The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-23

add, upon the people of the United States, unde
particular circumstances-to assist in the recovery
and surrender offugitve slaves from their masters
ihere mas been some confusion, andI think mis-
conception, upon the subject, in consequence of
recent decision Of the Supreme Court Of the Unitee
states. l think that decision has been entirely
Inexperienced. There is a vast difference be
tween imposing impediments, and affording facii
Ties IN the ways recovering the fugitive slave. The
Supreme Court Of the United States have only
decided that the laws of impediments are unconsti
tutional. know, sir, there some general ex-
pressions in the opinions TO which have referred
the case OF maryland and Pennsylvana-tha would
seem TO import otherwise; but j think that when
you come to attentivey read the whole opinions pro-
nounced by the judges, and take the trouble that
have taken to converse with the judges themselves
you will find that the whole extent of the principle
which they intended TO adopt was, that any laws
OF impeachment enacted by the States were laws for
hidden by the provision of the Constitution Il
which have referred, and that the General Gov
ernment had no right to impose sobligatons upon
the State officers that were not imposed by the au
thority of their own constitutional laws, Why, il
- impossible! If the decision had been otherwise
it would have been extra judicial. The court had
no right to decide whether the laws of facility
or were not unconstitutional. The only question
before the court was upon the laws of impeachment
passed by the Legislature Pennsylvania. II they
have gone beyond the before them TO decide
upon a case not before them, the decision is what
lawyers call "oJiter dicium," and is not binding
upon that court itself, upon any other tribunal.
say 1t is utterly impossible for that court with the
case before them OF the passage of law by State
Legislature, affording aid and assistance to the
owner of the slave to get back his property again;
it is utterly impossible that that or any other tribu-
nal should pronounce the decision that such aid and
assistance rendered by the authorities OF the State
under this provision of the Constitution of the Uni
ted States was unconstitutional and void. The
court has not said so; and even If they had said So
they would have transcribed their authority, and
gone beyond the case before them.
The laws passed by States in order To assist the
General Government, SO far from being laws repug-
nant to the Constitution, rather To be regarded
as laws carrying out enforcing, and fulfilling the
constitutional duties which are created by that in
strument Why, sir, as well might it be contended
that If Congress were to declare war-and no one
will doubt that the power to declare war is vested
exclusively in Congress, and that no State has a
right To do itno one will contend that, after the
declaration of war, it would be unconstitutional on
the part Of any State to lend its aid and assistance
for the vigorous and effectual prosecution of that
war. And yet would be Just as Unconstitutional to
lend their aid to successful and glorious termina
ton OF that war i'll which we might be engaged, as
1t would be unconstitutional for them to assist in
the performance of high duty which presents it.
self TO all the States, and to all the people in all the
States. Then, MIR. President, / think that the
whole class OF legislation beginning i'll the northern
States and extending to some of the western States
by which distractions and impedimens have been
thrown in the way of recovery of fugitive slaves,
are unconstitutional, and have originated in a
spirit which trust will correct itself when these
States come to consider calmly upon the nature OF
their duty Of all the States in this Union, unless
it be the State of Virginia. the State of which am
citizen suffers most by the escape of slaves to adj
joining States. have but little doubt that the loss
OF Kentucky, in consequence of the escape OF her
slaves, is greater in proportion to the total num-
Der of slaves which are held in that Commonwealth,
than it is in the State Of Virginia; and know too
well, and so do the honorable Senators from Ohio
know that II is at the utmost hazard and insecure
ity of life itself that Kentuckian can cross the
river and go into the interior and take back the f
gitive slave to the State from which he has fled.
recent example occurred in the city of Cincinnati.
One of our most respectable citizens having visited
= not Ohio at aIl-but having visited Covington,
on the opposite side of the river little slave OF his
escaped over TO Cincinnati. He pursued il, recov-
cred t-having found il in house where il was
concealed-took il OUT but il was rescued by the
violence and force OF negro mob from his posses
sion-the police of the city standing by, and either
unwilling or unable to afford assistance 10 him.
Upon this subject, | do think we have Just and
serious cause OF complaint against the free States.
think that they failed in fulfilling great obliga-
ton and the failure precisely upon one of those
subjects which, In its nature Is most Irritating and
inflammatory TO those who live in slave States.
Why, sir, think it is mark of no good brother
hood, Of no kindness, of no courtesy, that a man
from slave State cannot now in any degree OF
safety travel in free State with his servant, al
though he has purpose of stopping there any
longer than short time. Upon this subject the
Legislatures of the free States have altered for the
worse in the course of the last twenty or thirty
years. Most of those States, until during the pc
riod of the last twenty or thirty years, had laws
for the benefit OF "sojourners, as they were called
passing through, abiding for time in, the free
States with their servants. recollect, sir, case
| that occurred during the war, of my friend, Mr
Cbevcs, from South Carolina. Instead of going
home during the vacation, he went to Philadelphia
taking his family and his family servant with him.
Some of the Abolitioniss of that day sued out a
writ Of hdbeas corpus for the slave, and the question
was brought before the supreme court of the State
Of Pennsylvania. II was argued for days; and il
was necessary, during the progress Of the argu-
mcnt, 10 refer 10 great variety Of statutes passed
from time TO time by the State Of Pennsylvania in
behalf Of solourners, guarantying and securing TO
them the possession Of their property during their
temporary passage or abode in the Common wealth.
Finally, the court gave their opinion saiGtim, each
judge delivering his separate opinion, until il came
90 Judge Breckenridge, who the youngest
Judge upon the bench, TO deliver his. During the
delivery Of their opinions they had frequent coca
sion 10 refer 90 those acts passed for the benefit
| sojourners and each Of the Judges who preceded
| Judge Breckenridge always pronounced the WORD
| 'sudjourner." When IL came to Judge Brecken.
ridge TO deliver his opinion, he said 90" agree In al
| my learned brethren have pronounced upon Thu
occasion, except their pronunciation OF the WORD
| sOourDer.' They pronounced II 'sudJourner !;
| and think Il should be pronounced solourner.''
[Laughterl Now, sir, all these laws in behalf Of so
lourners in the free States are swept away, be
| lieve, in all the States except Rhode Island.
| Mr.. DAYTON And in New Jersey.
| Mr. CLAY. And in New Jersey. am happy Il
| hear. But in most Of the free States these law
have been abolished, showing a progressive ten
dency 90 n bad neighborhood, and unxind actor
upon the part Of the free States towards the slave
holding States Well, sir, ! do not mean 10 con
| test the grOund arm not going TO argue the qucs
ton whether If man voluntarily carries the slave
into free State, hc IL Is not entitled TO his free
dom. am not going 20 argue that question.
know what its decision has been in the North
| What J mean 10 say is, that it Is unkind, un
ncighborly il s not in the spirit Of that fraterna
conneSion existing between all parts Of this Con
fcderacy. But, as 10 the exact and legal principle
in the way suggested, even supposing the right i
/ here, it - but proper, when there IL purpose o
| = permanent abode--of settling finally and conclu
sveiy--of planting hs slaves in the Common
| wealth-t u but the right Of good neighborhood
aud kind and friendly feeling, 20 allow the owne
Of the slave 10 pass with his property unmolested
Allow me TO say, upon this subject, that, Of al
/ the instances in which the power s exercised 4
scduco slaves from their owners, there il no in
stance in which IL IL exercised unjustly az in th
casc 81 the seduction Of family servants from III
| service Of their owners Servants in the faInilie
are treated with all the kindness with which III
children II the family treated. Every thin
they want Tor their comfort il given 10 them wit
a. II -. - L.