The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1851-04-04
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II has none Of the attributes
Of a settlement. This very fugitive slave
law. 10 Mhich-she- attention of the Sen;
ate has now been called, will OF itself
ppoduos more sgi,saiomF siisn any other
which has ever been adopted BY Con:
i MI Piesideos, here ia. my place l op,
posed the passage Of this fugitive act.
1 opposed il for the reason, among Others,
hecsuse believed with 4 Senator fioW
Massachusetts, now no longer Of ,his
body, that the obligations which the
constitution imposed in respect to fugiiyes
from labor devolved upon the States. ]
,seree with the Senator from Virginia
(Mr. MAsor) that ,he clause relating to
fugi,ives from service creates" a federal
obligation" And I concur with the
Senator from South Carolina- (Mr. Bur.
LHRl iE the opinion tha, il constitutes "a
compact between the States.n II 10 a
compact 10 be executed by, the States,
Just ss. the other compacts ii the same
article are TO ,be executed, 10 good faith,
but each State is 10 Judge Of the extent
Of lie own obligation, and nf shaparticnlar
legislation required to fulfil them. Now
sir, let US refer TO the state Of tlings
some twelve years ago. Il, Siii be rem
embered that Ahou, that Tins the transac;
lion in which tho Piigs cater 6riginated
occurred. Then New Jersey, bad her
l,ws providing for ihe restiivtien of fugi-
lives, from nservics. : Penns5Avsnia had
her laws, TOO, agreed uponby cemmission'
ers SORT rom Ma ylaud for the purpqse d
procuring her action dpoh life subject.
Ohio had her laws which also originated
in the application OF commissioners ftom
Kentucky, and received their apProba.
iion. am bound, in passing,to say that
!, never received mine, but Il did receive
the appreciation Of the majority OF the
representatives Of tho peoples, and was
concurred in as sufficient and satisfactory
by .he commissioners from Kentucky.
Indiana had her laws; Illinois bad hers:
iowa had hers. [., ,f
So, Mr., President, from the ocean al
most TO the base of,he Rocky Mountains,
stretched an unbfoken chain Of State
Legislation providing for the reclama,ion
of escaping servants. This being the
state Of aff,irs, the Suprem, Cour, in
the case OF Pripg against Pennsylvania,
decided that the States have no. constitu-
i'onal power 10 legislate upon the subject.
Tha, decision swept the whole Of this
Legislation from the statute books. Il
swept il all away from the Atlantic, as I
said before, TO The base Of the Rocky
Mountains II abolished the whole Of
il. Then, Of course, Il became impossi.
BILE to reclaim fleiiives. The decision
OF the Supreme Court made il impossible;
and believed then, and I believe now,
that decision prae iically expunged the
fugitive slave clause from the constitu.
lion. ~ '!'a i''''
Mr. Bursna. viii The Senator allow
no 10 bn, myself right The Senator
rom Ohio has presented my proposition
lot exactly as | would make n. Il never
lave ,con,endcd thar Under an SpmpactI
" federal .abligsiionAit was exciuslvslv
The duty Of the States 10 carly out thi.
law. Tha. is not my proposition. Ny
has always been in conformity,
with that Oft Chief Justice fancy, that
whilst the State could pass laws to aid
my law Of G. ngress, they were prohibi.
ed from passing any law 10 interfere
vith a constitutional doctrine. That is
ny proposition; not that il exclusively
|evolvsd on tie States, as he has inferred,
ui the States were prohibited from pass
ng any laws to interfere with The en-
Of this article Of the consiitu-
ion; but they might pass laws 10 aid il.
Mr.. chase. Iagree with the honorab-
9 Senator then 10 this extent: sthat the
ug;tivc clause OF the constitution cons.
iiutes an article Of compact .b1,ween
he States; and think, this proposition
nee before established, il will be ex.
reme!y difficult, for any legal mind, by
ny irain OF logical reasoning, 10; derive
rom iha, compact between States a
'ower Of legislation to the Federal Go.
ernment. II that power. exists, Say to
be Senator from South Carolina il may
e invoked ia regard 10 those colored
itizens Of Massachusetts who. s.sre con.
ned in The jails Of Cbarleston, under
olice regulations relating 10 free negroes
'ith precisely the same prNprieiy ,ha, j,
an be invoked with regard to rfugi ives
Iom service. Irepeat that IN ny judg-
lent each State mus, Judge forliiself as
, the character oe the compact, and the
xtent Of the obligation created, by til
he contrary doctrine. promulgated by
,e Supreme, Court has invItsd,. and 'in.
eed,. created much ofs the difienlty IN
'hich this subject is now ipasslsed., ~
o not propose to 60 into anyafdll dis.
nssion Of this matter now This 10 not,
, my judgement, the proper tiigs. Il is
20 broad a subject 10 bo discussed upon
70 spur Of the momen. 10 debate like
,is. i will however say something Of
- ~fy,,as~ cf sh, 4. -. ,e Al =. 4. "A