The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14

time in my public life--in which statement con-
cur with what was said the other day by the hon
orable Senator from Alabama, MIR King there
has been no time of my public life that was not
willing for one, to cooperate in any steps for the
abolition of the slave trade in the District Of CO.
lumbia | was willing to do 80 while the other
portion of the District. south Of the Potomac, re-
NAMED attached and there is still less ground
for objection now that that large portion of the
District has been retroceded TO Virginia, and
when the motive or reason for concentrating
slaves here in depot for the purpose of transport
ing them to distant foreign markets, is lessened
to the extent Of the diminution Of the territory,
by the act of retrocession. Why should the
slave traders who buy their slaves in Maryland
or Virginia, come here with them, in order TO
transport them to New Orleans or other Southern
markets. Why not transport them in the States
in which they are purchased Why should the
feelings of those who are outraged by the scenes
that are exhibited, by the cottges which pass
along our avenues, of manacled human beings
not collected in our own District, nor in our own
neighbOrhood, but brought from distant portions
of the neghboring States-why should the feel
ings of those who are outraged by such scenes
who are unable to contemplate such a spectacle
without horror-why should they be thus outra-
ged by the continuance of a trade 80 exception
able so detestabe as this Sir, it is a concession,
| repeat neither from one class of the States nor
the other. IL is an object upon which both OF
them, it seems 70 me, should readily unite, and
which one set of States well the other should
rejoice to adopt nasmuch as it lessons by one, the
causes of irritation and discomfort which exist as
connected with this subject.
Abolish the slave trade within the District OF
Columbia reassert the doctrine OF the resolution
of 1888, that by an implied obligation, on the
n d Aa, k.l,0 I'D
x;tkiae District of Columbia, sc Iexg ssit ys~
mains in the State of Marysnd-reassert the
principle of that resolution, and adopt the other
measures proposed in these resolutions, some
other similar measures-for am not attached to
anything as the production Of my own mind, and
am quite willing to adopt, stead, the better sug-
gestions of any body else-adopt these or similar
measures, and venture to predict that. instead
OF the distractions and anxieties which now pre-
vail we shall have peace and quiet for thirty
years hereafter, such as followed the disposition
of the same exciting and unhappy subject after
the Missouri Compromise.
The next resolution, sir, is as follows:
7. ResoIued That more effectual provision
ought to be made by law, according TO the require
me mt of the Constitution, for the restitution and
delivery of persons bound to service or labor in
any State, who may escape into any other State oil
Territory of this Union.
Well. Mr.. President, upon this subject | &c
with him who goes furthest in the Interpretation
Of that clause in the Constitution which relates
to this subject In my humble opinion, sir, that
a Z requirement e - hS ,:i
ted States, which is not limited in its operation TO
the Congress of the United States but which ex-
tends to every State in the Union, and to the Of
fcers of every State in the Union. And go one
step further. IL extends to every man' in the
Union, and deyolves upon him the obligation to
assist in the recovery of fugitive slave from labor
who takes refuge in or escapes into one Of the
free States. And, sir, maintain all this by a
fair Interpretation of the Constitution. The
clause is as follows:
"No person held to service or labor in one
State under the laws thereof, escaping into an
other, shall in consequence of any law or regula-
ton therein, be discharged from such service or
labor, but shall be delivered up on claim of the
party to whom such service or labor may be due ,
1t will be observed Mr.. President, that this
clause in the Constitution is not amongst the emu
merated powers granted to Congress-where, if il
had been placed it might have been argued that
Congress alone can legslate and carry 1t into eff
fect-but it is one Of the general powers, or one
of the general rights secured by this Constitu
ton or instrument, and it addresses itself to all
who are bound by the Constitution of the United
States Now, sir, the officers of the General Gov
eminent are bound to take an oath to support the
Constitution of the United States. All State Of
ficers are required by the Constitution to take An
oath to support it, and all men who love their
country, and are obedient to its laws, are bound
to assist in the execution of these laws, whether
fundamental or derivative. do not say, sir, that
n private individual is obliged to make the tour
of his whole State, in order to assist the owner
| Of a slave to recover his property but do say
| if he is present when the owner Of slave II
about to assert his rights and regain possession
his property, that he, that every man present
whether officer or agent of the State Govern
ments or private individual, is bound to assist il
| the execution Of the laws of their country. Whs
! is the provisions Ii is that such fugitive shall
be delivered up on claim Of the party TO whom
such service or labor may be due" have al
ready remarked, in the course of debate upon thu
bill which is now pending upon this subject tina
the terms used in regard to fugiives from Grim
inal offences and fugitives from labor, are pre-
cisely the same The fugitive from justice is t.
be delivered up, and removed to the State havin,
Jurisdiction. The fugitive from labor is to be de
lvered up on claim Of the party to whom suc'
service is due Well, sir, has it ever been con
tended, by any State that she is not bound to sur
render a fugitive from justice, upon the demand o
the State from which he has fled think ther
have been some exceptions TO the Performance
of this duty enjoined in the Constitution, bu
they have not denied the general right and i
they have refused, in any instance to give up III
persons demanded, it has been upon some techni
| cal or legal ground not at all as questioning tn
general right to have the fugitive surrendered OF
the application to deliver him up, as epjoined b.
the Constitution.
| think, MIR President, that with regard to tn
object of this provision, there can be no doubt
1t imposes an obligation upon the States-free o
slaveholding-it imposes an obligation upon tn
officers of Government, State or Federal-and
add, upon the people of the United States, undo
particular circumstances assist in the recov
cry and surrender of fugitive slaves from thei
masters There has been some confusion, and
| think, mscOnception, upon this subject, in conse
| quence of a recent decision of the Supreme Cour
of the United States | think that decision ha
been entirely Inexperienced There is vas
difference between imposing impediments, and al
fording facilities in the way of recovering the fu
gitive slave. The Supreme Court of the Unite
States have only decided that the laws of imped
| iment are unconstitutional. know, sir, Their
| are some general expressions in the opinions {
| which have referred-the case of Maryland an
| Pennsylvania-that would seem to import other
wise but think that when you come attentivel
| to read the whole opinions pronounced by tn
Judges, and take the trouble that ! have take
to converse with the Judges themselves, you wi
find that the whole extent of the authority tina
they intended to adopt was, that any laws of in
pedment enacted by the States, were laws forbid
den by the provision of the Constitution to whic
have referred, and that the General Govern
ment had no right to impose obligations upon tn
State officers that were not imposed by the NJ
thorty of their own constitutional laws. WHY
it is impossible! II the decision had been other
wise, II would have been extra;judicial. Th
Court has no right to decide whether the laws {
facility were or were not unconstitutional. Tn
only question before the Court was upon the law
of impediment, passed by the Legislature {
Pennsylvania If they have gone beyond tn
case before them, to decide upon u case not befor
them, the decision is what lawyers call :" obn'