il not in all the non savehoding Statesl They
have prohibited their officers under pain Of fine and i'm
prsonment from executing this law And il is in such
By those who content themselves with Pharsaica expires
scns, while they taunt with want Of loyalty to the
constitution The slaveholdng States in puIsui, Of their
slaves are not held are treated not only as aliens
but as enemies, end that feeling is fostered
the a. sss;on Of as
States felt towards each other really as sister States. as
they are generally called, having community Of inter-
est in the compact under which they are federated and
community Of purpose to enforce il. The State Of
Pennsy lvania--the State which believe stands in ad
vante of all others in determined spirit oil resistance to
this clause OF the constitutional late as Inc year 1850
hafOr itrfto Inno
the abolition OF slavery within that State, reserved
clause to protect the citizens Of those States n this right
q S,s,v i sS \ s ffs a that
the statute books Of that State Thiss the clause:
SEo. IA. That this act anything herein contained,
shall give any relief shelter any absconding
seconded shall abscond himself from bis her owner
mistress residing in any other State county
and aid to demand, claim, and take away his slave
servant he might have had in this had been
made Law Of $780, for aboiishng slavery in PeNasypana
Yes sir, such was the spirit of Pennsylvania in 1850.
at time when she under no obligations TO pass such
law, because was before the adoption Of the present
constitution. II was the spirit which then regulated
the intercourse OF the States, before they were federated
under the present constitution, before they had entered
into that wrong act the ordinances OF which now
vainly seek to enforce. Reclamation OF slave by
bis master was treated right and to aid him pre-
scrbed as duty.
Mr. President, in my reading Of these clauses Of the
constitution for extradition OF fugves OF both classes,
States the duty OF providing BY law both for their
capture and delivery Il devolves this duty upon
the Sates-a duty admit, as civilians term il, Of i'm
perfect obligation, but although of imperfect obligation in
The technically Of law, duty Of higher obligation in
fact than il il could be enforced by legal sanctiona duty
founded in honor, in loyalty. and in good faith between
upon the States to be performed under the obligations Of
honor and good obligations which the forum OF
honor alone can enforce.
Let look at the language Of the law Of e3. The first
clause for the extrsdon Of fugves from justice pro-
vides that upon the demand OF the executive Of the State
they shall "be delivered up" By whom No party is
made-none The language Of the second clause, which
relates to the exradton Of fugtves from labor, is in the
same terms, that they shall " be delivered up" By
whom No party is prescribed in that clause by whom
they shall be delivered up To whom is it addresse
Is addressed to the jurisdiction OF the State into which
the fugitive may escape. Il is addressed to the sovereign
power Of that State and the mandate is, that they shall
/" be delivered up"
SIR this very exposition Of has been made by the
Congress Of the United States within TOUR years
the act OF 1893. By that act, ii is made the duty
OF the executive OF the State TO deliver up" fugitive
from justice. and II is made the duty OF the judicial
officers OF the State well Of the federal government
to furnish the necessary legal process for the surrender
Of the fugitive from labor Now sir il is said b. these
S,aesl believe BY all Of them, though il is by no
means my purpose here 10 arraign them-(l admit that
they are sovereign an Independent States and that they
bound by ties but hose which bind them in honor
and good faith, unless the federal legislation operate
ncuiatcy upon tuct Pcopc1-tney sdy Sis Oy tnef egs-
aton, that Congress has power to impose duties upon
the State officers The law OF the State OF Pennsyva
MA OF Massachusetts,, and believe OF other States de-
cares that any officer OF the State execute the law Of
1793 far fugves from labor are concerned they
shall be fined and Imprisoned denying only the ben
eft OF the exercise Of the State authority for the
sender OF these fugves but denying the general gov
eminent the power to impose such duties upon them
How is IT, sir, in relation 10 that part OF the law OF 1893
which relates TO fugitives from justice That law i'm
poses the duty Of surrender upon the executive authority
OF the State Has Congress any more power to impose
that duty upon the executive authority than upon the ju
dcisl authority None whatever; and yet we find no
legislation Of these nsaveholdng States directed 10
that exercise Of the federal power And why Be-
cause il is subject in which they are all interest
ed. All the States are interested in the surrender
OF fugitives from justice; but TO the other clause
such interest resides only in the slaveholdng States
and because OF the Absence Of common interest,
30 much Of the law as affects fugitives from labor
Is, in fact nul6ed by the slaveholdng States
aware, Mr.. President IL has been said-and think by
the gentleman from Vermont IMr. PHELPsl who de-
livered 90 able an argument upon kindred topics the
other daythat the Supreme Court OF the United States
has denied that the State. have any right to legsate
those decisions very differently The Supreme Court has
decided this, and no more In the case cited by that
honorable gentemana really between the States OF
Maryland and Pennsylvania, though entitled the case Of
Prigg The Commonwealth OF pennsylvania-the Su-
preme Court has decide this and nothing more Il has
decided that any law Of the State Of Pennsylvania
imprisonng or subjecting 10 any punishment citizen OF
another State who comes into Pennsylvania and tskes
possession there OF his property being slave s uncon.
stiiuiiona and that sa OF IL The case sir, was simply
AZ. purf no w.t a. $500 s-,, r.l.-l