Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-02-01


IN the unlon and makes the law uf Tie domc quo al hoe
the law of every State in the Union
These understand sir the rights that pertain the
owner oi slave when he pursues him within the limits nj
slnvehoding Stacrghts secured 10 him by the fun
danenta law which binds the States together under
mon government But of what earthly avail it to noint to
such guaranty, whilst the States wanting In faith Ia
each oher-whcn not only their citizens forbidden 10
execute the laws made in support of the constitution but H.
gislaye bodies are ycing with each other 10 defeat it,
Much therefore, may dcpore the occasion wch gives
II uttcrancc mt this day. and in this prcsenc. yet
bound 10 declare impartial history will record that tbs
legislation of the States referred designed ana Intended
to encourage their people III depreciation upon the property
of others.
Sir had been supposed that the days of piracy and
buccaneers were over But what shadow Of difference i:
there between plundcring the high in defiance
law and plunderng your confines under the rgutcc
on OF law! do not state the proposition strongly, for
in the degree of crime can perceive no difference between
robbery by force and robbery by fraud; il there be- Tho
latter only carries with il the odous feature o dccep
ton and fasehood.
But sir desiring place the law of this question in hr
cearcst light may be padoncd for citing here the opinions
OF the abes urs,s from the very States where these
mites arc pcrpctraed under the sanction Of law. will
read short paragraph from opinion delivered bv the late
Judge Baldwin, OF the Supreme Court while sitting as
circuit judge in the State Of Pennsy vanaa gentleman 10
whose high character and learning just tribute paid
late day by the distinguished Senator from Michigan Mr.
Cass and after extract from opinion ii Judge Story
lhe law Of the land recognizes the right OF
hold another in bondage, and that right must b. protected
from violation As consequence of This right of property
seconds he may reiakc him by pursuit ntpanoer State and
may bind secure him in any other way prevent his
cond escape he may arrest him by the use of much force
as Is necessary TO elect his ccaao he may enter peace
ably the property into tho house Of another taking
to commit breach of the peace against third persons But
is no breach Of the peace To ah force ccrcion
toward the fugitive suces for his security, without
such force no slave could be rctken without his CONSENT
BaliriaS Rtp, r0i. |, p. 577.
Judge Story, delivering the opinion of the court in thc
of Prss RS. The Commonwealth of !'eanSy vania,
places tho right To rccapure slave under tie Constitution
in what State he may be found the s.ound
that AT aw, the owner may lake his gocd chat
tells, the his servant ganticc wherever he
happens TO find theln-and adds
Upon this ground we have not the -!sltst hesitation in
holding, that under and in virtue Of tbs Constitution the
of slave is clothed with entire Authority, in every
State in the Union seize and rccapre his slave when
he do il without any breach OF the cace any il
legal violence In this sense, and Ia this ext, nj this cansC
Of the Constitution may properly he >a4 - scu'c Itself
and require aid rom legislation Statt national
Such, Sir, bcing the unjoubc law Of The question before
us based j. uron the broad foundation OF ~ Govern
mcnt itself may safely hold, il the Conslitu undc
which II arises be of any bero', Ii il is worthy any
spccfar more, if it is worthy Vi the :4ation i
freely bestowed upon at the present day and r cer
purposes. By the citizens If those S1ie who claim IL b.
exclusively loyal they should al least treat i; as the law
the land, and render 10 il decent obedience Mr.. d,u,
the bill reported by the Chairman o the commit liz
Judiciary Is the same that was brought in from that commit
lee u, both sessions of the last Congress introduced
their BILL thought respect the committee required ii
but thought il due Ia suggest tu tha; committee cernir
upon the printed documents before u, and without which
fear the law would be of very litte value. Sir, do
know the object is To be attained do know c!as
Of officers that can be provided 10 execute this law, bn' !h'
class provided in the bill! We usi haze Federal officers
becauac thc States affected xiii permit their officer.
to execute n law of this Government.
