The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-03-06

Of its rivers aud harbors We have now a bill
before us making some amends for this long de-
lay, aud yet this bill must 20 over, among other
measures, to give place to this agitation. We
have, also, all the appropriation bills yet to be
acted on, while the whole body Of private bills is
entirely neglected
In this state of things, had really hoped that
we should not have any discussion upon the sub
ject which has now been unfortunately introduced
into the Senate. desire, and at future time |
expect, to discuss these questions but do not
wish that they shall be dragged into debate to
the entire exclusion Of the public business OF the
country.
1t does seem remarkable, Mr. President, that
the very Senator who has most vehemently de-
nounced agitation and agitators, should himself
have brought before the Senate during this ses-
sion almost every question relating to slavery
which has received any degree Of consideration.
A memorial relative to the African slave trade
was brought into the Senate by the honorable
! Senator from Kentucky, and on his motion re-
ferrcd to a committee, he making speech which
| led TO discussion. The matter now before us has
received its introduction here from the same dis
| tinguished source and believe there has been
| but one occasion upon which the slavery question
has been debated in this Chamber, at this session,
| upon which the honorable Senator from Kentucky
| did not himself introduce the proposition which
| gave rise to that discussion And yet we were
promised peace, aud quiet and harmony, as the re-
| suit of the slavery measures of last session.
| never did believe, | do not now believe and,
until future developments shall satisfy me of error,
never shall believe, that the measures to which
the sanction of this body was then given will be
productive of quiet and harmony. We have been
told here to-day, that those measures in which the
South concurred were passed. by Southern votes,
while those measures which received the sppro-
baton of the North were passed by Northern
votes. Now, is quiet and harmony to be expected,
when the parties who are to form the Compromise
are neither Of them satisfied with its terms?
When each party rejects that portion of the
Compromise which is distastefdl to its particular
section. how can it be considered settlement
Sir, it is not settlement. II has no attribute Of
a settlement This one Fugitive Slave act, to
which the attention of the Senate is now called,
will of itself produce more agitation than any
other which was ever adopted by Congress
Here in my place opposed the passage Of that
measure. | opposed it, because believed with the
Senator from Massachusetts, now no longer
member of this body, Mr.. Webster that the
obligations in regard to fugitves from service
which the Constitution imposes were deyolved
upon the States. believe, with the Senator from
Virginia, Mr.. Mason that it is "a Federal obi
CATION and agree with the Senator from South
Carolina, Mr. Butler, that it is "a compact be-
tween the StstesD IL is a compact to be executed
by the States, as the other compacts in the same
article are TO be executed, in good sln, and each
State is to be the Judge of the measure of its
stitutiona obligations and Of the particular legs.
lation which is necessary to fulfil them. Now,
what was the state of things some twelve years
ago7 1t will be remembered that at that time
the transaction occurred out Of which originated
the Prigg controversy At that time New Jersey
LoI L. If f,,
gitives from labor-Pennsylvani had her laws,
agreed upon between the Legislature Of that
State and commissioners sent from Maryland for
the purpose of procuring the action of Pennsyl-
vania upon the subject Ohio had her law,
founded upon the application Of commissioners
from Kentucky, and sanctioned by their approba-
ton | am bound, In passing, to say that they
never received my approval, but they did re-
ceive the appreciation Of a majority of the rep
rcsentatives Of the people, and they were con-
Cured in as sufficient and satisfactory by the
commissioners from Kentucky. Indiana had her
laws, Illinois had bers, and Iowa had her laws
And so, Mr. President, from the Ocean almost to
the base of the Rocky mountains, there stretched
an unbroken chain of State legislation, making
ample provisions in relation to this subject This
being the state of things the Supreme Court, in
the case of Prgg against Pennsylvania, decided
that the States had no constitutional power to
legislate upon the subject. That decision swept
the whole of this legislation from the statute
books. 1t broke it all up from the Atlantic, as |
said before, to the base Of the Rocky mountains.
ID abolished the whole of it. Then, of course it
became impossible to reclaim fugtives, because
the decision of the Supreme Court had made it
impossible. | believed then, and believe now,
that that decision has practically cxpunged the
fugitivc-scrvant clause from the Constitution.
~. @ g.
Ohio will permit me to make one remark, to put
myself right.
- Mr.. Chase Certainly w.
Mr.. Butler. The Senator from Ohio has pre-
sentcd my proposition not exactly as | would
make it, | never have contended, that under any
contract or Federal Obligation it was exclusively
the jurisdiction of the States to carry out this
law. That was not my proposition My propo-
sition always has been in conformity with the
Judgment of Chief Justice fancy, that while the
States could pass laws in aid Of the Federal law
and law Of Congress they were prohibited from
passing any law to interfere with the constitu-
tiosal obligation That is my propostiop-not
that it il exclusively devolved upon the States,
as might be inferred from the construction which
the Senator from Ohio put upon my language,
but that the States were prohibited from passing
any law interfering with this article of the Con-
stitution, but they might pass laws to aid in the
execution Of il, aud it was their duty to do so.
That is my proposition.
Mr. Chase. agree with the honorable Sena-
tor from South Carolina then, TO this extent that
the provision Of the Constitution relating to fugi-
tives from service is an article Of compact be-
tween the States This proposition being estab-
lished or conceded, it will be extremely difficult,
think, for any legal mind, by any train Of logi-
cal argument, to derive from that compact be-
tween States any power Of the Federal Govern
ment IL that power exists, | say to the Senator
from South Carolina, that it may be invoked in
regard to hose 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 propriety that it can be in
yoked with regard to fugitives from service.
believe each State is the Judge to the character
OF the compact, and the extent Of the obligation
created by it. 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. IL is in my judgment, not the
proper time; and il is too broad a question to be
discussed upon the spur Of the moment, and in
debate like this. will, however, add q word in
regard to the practical effects Of the law of the
last session
IL has been said by the Senator from Kentucky,
Mr. Clay that that law has received as full an
execution as could be reasonably expected. He
has instanced the case in Indiana where white
persons we're surrendered as slaves. He said that
these persons were as white, to all appearance as
himself, or the Senator then occupying the chair
That | understand to be the fact. But do not
understand any 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 In
dian blood, but ! do not understand that there
was any African blood. Now, what were the
facts there, and when was the frst mob q! So far