Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-04-05


to take the of slaves along with others upon ques
ton relating 10 their freedom; and upon motto
being made 10 that effect there seventy nine vote
against laying this bill upon the table Or course tles
seventy nine from the free States, and constituted
think, majority of all the members from those States
~ the same session. Mr.. Goit proposed n resolution
couched in offensive and directing committee To repol
bill prohibiting the slave trade in the District o Columbia
This resolution passed The House; but motion recons
rr was subsequently made and the whole subject postponed
i'ut the question OF property in slaves up directly
the same session. in the case OF Pacheco slave for whom
ne sought compensation, the ground that was privGt
property taken for public The committee 10 which III
subject referred divided five four the minority
porting against the clain and concluding their report viii
6se propositions, of which the third was ha slaves
der the provisions of the federal constitution regard
rs property and ought not to be paid for by the govern
ment as SUCH" 1t upon this proposition mainly tha
the bill for the relief Pacheco defeated 1t subsc
qucnty cconsdcred and the bill passed by vote OF Ol Il
95 the ninetyse members of course, ben. from the fret
States have heard that OF these votes were gyeI
against the claim upon considerations connected will
the right of property in slaves; but whoever will read TN
report and examine the debate the conclusion
TO that the decision mainly turned upon tia
question IL is fact to be considered Mr. President that
large majority of the members from the icc States
against such bill as this when such al issue had bsei
raised
But this is not the only government through which wa
has been wased against the rights Of property Of the slave
holding States We find the aboitioniss with the same
busy fors and perseverng purpose waginc through
the Legislatures of the antslave States upon the consitu
,ona rights OF the South in relation the ecapure of fng
same principle, that neither law constitution give
right Of property in Citizens of free States who kid
mapped slaves in Southern States and thus committed felony
according 10 their laws whsn demanded as gires OF JUS
lice from the States TO which they fled were refused 10 b'
delivered up In the Of this occurring between
Virginia and New York the Governor of New York plccl
his refusal upon the ground that the slave the sub
OF property the offence of felony in the State
New York; and yet to deny that the offender ngls,
from justice in Virginia. in effect deny the right OF
HAT State say what law within her own bounds and
refuse her the enjoyment of of the planes and most
papabe rights secured her in the Constitution But here
too he probably acted under obligations which he conceived
be above and beyond both the law and the constitution
Nor rights in relation 10 the recapurc OF fugitive
slaves much respected Under the profession of d."
sire their citizens from being Kidnapped
| laws passed which made it not only nearly i'm
possible rccapure slave in the free States bul rem
| dercd il highly dangerous to attempt TO reclaim him
under the provisions of the act of Congress- for how
| ever intended these laws were so framed as TO make
nearly as dangerous to reclaim fugitive slave as 10 k,dna
citizen in the State of New York But the absolute denial
of justice occasoned by laws of this character AT last be-
apparent that made for the decision Of
the Suprcr, Court mean prggs case, which arose out
of the laws Of Pennsylvania. And what the entertain
nent received thercl Notwithstanding he clear and
conclusive opinions Of Chief Justice Taaey AMI Judge Dan
c who dissene from the majority, II was decided that The
power oi providing remedy for this constitutional right
exclusively vested in Congress- and all State legislation
in relation 1t void Such at least Is the general in
crprctaon OF that decsion-an Interpretation upon when
Of the States have acted, in making il the basis al
nc of operations against this right oi the South The
old laws the subject have been repealed bn others nave
4
capturing slave and refusing The o their ails Tor TIE
purpose conining such fugitires. To prevent The eyec
ton of this provision Of the constitution ACCORDING 10 ils
spirit and intent probably the real object of such eeis'
on although there is violation 0l me letter ol the con
tract That rights haye been violated in this respect has
been acknow lodged BY Northern gentlemen on tins oo
md acknowledged in spirit of candor which authorizes
the hope they will endeayor to do something eccua To
against such wrongs IN iuture bpt can any
thing eectual be done without the cooperation oi the
State governments and their active assistance to carry ou
in good faith these provisions OF the Constitution Ana are
the States morally boundt give this aid Ihe Senator
from Massachusetts has we'll said that such obligation
upon them Wihon, this provision OF the Constitution
ii s admitted all hands the Union could never have been
formed Ii il the condition OF iis existence are NOT al
who share the blessings and ENJOY the protection o this Con
