The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-06-02
IooscLupED.J


We presented to our readers on Saturday
the first portion of the speech of Mr.. WEBSTER,
delivered at Albany on "Wednesday last. The
New York papers of Friday evening supply us
with the whole of the speech, by which we are
enabled to resume at the point where we broke
Off
Why, gentlemen, mems opinions have so chang
cd on this subject, and properly-the world has
come 10 much juster sentiment-that we can
hardly believe that which 10 certainly true-that at
the peace of Utrecht, in l7l3, the English govern
menl insisted on compensation from the Spanish
government for having violated contract by
which the Spanish government had established the
unqualified and exclusive privilege to the British
government of importing slaves into her West
India colonies. That not then repugnant 10
public sentiment, but il is now. allude 70 1t to
show that the introduction of slavery into the South
ern States is not to be visited upon the generation
that achieved the independence OF this country.
On the contrary. all the eminent men OF that day
regretted it. And you, my young friends OF Al
bany, If you wi take the pains to go back TO the
debates Of the period from the meeting Of the first
Congress, in It'll mean the Congress of tho Con-
fedcration--to the adoption OF the present Constr
tuition, and the enactment OF the hrst law UNI
der the existing Constitution-anybody who will
make that necessary research will find that south
and southern States, as represented in
Congress, lamented the existence Of slavery in
far earnest and emphatic terms than the
States, il a feeble taper, just going
out-soon to end-and nothing was feared from il;
whilst leading men Of the South-of Virginia and
the Carolinas--felt and acknowledged that II was
moral and political evil; that II retarded the
of the free man, and kept back the progress
and success of free labor and said with truth-and
all history verifies the observation-"that, II the
shores of the Chesapeake had have been made as
free to free labor the shores OF the North river,
New York might have been great, but Virginia
would have been great ALSO" That was the sentl-
Na,x, ,,nIa cfofo IF To-
men, when the Constitution was framed, its franz
ers and the people who adopted il. came to clear,
express. UNREASONABLE stipulation and compact
There had been an ancient practice Tor many
years-for a century, for aughtI know-according
to which fugtives from service, whether appren-
tices at the North slaves at the South-that
fugitives should be restored. Massachusetts had
restored fugitive slaves to Virginia long before the
adoption of the Constitution; and it ID well known
that in the States hereinthe centre where slavery
exiated-they were restored. And it WIS held that
any man could pursue his slave and take him
wherever he could find him. Under this state of
things it expressly stipulated in the plaincst
language, and thereit sophistry cannotgoss
tit cannot be eraeed from the page Of the Const
tutionthere il stands, that persons held no service
or labor in State, under the laws thereof, es-
Gaping into another, shall not, in consequences of
any law or regulation therein, be discharged from
such service labor bat shall be delivered up up
on claim Of the party to whom such service or Ia
Dor shall DO due. Adopted without dissent--no-
where objected to, North South-consdcred as
matter of absolute right and justice to the south
crn States-concurred in everywhere, by every
State that adopted the Constitution; and we look
in vain for any opposition from Massachusetts to
Georgia. Then, this being the case-ths being the
provision of the Constitution, soon after Congress
had organized, in General washington's time, it
was found necessary to pass law to carry that
provision Of the Constitution into effect. Such
law was prepared and passed. It was prepared by
gentleman from northern State. II Is said II
was drawn by Mr.. Cabot, of Massachusetts II
supported by him and by Mr.. Goodhue, and
Mr. Scdgwick, Of Massachusetts. and generally by
all the free States. There not tenth vote
against it. 1t went into operation, and, for
time, it satisfied the just rights and expectations
of everybody. That law provided that its provi
sions should be carried into effect mainly BY the
State magistrates, justices Of the peace, Judges OF
State courts sherfs of State counties, and other
organs OF State authority. So things went with
out loud complaints from any quarter, until some
fifteen years ago, when OF the States free
States-thought it proper for them to pass laws
prohibiting their own magistrates and officers from
executing this law of Congress, under heavy pen
altes, and refusing to the United States authori-
tes the of their prisons for the detention ofper
arrested az fugitive slaves; that is to say, as
far as the States could go. Those of them to which
rcfer-not ALL but several-nullihed the law OF 93
entirely. They said "not execute it. No runa-
way slave shall be restored" Thus the law be-
came dead letter-aD entire dead letter. But
here was the constitutional compact-here was the
stipulation, as solemn rs words could form it. and
which every member OF Congress, every officer oil
the General Government, every officer OF the State
governments, from governors down to constables,
had sworn to support. Well, under this state Of
things, in 1850, | was of opinion that common JUS
tics and good faith called upon US to make a saw
fair, reasonable, equitable, just-that should be cal
culated 70 carry this constitutional provision into ef
feet and give the southern States what they we're en-
titled to, and what it was intended originally they
should receivc-that is, fair right to receiver their
fugtives from service from the State into which they
had fled. was Of opinion that it was the bounden
duty Of Congress TO pass such law The South in
sisted that they had right to it, and thought they
insisted justly. 1t was no concession-yielding no
thng-giving up nothing. When called on to fulfil
compact, the question is, will you fulfil? And,
for one, was ready will fulfil It by any fair and
reasonable act of legislation. Now, the law of 1850
had two objects, both of which were accomplished
by it, Fret, 1t was to mako the law more favora-
bic fer the fugitive than the law of l793 II did So
because it called for record, under seal, from a
court in the State from which the fugitive might be
said to have come, proving and asccrtaining that
he was fugitive, 50 that nothing should be left,
when pursued into free State, but to produce the
proof Of the identity. Next, it secured higher
tribunal. 1t placed the power in more responsible
hands. The judges OF the Supreme and District
courts OF the United States, and learned persons
pointed by them as commissioners, were to see TO
the execution of the law. Therefore it was more
favorable law, in all respects to the fugitive, than
the law passed under General WashiDgton's adj
minstration in '93. Now, let me say that this law
has been discussed, considered, and adjudged in
great many Of the tribunals of the country. 1t
has been the subject of discussion before judges
OF the supreme Court OF the United States-the
subject Of discussion before courts the most
spectacle in the States. Everywhere, on all occa-
sions, and by all judges, it has been holden be,
and pronounced 10 be, constitutional Law. So
say Judges Nelson, Woodbury., and all the rest of
the judges, as far as know. SO says the unan-
nous opinion Of Massachusetts, herself, expressed
by good court ever sat in Massac usets--its
present supreme court-unanimously, and without
hestation-and says everybody, eminent for
learning, and constitutional law, and good judg-
ment, without obstruction, without opposition,
without intermixture of dissent Of judicial opinion
anywhere. And hope may be INDUCED on this
occasion, gentlemen, partly on account of high
personal regard and partly of the excellence and
ability Of the production, to refer you all to
very short opinion of MIR. Prentice the district
Judge OF Vermont. [Applause.l True, the case
before him did not turn much on the question
oil the constitutionaiy Of the law, the unconsti
tutonaity and iilegality, and utter inaomissbiity
OF private men and political bodies setting up their
notions above it-on the idea Of the higher law that
exists somewhere between US and the third hca