The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-05
DEFERRED ATE
THE BOSTON SLAVE CASE.
I Continued. |

I(OHfUecN.
Mr. RHETT. / do not assent to the opn-
IN expressed by many senators here that this
iw will be enforced, or that it will be so prac-
ally enforced as to provide what many of its
riends anticipated-a good and sufficient guar
lntee for the rights of the South. Sir if sup
posed so, whatever opinions had of the law
Itself, would say nothing. think what the
Gentleman from Georgia said at the conclusion
IF his speech, shows very clearly that he can
hardly have much faith in the act as it exists,
Tor the latter part of his speech was applicable
Entirely to the necessity OF State legislation.
Mr. BERRIEN l hope the senator will
iraw no inference like that which he has stated
from any declaration which have made. have
invoked State legislation as an easier mode of
removing distractions to the enforcement of
this law--asa mode preferable to its enforcement
by the arm of power welded by the authority
Of the general government.
Mr.. RHETT. 1t is because | am satisfied
that what the senator from Georgia has said is
true, that think this government has it not in
its power to enforce this law SO as 10 make it
efiicacious
Mr.. BERRIEN have not said that ii snot
in the power Of this government to enforce it.
Mr. RHETT. know that; said that my
SELF Iagree to that portion of the remarks of
the honorable senator from Georgia; | assent
to every position he took, so fur as State legis-
ton is concerned believe that by the action
of the States, and the States alone, the rights of
the South can be maintained and enforced. And
when he concluded his speech on this subject,
by pressing so earnestly on the Northern States
the propriety and necessity Of legislation, by
which the Constitution should be enforced and
the rights Of the South guaranteed, he fell en-
ireiy in the course Of opinion which | myself
entertain. But think that all the senator from
Georgia read from the message of the Governor
of New York was entirely prior to the decision
of the case of Prigg and the State of Pennsyl
vania. He read from the message of Governor
Marcy. If understand the principles of that
decision in the case of Prigg against the State
of Pennsylvania the Supreme Court go so far
as to say that the whole duty of fulfilling the
article of the Constitution in relation to the
reclamation of fugitive slaves deyoves upon
the United States government, and the United
States government Alone 1t was in cOnse-
quence of that disastrous Observation-Disclosures
| think, to the interests of the South, and con-
.rary, as l think, to the Constitution of the
United Statcs-that the Northern States took
advantage of it, and they then passed laws with
drawing all aid or cooperation whatever for the
pIUbCCtiOi VI TIC koOuu VII tiiio SICAt PoiHl. II
could suppose that the principles laid down in
hat decision-if could suppose, with gentle
nen who have spoken here, that even though
nese principles are not correct, they yet can and
i'll be enforced, although would by no means
ne instrumental in either voting for them or en-
forcing them, yet would be satisfied that the
superior judgment of others should prevail, and
that while the South was practically protected
in her interests others should be satisfied TO do
it in conformity with their view of the Consti-
tuition.
Sir, the law is not always a law. There is
% lawyer who does not know that There is
obody living in any country who does not
enow it, and especially in free country like
nis. A law to have its practical effect, must
love in harmony with the opinions and feelings
f the community where it is to operate. In
mis- case no one can doubt that the feeling OF
he whole and entire North-whatever may be
heir submission to what they may consider to
the supreme law of the lands opposed TO
lie institution of slavery, and opposed to this
iw Now, you may multiply officers as much
you please; you may make every ship q
SON. you may make every custom-house a
ard-room you may, in all your great centra
.ints, make every effort you can for the pur
Sc honestly of enforcing the law; nay, you
ay have large majority in all the free State
favor Of its enforcement and yet, if there b.
formidable minority that determine upon TIL
efeat Of the operation Of the law, they can de
eat it, and they will defeat it. The recover
If fugitive slave is not merely the case of
'erson coming into court II is not merely
case in which the law should be enforced b
courts. The fugitive slave may be concealed
sworn out of court; thousand articles ant
xpedients may be resorted to, by which th,
.iaveholder will be unable to recapture his slave
" the slave, when regained, will be rescued
Although the government may be perfectly
honest in its determination to enforce the law,
although You may legislate with the utmost
rgor, yet, after all, the statutes may be nothing
more than 80 much waste paper, of no use but
to deceive those who are willing to be deceived.
As my honorable colleague very correctly said
the other day, ont Of fifteen thousand slaves at
the North-and have seen n statement myself
putting the number at thirty thousand--how
many have been recaptured? Some fifteen have
been taken in eight or nine months; and in
every case in which there was any dispute it cost
the master more than the worth Of the slave. i
know Of n case which has been communicated
TO me very recently Several gentlemen in
Maryland, on the Eastern Shore knowing that
they had fugitive slaves in Philadelphia, agreed
that one should go and endeavor to recapture
his slave, and if he succeeded the rest would en-
deagOr to do 80 likewise. The gentleman went
armed with the proof of the identity Of his slave
10y the presence of several of his neighbors, but
when he got to Philadelphia embarrassments of
one kind and another were thrown in his way
false swearing to to the identity OF the person
was resorted to, and he was defeated. Blacks
IRE allowed to come in and swear before the
commissioner. do not object to it; have no
light to say anything concerning It, But al
though there was direct proof Of the identity Of
the slave blacks in all numbers swore that they
had known the slave many years before, and
thus proved an abb. The same thing was at
tempted with respect to the case of Henry Long
in New York. The commissioner may always
If he think proper in this conflict Of testimony
discharge the slave. Thus even with the law
itseif, and your law officers, impediments can be
thrown in the way, and eypedients can be re-
sorted TO, by which practically the law can have
no effect. II is on an examination Of these facts
that have come to the conclusion that this law