And yet when we have done all this unless the spirit
their people and their legislatures in aid il will be
law perfectly iusory Why sir what has been brought in
view upon this subject since Congress has been
bcd! The Governor Of the State oi Maryland in con,
muncaon the General Assembly Of that State tells heii
Tint c of the Stale Of May land il in jail and il
ron7 the State of Pennsylvania because he brought of
fugitive slave from that State, wo years aeo
the governor has recommended The General Assembly ant
the General Assembly has adopted his recommendation
send special messenger minister the county where h
is confinc that he has proper counsel employed
pay the expenses of his defence And ycanorr rcccn
in the State of New York Another cizcn oi ht
State Of Maryand-a gentleman we'll known to mcoun,
his slave in the city Of New York and captured him, h
had perfect right do ha5cfs corpus issued in bcal
of tho fugitive slave and he taken before judge of t
Supreme Court Of that Saiethc highest judicial function
ary The claimant proved his properly beyond all doubt
and it admitted and they required en before the slave
should be surrendered that he should royewhat sir .
Why, what at this day Of the cnshenei administration
laws will hardly be credited he required prove t,
Stao of New York that Mary land slave State Well
sir he adduced the printed statute book of The state from
library in the city, and then by oral rc
proved by conrersant with The laws Of Maryland ha
slavery Of the African recognized and sanctioned
by them. but all this proof unwarranted the dc
mand to produce it, availed him nothing. He told ha
il proof that nothing would he admitted show thai
slavery recognized the law OF Maryland but cop!
Of statute exenpfed in the prescribed by the
of tho United States.
Mr.. BADGER. Who was the nudge?
Mr MASON. | have taken the narrative from the mes
sage OF the Governor Of Maryland which asccs this
duct TO Judge of the supreme u New York but Il
does not give his
Mr.. SEWARD. 1t Judge EdmoGds
Mr.. MASON 10 such law could be prniuced-no sucl
aw, apRrthend exists as law creating nsi,iiion o.
slavery in the State Maryland and such law
could be produced tho fugitive discharged upon habea
am Ia cir that Sfufo
Maryland al nicrposed herself between her injured
citizen and this abuse of law ordered bv hc
legislature that the claim should be uv prosecuted n ht
expense Of the State and that the claimant hod be renbu
sed in all expenses he had incurred in the effort thu, made
recover his properly,
have adluccd these instances In the hope at In som,
at least they would 10 show to til oountry thu
existing state of the relations between the States upon t
subject and the insecurity in fact the sla hodns
States of their property however may be secured TO then
upon paper.
Mr. President hope 1t will b. the pleasure of the Senate
pass tho bill with the amendments recommended by the
committee.
this law of the constitution lcas. in informing tn
citizens Of the non-slavehodng States what their duties
under this coEecracy If i, should not have this effect
perfectly free to admit and declare here, upon my rospon
sihity representative in part OF the sovereignty of
Of these saveholding States shall recommend TO my peo
Pile matter of inevitable necessity upon their part
provide by law for epsals upon the property of the citizens
of any offending State know of other mode of redres
against those who acknowledge obligation either OF homo
or of law.
The senator from South Carolina Mr. Butler upon tn
authority Of able paper, which nc showed me- from
tho Sato OF Kentucky has stated the loss that State
nuay in fugitive slaves at thirty thousand dollars.
have little doubt of its truth; and from what know OF tn
experience of my State satisfied the losses of M,
own people far creator Losses incurred how! From
expendtuel No. From neglect or carclcssrcss on ihci
partl Mol But losses occurring through failures of thci
sister States fulfil their federal Obligations failing
fulfil them by neglect but by active, scdulous, and ingenious
legislation conyed defeat the claimants in the recover,
of their property. Sir know of no remedy if this course
of legislation is continued in the savcholng States which
protec, people, but cpsals The properly OF th
offenders. apprehend il will be an easy matter to frame
laws effect these reprsal 1t is admitted 10 be Legitimate
and just in the law Of nations when pecuniay obligations
dsregardcd that the injured State may make rcprsas
the ocncr and in the before when il is estab
shed before competent court that the duty of delivering vi
fugitive slave is disrcgaed by State when such g
tive is rescued from his by violence let the STATE
whose citizen ssans the loss pay him the value OF the pro
pey and make rcprisa wherever be done upon th
property of the citizens of the State offending This
harsh remedy, and one which sho a be exceedingly
lucant 10 recommend.
Mr.. FOOTE. Upon what property 7
Mr.. MASON. Upon the property of the citizens If tht
property Of the State cannot be got suggest il as ht
only remedy known 10 me, by which rcbuon be had
Now, Mr. President 10 the law itself. | arr not yer,
anxious about the particular provisions of this hill
they arc before Us here in the printed bill am willing Il
hear any proposition alier amend My only aH;ety Is
that whatever law is passed shall be substantial and
and not merely illusory.
II has been said Inc by gentlemen in conversation, tina