The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-06-19

the shores of the Chesapeake had have been
made as free to free labor, as the shores
of North river, N. York might have been
great, but Virginia would have been great
also" That was the sentiment Now un-
der this state of things, gentlemen, when the
constitution was framed, its trainers, and the
people who adopted it came to a clear, ex-
press, unqucstionable stipulation and com
pact.
There had been an ancient practice for
many years-for century, for aught know
according to which fugitives from service,
whether apprentices atthe North or slaves at
the South-that fugitives should be restored. |
Massachusetts had restored fugitive slaves to
Virginia long before the adoption of the Con-
stltution; and tits well known that, in the /
States herein-the centre where slavery ex-
isted-they were restored. And it was held
that any one could pursue his slave and take
him wherever he could find him. Under this |
state of things, it was expressly stipulated,
in the plainest language there it stands; |
sophistry cannot gloss it-it cannot be erased
from the page of the Consttution-there It'll
stands, that persons held to service or labor
in one State, under the laws thereof, escap-
ing into another, shall not, in consequence
Of any law therein, be discharged from such
service or labor, Shall be delivered up, upon
claim of the party to whom such service or
labor shall be due. Adopted without dissent
nowhere objected to, North or South
considered as matter of absolute right and
justice to the Southern States-concurred
in everywhere, by every State that adopted
the constitution; and we look in vain for any
opposition of Massachusetts toGeorgia. Then
this being the case-this being the provis-
ion of the Constitution, soon after Congress
had organized, in Gen. 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. 1t
was prepared by gentleman from North
ern State. 1t is said it was drawn by Mr.
Cabot of Massachusetts,. 1t was supported
by him and Mr.. Goodhue, and Mr.. Sedg-
wick of Massachusetts,, and generally by all
the free States. There was not tenth vote
against it. Invent into operation, and, for
a time; it satisfied the Just rights and expecta-
tions of everybody. Thatlaw provided that
its provisions should be carried into effect
mainly by State magistrates, Justices of the
peace, judges of State courts, sheriffs ofState
counties, and other organs of State authority
, So things went on without loud complaints
from any quarter until some fifteen years ago
when some of the States-the free States
though it proper for them to pass laws prohib
: iting their own Magistrates and officers from
: executing this law Of Congress, under heavy
l penalties, and refusing to the U. s., authori
= ties the use of their prisons for the detention
y of persons arrested as fugitive slaves-tha
$ is to say, as far as the States could go. Thos
: of them to which refer-not all but severa
If -nullifed the law of '93 entirely. The
). said-"not execute it. No runaway slav
l shall be restored" Thus the law became
" dead letter. But here was the constitution
d al compact-here was the stipulation, as so
r emn as words could form it, and which ever
n member Of Congress, every officer of the ger
of eral Government, every officer of the Stat
lie governments, from governors down to col
u stables had sworn to support. Well, undo
he this state of things, in 1850, was of the {
le pinion that common justice and good fait
= called upon us to make a law-fair, reason;
r. BILE, equitable, just-that should be calcul
s, ted to carry this constitutional provision I'M
y effect and give the Southern States VIII
tn they were entitled to, and what it was inte
Ill ded originally they should receive-that is,
IT, fair right to recover their fugitives from Sc
ty vice from the State into which they had fie
lie was of the opinion, that it was the boundt
duty of Congress to pass such a law. II
lis South insisted that they had right to
"a and thought they insisted justly. It W
- -, oo,,ooeSi dino ,,ctI,;rc,
or nothing When called to fill compact, Il
in question is, will you fulfil? And, for on
We l was ready. Twill fulfil it by any fair al
| reasonable act Of legislation. Now the Il
it of 1850 had two objects, both of which we
ed accomplished by it.
Ter First, it was to make the law more favor
re- bic for the fugitive than.the law of 1793.'
IN 1t did so because it called for record, U
an der seal, from a court in the State from viii
. the fugitive might be said to have come, p
vo- wing and ascertaining that he was fugiti
es, SO that nothing should be left, when pursu
nd into free State, but to produce the proof
identity.
Its Next, it secured niger tribunal.
zen placed the power in more responsible han
had The Judges of the Supreme and Dist
OF Courts of the United States, and lear
IN persons appointed by them as commissions
ed, were to see to the execution of the law
olo- Therefore it was more favorable law, in
ms respects, to the fugitive, than the law pas
and under General Washington's administrat
u"h in '9S.
be- Now, let me say that this Law has b
at discussed, considered, and adjudged il
Hsh great many of the tribunals of the couu
rom It has been the subject Of discussion be-
ated judges Of the Supreme Court Of the I'm
tent States-thc subject of discussion before CO
siye the most respectable in the States E,
I'M where on all occasions-and by all JUG
les lit has been holden to be, and pronour
anti to be a constitutional law. So say juc
how Nelson, and Woodbury., and all the resi-
Sou the judges so far as know. Sosays the a
the imous opinion Of Massachusetts, herself
ence pressed by as good a court as ever sat in ]
the sachusetts -its present Supreme Court.
And unanimously and without hesitation ant
will says everybody, eminent for learning,
8 Of constitutional laW, and good Judgem
Con- without obstnetions, without oppose
the without interInixture of dissent ofjudie
ssent pinion anywhere And hope Imay be II
first eed Oh this occasion, gentlemen, partly
-any account Of high personal regard, and b
arch, oftheexcellenee and ability ofthe produc
outh- to refer you all to recent very short OPT
yress, Of Mr.. Prentice, Che District Judge Of
far mont (ADplause Trnn the case b