The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-03

~ Wv oVs u&s - NY PaofO"ss&0bs
Mr.. CHASE. aRree with tho honosable
senator from south Carolina, then. to this OK
tent, that the provision Of the Constitution re-
lating to fusitives from service is an article OF
compact between the States. This proposition
being established or conceded, it will b. cx-
trcmely difficult, think, for any legal mind, by
any train Of logical argument to derive from
that compact between Suites any power Of the
federal government II that power exists, | say
to the senator from South Carolina that it may
be invoked In regard TO those colored citizens
Of Massachusetts who are confined in the jails
OF Charleston, under the police regulations Of
the city or State, with precisely the same pro-
prlety that it can be invoked with regard to flu
gitiyes from service. believe each State is the
Judge as to the character of the compact, and
the extent of the obligation created by il. That
is my opinion, and upon that opinion base my
action.
In my judgment, the action of the Supreme
Court invited. and indeed created, much Of the
difficulty in which this subject Is now involved.
do not propose to 60 into any full discussion
Of this matter now. II is, in my judgment, not
The proper time, and it is too broad a question
to be discussed upon the spur of tho moment
and in a debate like this will, however, add
word in regard to The practical effects of the
law OF the last session.
1t has been said by the senator from Ken
lucky Mr.. CLAY that that law has received as
full an execution could DO reasonably expec-
ted. lie has instaDced the case in Indiana, where
white persons were surrendered MS slaves. He
said that csc persons were as white to ali APP
pearance as himself. or the senator then occupy
ing the chair. That understand to be the fact.
But do not understand another portion of the
statement of the honorable senator to be strictly
correct. do not understand that there was
any African blood in their veins. There might
have been some Indian blood, but do not I'M
dtrstand that there was any African blood
Now, what were the facts there? and when was
the first mob? So far as the public accounts
have reached me, they state that those persons
were originally seized in New Albany, in the
State of Indiana, and taken over to Kentucky
by the claimant, on his way southwark ; and in
in the State ofKentucky, near HawesvilIe, these
persons were rescued from the claimant by force
IA mob, if you please--and brought back to
New Albany, where an investigation of some
kind or other was had /; | do not know what it
was. The result, it is true, was, that they were
surrendered and taken over to Louisville, where
they were ransomed by the humanity of the
citizens Of New Albany, assisted, have no
doubt, by the generosity of the citizens of Louis
vile.
The senator then referred to my own State,
and instanced two cases in Cincinnati In re-
gard to the first OF these cases, know little be-
yond what the senator has already stated. He
has said that one interesting female was ar
rested, taken before a commissioner, tried, and
then surrendered to the claimant. saw the
statement, which purported to be copied from
one of the Cincinnati papers. in watch it was said
that this interesting female had lived for several
years in that city, passing among her neighbors
AS white woman, but was arrested and taken
before commissioner, and it was doubtful what
the final result woudbe. That is all that have
seen upon the subject. What the final result
was do not know But what was the second
case? A servant was brought by her master
into the State. BY the judicial decisions of the
State of Ohio, when once within the State by
the consent Of the master, the slave is free--is
enfranchised. She Observation-Disclosures by ad-
vice or not know MOTTO remain, and not re-
turn with her .iaster. He seized her, and took
her before a commissioner. The State court of
common pleas issued writ of habeas corpus,
upon which the parties thus apprehended were
taken before that court, and an investigation in
regard to the right was proceeding when the wo-
man herself ayowed her desire to return with
her master, and Of course she went
| shall not 60 further in the examination of
these cases. They are not numerous enough to
found conclusions upon. either one way or the
other, as to the probability of the effectual exc
cution of the fugitive act The only fact that is
perfectly apparent is, that every case of seizure
will be strictly contested and, if the right is es-
tablished, a surrender will be made unless vio-
lence is interposed. But agree with senators
near me, who have said that this right was not
of any practical value, because in every such
case there must be an expensive contest. Law
yers will be employed on both sides, and the ex-
pense of the contest must be defrayed, and in
nine cases out of ten it will equal, if not exceed,
the value of the fugitive recovered. do not,
therefore, consider it right of great practical
value. 1t is not a right which can be in the ma
ture of things easily enforced. The senator from
Kentucky adverted to that sympathy which must
always be felt for fugitive fleeing from slavery.
1t is~not in the human heart to withhold that
sympathy. You cannot legislate it from the
breast. Add to this sympathy the conviction
very generally felt that this law is unconstitu-
tiona, either from defect of power in Congress
to enact it, or because the provisions of the law
conflict with the terms of the Constitution-add
to this conviction the public sentiment of hostil-
ity to the institution of slavery ITSELF and it be-
comes very obvious that the law cannot be exc
cuted to any practical extent | do not believe
it will be. ] agree so far with senators who
have spoken upon this subject What law can
be executed in the presence of an indignant
community, by whose sentiments, by whose
deepest convictions the law is condemned!
think it squite as well to tell the plain language
as use language winch can only niislead
And now what is this late transaction--the
notus Dec rindice dignus7 Why. in the city of
Boston it so happened the other day, that an in
dividual claimed as fugitive slave was arrested
and taken before commissioner In the pro-
gress Of the investigation considerable number
of colored persons were present The unfin.
ished investigation was adjou ned over to a fu-
ture day. The commissioner and the audience
had left the room. In consequence of that pro-
vision of the laws of Massachusetts which de-
MES to the United Ststes the use of their iais
for the purpose Of OBTAINING fugitive slaves, it
was necessary to use the courtroom az prison
No persons remained in this room except the
marshal and five or six of his assistants. and one
or two other persons. Everybody had gone
away from the courthouse, except some fifteen