The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-18


the Senate in concluding this remark that you might
well expect 10 keep maniac asleep by lullabes TO al
tempt 10 restrain the course OF agitation upon this sub
Ject.
Mr.. HALE, Mr. President
| Me- BADGER. | suppose my motion is to be re-
The PRESIDENT The senator withdrew his mo-
uon and cannot therefore IL while another person
Mr.. HALE. | am exceedingly gratihed at the remarks
the honorable senator from South Carolina has made
and think there ID good deal OF truth in them But
waa To call the attention OF the Senate TO this consdefa
ton in the disposition of this question take II II will
be conceded by everybody that i desirable to have our
laws that pass, particularly our quescent laws, UNI
form in their operation. have not read all the news
papers, and not posted up IN regard 10 The proceed
ngs which have been had under this law in the several
States; but think know how they have operated in
three OF the States OF the Unon and more adverse ope-
ration OF simple law cannot possibly be conceived;
! and this is why think there is little more
Legislation seeded. For instance. IN the State OF New
York, the law has operated in this way: slave has
been seized III that State, and sent back TO his master
and suppose sold That carrying out the Objects OF
the law according 10 It's full intent Well, sir. in Penn
syvana the second State have noticed, free man has
been kidnapped aud sent into slavery.
Mr. CLEMENS lis not so. ~.
Mr.. HALE But II 80 happened that the individual to
whom the Tree who kidnapped in Pennsy wanna
of the law and he sent him back to freedom again
That has been the operation IN Pennsylvania Well,
when you come to the third Stae-Massachuselts--
what has been its operation there learn from the pa
pers have received this morning that alleged slave
has been arrested there under the law and has been Ia
ken by mob out of the United States COURTROOM and
liberated y.. ....r. .e
Now sir, there is not much uniformity in the opera
ton OF this law in these three States In New York il
takes the slave and sends him back III Pennsy lvania
1t catches Tree man and IN Massachusetts 1t submits 10
mob. would suggest, therefore, TO the Senate, under
these considerations, whether if uniformity OF operation
is desirable, there is not necessity Tor little more
legislation IL is possible may want TO make The law
little more stringent
There is distinction attempted to be drawn by the
aor from North Carolina [Mr BApSERl between this pc
ulion and the bill introduced by the senator from lnd
ana, Mr.. BRGHT,l in which IL seems to me the senator
who drew il exceedingly unfortunate because he
says that the bill of the senator from Indiana was TO
declare what Ike meaning OF that law was, whereas this
petition is Tor the alteration OF the law. Now, trust 1t
too late in the day for the Senate and House OF Rep
resen,aves TO undertake soemnly TO adudIcate by act
of Congress what was the legal operation OF the act
which was passed year ago. think the Supreme Court
would be justified in sending Injunction against our
proceeding any further such wild goose hunt as
that because if there is thing that does appropr
aely belong TO the department OF the judiciary in gov
eminent OF divided powers, the powero consrung laws
peaed by the statute which passed year ago. be-
longs exclusively to the Judiciary. SO think that that
argument operates against the introduction OF the bull OF
the senator from Indiana and in favor OF The introduction
OF the peton because the petition pays us to DO what
clearly authorized TO do, and the bill calls upon
us TO do that which would be, IN my humble Judgment,
manifest usurpanon upon the prerogaves OF the judi
cary and would be entirely nugatoy when was done
| In the discussion OF this question last year. one OF the
| III
my friend from Kentucky, Mr. CLAY undertook to lay
down the distinction that should guide us IN receiving
and rejecting petitions. may not use the very words
he used but give his idea winch was, that ii the
law operate upon the people that pe,l,ionf is 10
be executed amongst them and is TO be tell among and
upon hemthen they clearly have right 10 petition and
consequently bound TO receive their petition. That
IS Just exactly this case; II rs case where law
go into operation in the Tree States 1t is to operate
upon citizens of the free States, 1t imposes duties upon
them, and puts them under heavy responsibility, and
therefore comes exactly within the predicated by
the senator from Kentucky where there was clear right
OF petition, and corresponding Obligation on our pafi 10
at least we will have the honorable senator from Ken
lucky against the reconsideration of this motion to refer
this petition. ....... ...... ......r
But has been said about the right OF petition
by senators my right and left. lie, say, Tor one,
that do not attach any great value 10 the right OF pe-
ton here TO this body The rgnt OF petition should be to
the people. There is where intend 10 put up my petit
ton and If have any speeches TO make which will pro.
duce any effect, will make them there have tried II
long enough, and seen enough 10 know that petition.
ing and making arguments in this place do not 60 Tor
much and il these petitioners would listen 10 me, i would
tell them 10 spend their breath in agitation al home among
themselves.
Some men, Mr. President, TO eschew the ephet
of agitation. Sir, everything that is valuable IN the IN
suuuons We enjoy is the result OF agitation IS only
error that skpks from IT. Truth does not lear It. ii
the motto Of Jefferson that error itself might be
tolerated long truth was left free 10 combat IT =
Now, instead OF trying TO wash my hands OF the stain
of agitation, glory, sir, in what little may have done
to merit the IN which O'Connel rejoIced 10 merit
the name OF those through whose eXerlons IN all
times past, whenever political salvation has been
wrought out, II has come Yes, sir, when there is no
agitation there stagnaon, and when there is sagna-
ton there is etd corruption, and death ensues. But sir,
agitation is great element OF lie Ii was agitation
from which the American revolution sprung into being
1t agitation that gave birth to the American const-
milon II is the lie-blood OF everything that we have
that is valuable and when agitation ceases, all that there
is our institutions that is worth having whefs under
the ietd exhalaons that spring up from that putreiac
ton and stagnaton that must ensue when the lite glvng
element OF agitation Is Withdrawn. No, sir, glory IN
the name OF "agator" | wish the country may be
az tailed vastly than il Is The great fault OF the
times is thai there rs not half enough OF II. The peo-
pie asleep many OF them, ald they require agitation
and nobody but those who huggng these erors-vtal
errors-bave anything TO fear from that lIiegivIng ee
ment which alone impaired healing virtues TO the pool
that lay before the beautiful gate OF the Temple at Jeru
salem, into which nobody could step and be healed unt
the angel first came down and agated the waters.
| Mr. BERRlEN. Mr.. President, when the senator
from New Hampshire advises his coagators TO transfer
these speeches. calculated # Intended TO produce ex-
element among the people OF this Union IRON The Sen
chamber TO the stamp, II would have been gratifying
ii he had enforced his precep by example.
But, sir, rise for the purpose OF calling the attention
OF the Senate the OF this memorial that has pro-
duced this discussion. PROFESSIONALLY il was by an
oversight that the vote OF the Senate 10 refer II TO the
Committee the Judiciary taken. Sir, what Is this
memorial We told that the slgners OF this paper
are respectable persons. What evidence is there IN The
paper which presented to the Senate that this memorial
signed by these lnd ylduals Here (holdng up
the memorlaD are several sheets OF paper on which
inscribed, and the top OF thus paper pasted
printed memorial There rs not the slightest evidence
upon the face OF the paper that that memorial was eyer