The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-06-09


| usage in former cases-and these things may be
| regarded as settled. But then there another
subject, equally agitating and equally irritating
| which, in its nature, must always be SUBJECT to
| consideration proposed amendment, and that is
the fugitive slave law of 1850, passed at the
| session Of Congress.
Allow me to advert very shortly to what con-
slider the ground of that law. You know, and
| know that it very much opposed in the North
| ern States; sometimes with argument, not unfair,
often by mere ebullition Of party, and often by
| those whrlwinds of fanaticism that raise dust
| and blind the eyes, but produce nothing else Now,
gentlemen this question of the propriety Of the
| fugitive slave law, the enactment OF some such
law, is a question that must be met Its enemies
| will not let it sleep slumber. They will "give
neither sleep to their eyes nor slumber to their
eyelids" so long they agitate it before the
people. 1t is with them topic, desirable topic,
and all know, who have much experience in polit-
ical affairs, that for party men, and in party times,
there is hardly anything so desirable as topic.
Now gentlemen, am ready to meet this ques-
| ton. l am ready to meet it; am ready to say
| that it was right proper, expedient, just, that
suitable law should be passed for the restoration OF
the fugitive slaves found in free States, to their
owners in the slave States. | ready to say
that, because | only repeat the words Of the Con-
| stuon ITSELF and | not afraid Of being con-
| sidered plagarst, nor feeble imltator OF other
mems language and sentiments, when | repeat and
dHHounCc 10 every part VI TIE COuutIy-to yOuj
here, and at all times-the language Of the Consti-
tuition of my country. Loud cheers Gentle
men, before the revolution, slavery existed in the
| Southern States and had existed for more than
| hundred years. We of the North were not guilty
| of its introduction. That generation of men, even
| In the South, were not guilty of it. 1t had been
| introduced according to the policy OF the mother
country, before there any ind pendence in the
United States-indeed, before there were any
| thorlties in the colonies competent to resist it.
Why,, L. 4
| on this subject and properly, the world has come
to so much juster sentiments, that we can hardly
believe, that which is certainly true, that at the
peace of Utrecht, in 17l3 the English Govern
| ment insisted on compensation from the Spanish
| Government for having violated contract by
| which the Spanish Government had granted the
unqualified and exclusive privilege to the British
| government OF importing slaves into her West
India colonies! That was not then repugnant to
public sentiment; happily it would be now.
| allude to it to show that the introduction of
slavery into the Southern States not 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 Albany, if you will take the pains to 90
back to the debates of the period from the meeting
of the first Congress, in l774-I mean the Con
| gress OF the Confederation-to the adoption of the
present Constitution, and the enactment of the first
law under the existing Consttuton-you, and any
body that will make that necessary research, will
| N"N '""s oouthcTH HltH ana southern states, as
represented IN Congress, lamented the existence
OF slavery IN far more earnest and emphatic terms
Than the Northern for though it did not exist in
the Northern States, it was feeble taper, Just
gong out, soon to end, and nothing was feared
from it while leading men of the South of Vir-
ginia and the Caronas, felt and acknowledged
that 1t was moral and political evil. that it weak
ened the arm OF the freeman, and kept back the
progress and success of free labor; and they said
with TRUTH and all history verfes the observation
i ! he rf tha .l,ah hnl
made as free to free labor the shores of the Nortt
River, New York might have been great. but Vir
GINA would have been great also" That was thu
| sentiment.
when the Constitution framed, its trainers
| and the people who adopted it, came to clear
| express, unquestionable stipulation and compact
There had been an ancient practice for many years
for a century, for aught know, according to which
fugitives from service, whether apprentices at the
North, or slaves at the South, should be restored.
| Massachusetts had restored fugitive slaves to Vr-
gna long before the adoption of the Constitution
and it is well known that in other States, in which
slavery did did not exist, they restored
And it was held that any man could pursue his
slave, and take him wherever he could find him.
Under this state of things, it expressly stipu-
lated in the painest language, and there it stands
sophistIy cannot gloss it it cannot be erased from
the page of the Constitution there it stands that
| persons held to service labor in State under
the laws thereof escaping into another, shall not
IN consequence OF any law or regulation therein, be
| discharged from such service or labor but shall be
delivered up, upon claim of the party to whom such
| service or labor shall be due. This was adopted
| without dissent; nowhere objected to North or
South: but considered a matter of absolute right
| and justice to the Southern States concurred in
| everywhere, by every State that adopted the Con-
stitution; and we look in vain for any opposition,
| from Massachusetts to Georgia.
| Then, this being the case this being the pro-
1 inn of tba Cons Itutn Tor had
organized, in General Washington's time, it was
| found necessary to pass law to carry that pro-
vision of the Constitution into effect. Such law
was prepared and passed. 1t was prepared by
gentleman from Northern State 1t is said it
was drawn by Mr. Cabot, of Massachusetts, 1t
| was supported by him and by Mr. Goodhue, and
] by Mr.. Sedgwick, Of Massachusetts, and gener-
ally by, as think, all the free States. There was
| hardly a tenth of all the votes against it, if
rightly remember. 1t went into opera ton and
for time, it satisfied the just rights and expeca-
tions of everybody That law provided that its
enactments should be carried into effect mainly by
State magistrates justices of the peace, judges of
State courts, sherhs of State 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, thought it proper for them pass
laws prohibiting their magistrates and officers
from executing this law of Congress, under heavy
penalties, and refusing to the United States author
persons arrested fugitive slaves That is to saw
these States passed acts defeating the law of Con
gress as far was in their power Those of
them to which refer. not all but several, nullifed
the law OF 80 entirely. They said: We will
not execute it. No runaway slave shall be re-
stored Thus the law became a dead letter. an
entire dead letter. But here was the constitutional
compact, nevertheless, still binding here was the
stipulation as solemn words could form it, and
which every member of Congress, every officer of
the deneral Government, every officer of the State
Governments, from governors down to constables,
had sworn TO support. Well, under this state Of
things, IN 1890, was of opinion that common JUS
tlce, and good taith called upon us to make law
tar, reasonable just that should be calculated to
carry this constitutional provision into effect and
give the Southern States what they were entitled
to- and what It was intended originally they should
receive, that is, fair right to recover their fugi-
tives from service from the States into which they
had fled. | was OF opinion that it was the bounden
duty OF Congress to pass such law. The South
insisted that they had right to it, and thought
they properly so insisted 1t was no concession,
no yielding OF any thing, giving up of any
thing. When called on to fulfil a 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, First, it was to
make the law more favorable for the fugitive than
the law OF 1893. 1t did so, because it called for
record, under SEAL from court in the State from
which the fugitive might have come proving and
ascertanlng that he was fugitive, so that nothing
should be left, when pursued into free State but
to produce the proof of his identity Next, it Sc.
cured higher tribunal, and it placed the power in
l l. l.. l.. =