situon bound carry out It's provisions according 10 hcI
spirit and meaning? Are not these obligations binding
no, ONLY upon government of the Union but the
nent the States and all enjoy the benefits the uo
know the decision of the Supreme Court is urged OBJ
stace but with a due Difference that high authority, this
decision stands much in the Of some Of ,c ea. ends
the Union ITSELF that do not think ought 10 be an Oh
s,ace. Because right is given in the Cons uiion does
not follow that the remedy be given only BY the Federal
Government If citizen OF Virginia indebted 10 one in
New York. the latter has constitutional right 10 payment
But he may have his remedy according 70 ms own eecon
either in the Conts the State of the United States Why
not be allowed seek the remedy for the right to the
capture of fugitive slave in the State federal court
the pleasure Of the plaintiff Neither Is II I's na inc oo
legations of the constitution are 10 be enforced upon e poo
pie OF the United States through Tho general government
alone On the contrary there are many OF the most essen
a provisions the constitution which cannot be executed
without the aid Of SIae legislation There are certain pro-
visions which bind only the general government but ato
The of treaty slpulaons between the States lhe
General government enforce them alone and yet
they relate the very ends for which the Union was form
ed refer this provision for recaptung iugves from
labor and justice and TO that class oi provisions which Sc
cures trade and reciprocal intercourse amongst the States
The one said by the Supreme Con To have been the con
ton on which the Union exists the Others those OBJ
ects which have given the Union it's greatest value How
are we to enforce any these provisions fully and accord
ng TO their spirit II the States set themselves against them
Take relation 10 fugitive slaves by way {" example
i hi.ln In
legitimate object Of securing their own citizens on nnaw
ul detention and yet iIsldesy drawn q oake II
So expensive and dangerous tor master OF u9e save
10 recover him as deter him from the effort what uie
laws are so framed if makes the least mistake in
pursuing his rights under act of Congress- he nds him.
self in DANGER Of being demanded fugitive from justice
in his own State because he mas placed himself within the
reach of insidous Legislation in another State whch was
designed obsuc himin the prosecution OF his rlshts
What too laws constitutional in the letter are passed or
the very purpose Of making expensive and odios TO pro-
secute this right by forbding their officers TO glve sis
tancc, and encouraging state OF pubic OPINION ~cl -
hostile the right Suppose the State authorities refuse
IN nunsh persons who aid the escape of slave by force or
who beat or murder the whilst prosecuting his right
some Of these modes Of eSadng this constitutional oosa-
| ton have already been practised "a we Know.
But how is il 10 these other clauses %hlch secure 10 a
the States free trade and reciprocal intercourse! IT the GO
vernmen of New York Massachusetts should say to s
gna that their citizens steal our slaves when they come
among u.s. and thus violate our laws they VIII not deliver
them p on their return tngitires from justice, might no
yrria with as much proprey refuse 10 permit the vessels
of those States to into her wacrsf blight she mol
ustly saw that this is necessary TO her property and
project her peace! Judge Mclean has defended the right
State TO forbid the sale of slaves within her borders upon
the ground that sit higher and deeper than the cons
tuition and that ests upon the law Of
surely the same defence could be made if under the crcum
of which have spoken the slave States were TO tor
bid such vessels from visiting their ports The constitution
also provides for reciprocal intercourse ana gives the Gu
zens Of one State all the privileges OF the ctzcns OF another
Stale when within its boundaries But suppose Citizen
Of Ohio were 10 come Kentucky to ncte the slaves
resurrection or to kidnap them and 10 his State and
its should refuse deliver him up upon the ground
ha il was no offence Ohio 10 excite slaves to insrrcc
ton or TO aid them escaping from their masers-in such
case would not this power higher than the constitution
this right of sef preservation justify Kentucky IN imposing
such nenaes upon any citizen OF Ohio who came into he
borIers as would break up the intercourse
And how sir if an injured slave State were TO resort to
onother system of retaliation whc was calculated 10 de-
sIrov The free right of another State TO trade with III Sup
nose Kentucky in such case, were TO impose not duty
upon goods manufactured in Ohio but an internal tax upon
them Wherever they sod Is II not nearly certain thai
LEGISLATION of this Sort and really intended In hostility to The
right of Ohio 10 trade within her limits could be so devised
10 leave no adequate remedy either in the federal courts
| or in federal legislation?
Mr. President, will not pursue this branch OF M the Subject
rhe but is it not probable that these are the collisions
through which the Union would first be seriously thrca
tened If we are ever divide will probably be brough
l.. 4 system Ot hos