Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1851-03-01
THrRry-rIRsr coNenEss--second Session.


sage, and the motion 10 refer it.. {
Mr.. Berrien denounced the occurrence in
Boston as the result of preconceried action
by white and blacks, combined to defeat the
ends OF the fugitive slave law; He reviewed
the whole subject Of the fugitive slave pro-
vision of the Constitution, the laws Of Con-
gress, the Legislature of free States, and the
decision made by the Supreme Court on the
subject.
He believed the law has been executed
where, except IN Boston.
MI. Rheit did not believe the law would
be enforced or had been enforced. He die
not think it could be, and Judging from the
concluding remarks of the Senator from Geor'
gia he did not believe it could be execu |
ted.
MIR. Berrien asked the Senator not TO draw |
any such inference from his remarks.
Mr. Rheit sail he did not believe the law
could be executed, even with all the arms
and force of the Government. He did not
believe any law could be executed, unless
the sentiment of the people among whom il
was TO be execued was in unison with the
execution of the law. 1t could not be execu-
ted amongst people where there was Tor
mdable minority opposed 10 i,-iorcible re-
sis,ance might not take place, but it could
be evaded by swelling the costs by counter
suits. by secreing the fugitive TO enable him
10 avoid The process, and by false swearing.
The law had not been executed. 1t was
stated that there were 10000 fugilives in the
free States, and in the last nine months some
ten or fifteen only had been recapured. He
thought the South had lost her great remedy,
which was in the Constitution, by taking the
one proposed bv the act Of Congress.
He read from the Constitution the two
clauses-one, that iugitives from labor shall
be delivered up; the other, that fugtives
from justice shall be delivered up on demand
by the executive. The Constitution contain
ed no provision granting Congress the power to
execute these clauses Congress had no pow
ers but those expressly granted, He consd-
cred that those two clauses were to be eXecu-
ted by the States themselves and not by Con-
gress. Every other clause which gave Con-
gress power, contained express provisions 10
that effect. Who could donbt but that the
acts Of 1893 and Of 1880 for the delivery of
fugtives, were wholly unconstitutional ? II
left to States the Constitution would have
been executed,
Mr.. Clay said that when the message was
received from the President, he rose TO ex-
press his satisfaction Of it, which satisfaction
he was sure would be felt By all, except the
ulras of the North and the South. He anti
cipaed no such discussion as had taken
! place. The Senator from South Carolina had
} gravely informed the Senate that Congress
had no powers except those granted by The
Constitution A lawyer once was stating the
same fundamental doctrines, and was pro-
ceeding 10 show that they had existed from
D the time of Moses, when The chief justice
blandly told him the Court was presumed ic
know something. The Senator from South
Carolina should presume The Senate knew
something. He then examined the Cons,i,u
l iiou, and argued at length that Congress ha,
a foil power 10 execute any provision of it.
The Senator had spoken of cousolidaionist
i and federalisls running the country. Thi
e was the fault Of the Senator's whole school
. They lay down what they consider the pow
ers Of Congress and any one who differs from
: them is for consolidation. No one hnt lh
g Senators from South Carolina and Ohio (Rhet
and Chase) could doubt ,he power of Con
: gress on this subject and against these wer
the Congress of '93, 80, aud the Suprem
i Court.
!. The Senator and his friends lalk Of stretch
ing the Constitution, as if they were the jud
ges to decide how far was stretching an
how far no.. What weak errns man wi
dare rise and declare that this or that is III
II meaning of ihe'Consliutlou, when the wi,
J. dom of the country have repeatedly said di
e. fereullyl The Senator talked of being
II States Right man. When he heard ihes
gentry rise and talk of being States Riet
e men, he felt as Junius says he always di
e when he saw Scoichman smile. Laughter
" He asked those who deny existence of an
'r power unless expressly in The Constitution
II where was the power Of one State 10 MULTI
lie the acts of the Union, or TO secede
m Mr.. Rhelt sail he would like TO know
ei be could reply 10 these remarks after Ii
'd Senator was done, there being desire e!
re pressed to have vote.
Mr.. Clay-Ile desired a vote on this sol
a. iect at once, but whenever the Senator d
D. sired it, he was ready to meet him in argr
IL ment on these topics. He then enlarged c
u lhe proceedings in Boston, and replied
y, slessrs, Chase, Mason, and others.
D. In the human skeleton there are two hui
d dred and iity-two separate bones. Har