The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-10-31
light to control your con.

of slaves; we have right to control your con.
sciences by
This is one part of the meaning of the entire
ries OF measures which constituted the conciatory
policy OF the two branches Of the National Legisla-
ture during the last sesslon-a policy adopted un-
der the guidance Of prominent men Of both the
principal parties, aud sanctioned by one whose
national views, intellectual power, and attachment
TO the Constitution, have placed his fame the
same level with that of the of the heroic age Of
our country, as worthy 10 rank with the most pa
triotic OF revolutionary tines 1t is the only policy
ON this subject upon which can act or TO which
! can give my support, directly or indirectly. l
believe IL TO be the best for the captive well as
for the freeman, that the Constitution Of the United
States should be maintained. Whatever may be
my sympathy with ,he slave, and il certainly ia not
small, have no right to set him free. am not
responsible in the matter. did not enslave him,
nor do | hold him in slavery. Ii is another who
docs this and while differ from that other in
opinion 10 the justice and expcdiency of the in
sttution, have right to say that he shall NOT
hold slave II IL COMFORTS with his judgment of the
right and expedient to do | may say to him, TO
be sure, that will not associate with hun, for any
purpose, 30 long he holds slave; but have yet
TO learn the wisdom or the peculiar merit, of such
a course.
Having thus adverted to the general policy
upon which the Fugitive Slave bill rests, will
state, in few words, my view of the character of
the bill, and It's probable effect the condition Of
| the fugitive. 1t may seem strange to those who
have heard nothing but bitter denuncatons of the
act to hear it said that it is, practically, more ia
vorablc to the fugitive than the law of 1898. The
evidence OF such assertion may be found in the
fact that by the old law, every mag isratc in Mas
sachusetts, amounting together 10 several hum
dreds, and 80 in the other States, authorized
and required to cause the arrest of any fugitive,
examine into his case, and deliver him to the claim
ant, If he was proved 10 be slave; while under the
law that power is limited to the justices of the
United States courts, and to the commissioners APP
pointed by them, not exceeding, perhaps, on an
average, six eight persons in each State. There
more trial b. jury, provided for under the
he lew lax hr ri nj of nru
trial Id entirely new, never thought of till modern
discussions OF the subject began. For fifty seven
years our fathers and have been living under
laws which provided for such thing; and now,
one which makes no such provision is denounced
in unmeasured terms cruel and inhuman.
Where have we all been for half century? Do
not the denouncers perceive that they denounc-
ing their fathers and themselves? The entire pop
ulation OF the North has acquiesccd in the provi-
sons Of the law Of 1898, without thinking itself ex-
posed to the charge OF barbarity; and have only
10 say, that 60 not think the charge any Just
now.
Desirable as it may be, that trial by jury should
be required IN the State where the arrest is made,
the absence OF this provision cannot be termed bar
barous or inhuman; should it be overlooked that
southern brethren have sympathics with the col
ored man. have heard il stated to have been said
by Mr.. Clay, in a public manner, and 1 believe
something of the sort occurred in Of hisspeeches
IN the Senate last spring. that he had almost always
succeeded when he had acted as counsel for the
captive, but never when he had been engaged by
the MASTER and that there a general leaning in
favor OF the claim OF freedom And why should we
doubt it, Do we imagine the entire South to be in
habited by ends? Have we forgotten that the white
man OF the South Is OF common origin with us, and
has probably some of the same feelings of human
ity with ourselves? Let not dream that all virtue
and all wisdom will die with us.
1t is said that the law suspends the operation
OF the writ OF hobsas corpus Legal authority of the
highest kind declares this To be untrue; and we
all know, without being jurists, that law
persede the Constitution.
4 ia that ,j,o Ia ;s
because 1t throws the responsibility sal custody
upon the marshal, at all events This may be
hardship upon the marshal, but docs not effect the
position OF the fugitive particularly; and il resem
bies nearly the liability of every sheriff for the
custody of every prisoner, that no such broad dis
tinctlon exists as Is sometimes asserted.
Again, the law makes it penal To assist in the
rescue of the slave after he has been proved 10 be
such. OF course II must and the penalty must be
effective, there would be the inconsistency Of an
enactment which might be violated with impunity
The penalty should certainly be graduated by the
nature OF the offence, and disposed 10 believe
that, in this particular, the law needs amendment
But 1t Is manifest that the violent charges brought
against the law are in reality brought against the
principle OF the provision OF the Constitution re-
curing the delivery OF the fugitive from labor
The reasons for originally making that provision
have been already stated and il appears 10 me that
they are as strong for continuing it in force,
they were for making it at first The Union
not be preserved without II, any more than il could
have been formed without it. The abolition of
OF the subject ia the non slaychodng States which
delays emancipation. This il is which alarms the
stakeholder, as well il may. This it is which leads
him 10 rive the chain more firmly, and look TO the
links more carefully; and when shall have
ceased irritating him by ranoorous language, he
may then, but certainly not till then begin to cal
cuate coolly the advantages and disadvantages Of
the institution, and TO perceive, without prejudice
the right and the wrong Of the practice. Denun-
citation and violence are not likely TO remedy any
of the wrongs for which we complain Of the South;
iNF IN he afoIh hot rlg
have an interest in the welfare Of the cOlored man,
an interest which ! feel as deeply as any Of my
friends and constituents. IL must be recollected
that nclpation, II u is to come at ALL must orr
glnate with those masters who so often assailed
with opprobrious language; and that the beet influ
ence the North can exert the subject, in behalf
OF the slaves, 10 moral influence.
The sentiments and wishes Of Massac husetts, as
expressed by her Legislature, and felt by her peo-
pie, in the highest degree honorable TO her phi
lanthropy and, with few exceptions, arc consistent
with tho obligations she is under 20 the Union.
But they can impose no duty which can absolve
her citizens from tho Observance Of the "higher
law" OF the Constitution; and, unless she means TO
adopt and practise the principles Of notification,
sho must consent 20 the delivery Of the fugitive
from labor. In short, the whole matter resolves it.
self into the plain question, shall the promises Of
the Constitution be observed, or shall they be vio-
lated, and, with the violation, shall the bond Of
union be broken TO me the proper course, in an
TO this question, seems plain. The law which
binds me to the fulhlmcnt Of the promises Of the
CONSTITUTION ns OF All othcr prpiniscss "a part OF
The highest law which recognise, and shall not
deliberately violate q. ! shall bold TO the Union,
even with slaveholding States, with a tenacity
which nothing but the storncst necessity will I'M
loose, as to the only political hope Of the world.
know there those who say and think that
there is no danger 10 the Union; that may talk.
and write, and petition, and refuse 20 perform what
have been esteemed our constitutional obligations
on the subject Of slavery as much ne VIC please, and
that nobody will do any thing but buster in return;
bot a. think differently, must shape my course
differently. IL is my opinion that this very Ian
Ruage Is insulting, and therefore improper and
dangerous. Those who use IL cannot advert 70 its
irritating character, nor TO the indisputablc fact
that a state Of violent and long continued excite
ment Is inevitably state Of danger 10 any commu-
nifty. IL now The duty Of good citizens, Ne con-
ccive, certainly Il is my own duty to DO every
thing that s practicable 20 calm the irritation that
exists between tho North and the South 20 ro-unite
them in good will, and the spirit Of mutual aid and
70 transmit 70 posterity the incstimabe blessings
we have enjoyed from the Union, while avoid
the unmxed and mmoasurablc evil that must flow
from division.
II will not be inferred trust from any thing
HoNf a,fH lot Las.