The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-26

in my place, and the relations which bear to
that iunciioassTy, he did not begin right
In the first instance which occurred IN the
city Of Boston the case of Crafts---my recol-
lection Of that is that tbs claimant findlng that
although the law was not then to be resisted by
force, it was 10 be resisted just efectually by
colusion, evssions, delays, and prevarications--
when that was brought to the knowledge OF the
President by communication direct from the
claimant then prosecuting his claim there, the
President Informed him, the public press
announced, that he could not act upon mere
newspaper fugitive paragraphs or reports-that
something like evidence Of negligence upon the
part Of officers must be brought him before ne
could act The history of that case shows that
the negro fugitive slaves--the Crafts-escaped
from their masters in that instance, in conse-
quence OF the delays, prevarcations, and eva
sons of those to whom the administration OF
the law had been entrusted; and it was the duty
of the President if sufficient evidence was not
furnished him, to have called upon the officers
of the law ut once to furnish that evidence, and
to have dismissed those Officers--I mean the
marshals-when he found that these delays and
evasons had taken place; but he did not do it.
| do not mean to say that he was conscious of
any neglect Of duty in not doing it; but do not
mean to say this, that il that law can be effect
| ualy enforced for the preservation of this spe-
cies of property when it gets among the people
of the North it must be enforced with alacrity,
with zeal, with cordially, Ms they would enforce
law Of their own. 1t must be enforced from
the purpose and desire Of the people, where the
law is to be administered, to carry it into exc
cution They must aid and assist, and coun-
tenance and encourage, those who 60 there to
recover their property; and they must not
throw all sorts OF resistance, and difficulties,
and obstacles in the path which they are pur-
suing.
| Sir, in the case of the Crafts, the negroes
escaped by the presentations, and delays and
evasions Of the officers charged with the execu-
ton of this law and the muster lost his property.
How il it in the present instance--the instance
calling for the message which we havej at heard
from your table? The fugitive was arrested
time was given him presume properly given
him Ito make out his case, and there was no
place where they could conine hm--none what
ever. The officers who had him in custody, us
| the papers show, had no place where he could
be confined, except in the court room of the
court; and they undertook to detain him there
some three or four days-from Saturday over
to Tuesday-when he was given to be tried
and in the mean tine band Of lawless negroes
who always assemble there on such occasions
came violently in and rescued him from those
officers? Where WAS this done In the State OF
Massachusetts State upon whose statue-book
there are now laws, adverted to by the President
in his message, prohibiting the use of the jails
for detention of such fugitive, and making il
penal upon any officer whatever Of the Com
monwea'th to lend any aid either in his arrest
or detention ! say, then, sir that il is perfectly
idle to denounce population who tolerate, as
/ the population of Boston did tolerate, this out
| rage upon the laws. It is perfectly idle TO de
nounce the population Of any community wher
their laws not only tolerate it, bat demand it a
their hands, and those laws are yet existing il
full force and unrepealed
! go one step further. The legislature o
Massachusetts has been in session since the Law
of the last session passed, if am not misin
formed They were informed of the exigencie
aud demands of that law, and their statute We
remains unrcpealcd. Now, put it to the com
mon sense Of the country--I need not put it +
the intelligence of this Senate-to answer m
whether, in community where such law
exist under the sanction of the law-makin
power, there will be anybody idle enough to al
tempt to suppress these instructions Mt the tim
when they occur Sir, the honorable senate
from Kentucky, Mr.. CLAY, in the denuncia
tons which was gratified and pleased to hea
him level against the federation of this high oil
fence in the city of Boston, if ne will allow m
to say so, did not go far enough. have gon
one step further. / have denounced the State o
Massachusetts for being false to her federal oh
legations say sir, false to her federal obliga
tons; for she is party to this compact il
which she agreed to have consideration tina
fugitives of this character should be deiveret
up. What is her law Her law, as have said
not only refuses TO give the use Of the jails TO
the detention of these fugitives, but makes /
penal upon any officers Of the Commonwealth
whatever to arrest or detain or to mid or abet il
arresting or OBTAINING, fugitives Sir, the hon
orable senator from, Kentucky should have gon,
to the State of observation-disclosures to the of
fence where it exists, in the law-making powe
AS well "a to denounce this rabble of negroes
who had it in their power to commit this breacl
Of the peace within the limits of the State, tol
Grated, if not encouraged, by their statutes.
have sent for the law, sir. The second section
to which the President has adverted, is in thes
words:
"No sheriff, deputy sheriff, coroner, constable
jliler, or other officer, Of this Commonwealth
shall hereafter arrest or detain, or aid in the ar
rest or detention, or Imprisonment in any Jail o
other building belonging to this Commonwealth
or to any county, city, or town thereof, of an.
person for the reason that he is claimed as flu
gitive slave"
That is the law Of Massachusetts, as under
stand, at this day. The third section reads thus
"Any justice Of the peace, sheriff, deput
sheriff, coroner, constable, or jailer, who shall
offend against the provisions of this law, by il
any way acting directly or indirectly under tn
power conferred by the third section Of the &C
of Congress aforementioned. shall forfeit a sun
not exceeding one thousand dollars for ever
such offence for the use of the county wher
said offence is committed, or shall be sub
ject to imprisonment not exceeding one year il
the county jail"
That is the present law of Massachusetts, tn
law of the last session of Congress- to the con
trary Notwithstanding. Now, submit it to tn
Senate, / submit it to the country, whether nm
people whose lawgvers have passed that law
and allowed it to remain unrepealed on tn
statute-book until this day, do not tolerate, d
not encourage and countcnance, offences sue
I'LL d.