The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-04

Let u.s. however briefly weigh their reasons for accord
ing to Congress omnpoence over the subject OF the re-
hold in my hand compendium Of their decisions on
this subject, and their sustaining them viii
not name the Judges delivering the decisions, but quote
simply the decisions themselves. t1.g T ta
" cannot be doubted" says the court, that the
stituton requires the delivery OF the fugitive claim
of the master; and the natural inference certainly that
the national government clothed with appropriate au-
lhorty and functions TO enforce IT," This very cool
claims power by nature for the general goyernmsnta
new source OF authority, certainly should say that as
the constitution does not even mention Congress- much
less the national government, the national
had nothing to do with if. The decision goes The
fundamental principle applicable to all cases OF this
would seem to be, that where the end is required the
means are given" Certainly will dispute this po-
siiion But the question has any power the end
Congress- by the constitutions The clause relating to
fugve slaves ound ~ the national constitutions and
not IN that 81 any svis Here i reason IA as original
agreement between the States be found but in their
stitutiona compact Did the constitution oi any nation
ever contain It's compacts with other natonsi How alb
surd them TO attempt 10 argue that because the States did
not because they could not insert into their separate
situtons their compact concerning fugitive slaves. that
therefore Congress has exclusive jurisdiction over
] 'It might we'll be deemed unconsu tiona exercise
OF the power OF ation insist that the States
bound 10 provide means to carry nto effect the duties Of
them by constitution. On the copary, tht natua il
not the necessary conclusion H. that tbe national govern
ment in The absence Of al posrs prooons 10 the contrary,
executive, judicial. The may require, carry
INTO effect all The shs and duties imposed upon by la
constution," I#s EH# F#H . NG.n.
Here again the whole question is begged 1t Ii taken
for granted that is the duty OF the general government
to enforce the recovery Of fug tive slaves The learned
judge declares the powers OF the " sai,onl government
not from any specified grants in the constitution, but in
the absence OF all provisions TO the contrary" He pro-
| ceeds E5 Il. E. taA "". /.
,t'ucon, that the -gisaon Congress
supssds al Stat legislation up the subject, aud, by
iDpicafiaa, prohibit a. For IL Congress have
constitutional power 10 regulate particular subject ard
they actually regulate II ia given manner, and
right Interfere Where Congress have srsre potcer
over subject IL is not competent or Stale legislation 10
| iHtufefe" :"
| Here is the doctrine by which Congress not only pos
the power OF legislatng the subject OF fugitive
slaves, but all legislation the part OF The States
prohibited The same doctrine is reiterated in another
case
"The right to seize and retake foi,ive slaves and the
duty deliver them up, in whatever State OF the Union
they may be oand is, under the constitutions recognised
as an absolute, positive right and duty pervadng the
whoe Union elnat and pr-ne force, uncontrolled
and 'oaabie by STATE sopusgy State sgi'iaion
State sovereignty. which alone under the constitution,
according TO It's plain purport. had anything TO do with
the rendition OF fugitive slaves, is thus arbitrarily put
aside and State egsation the only efficient means OF
enforcing Their recovery is prohibited
Such the reasons fairly as can collect them,
by which the decisions OF the Supreme Court OF the Uni
ted States this important subject sustained And
what do they amount to' Flat asserons-naked dog
l
end OF the thing to b. proved III senators have been
able to in them anything satisfy their minds Of
much less TO act exclusively they have been more tortu
nate than have been. Yet blame not my honorable
friend from Virginia for introducing the law of the last
session OF Congress- in force. Right or wrong. II
is the only SORT OF legislation which the Supreme Court
would sanction or enforce Practically is our only
remedy weak and feeble it is. The judiciary is the
only channel through which the constuuon in its oidi
nary operation be enforced and when this fails
the constitution fails blame no one for conforming
in their legislation to the judicial decisions OF the coun
try But q senator shall not surrender my views of
the constitution the decision OF any tribunal and
southern man have felt il 10 be my duty TO expose the
wrong which the South, my opn'on, has sustained by
the usurpaon OF Congress. and the corresponding usur
atoms oil the Supreme Court OF the United States
Sir, | know very well that il will be said that these
few remarks tend to support the sboonisis and should
at all be surprlsed if should consequently be de
hounced by OF the papers of the country, not very
lar from Washington. having very close understand.
ing With the abolion'sss Such impuailonsar to De ex
pected in these dtys aud who has lived TO forty
nifty years, as have done, and who is not capable o
listening TO political aspersions upon his public or hs p
for public life. Public liie in all free countries, Is not
life OF quleude and Tepose lie who would be useful as
statesman begin his career by schooling himself
capacity of hard simple endurance, and be prepared
also, the only efficient OF vindcauon, /, act
down and live down all mputs,ons on his motives or
policy think the aboliloniss have Their way, accord
10 The constitution II Is construed and administered
do not think they would be very unwilling that the ex
siing laws should continue without being materially
modified changed. They would infinitely prefer that
you should send army TO Boston 10 enforce them
take away the warning designed IL mercy by the ex'
ecutive proclamation, aud march the militia OF neigh
boring States into Massachusetts to enforce the iug
tive slave law, and thus make our rights under the
constitution incompatible with the independence and
sovereignty OF the States. They would much rather
have that than that the simple alternate should be laid
down them by the southern States, Take into your
hands the constitution and the faith implied give us
by your legislation rights will dissolve the
Union" II that alternative was presented, as ought
TO be, with the constitution in our hands, we would have
our rights Why, you may pass your laws but hand.
fol OF peopeit does not require naIoriiy-can bane
your authority every town IN the United States, and
thu. nuliy your law, deride your proclamation, and put
side OF tue chamber. not on the side OF the abo
onsts Sir what is the foundation OF abolltionism IN
this Unonl Ii ia consolidation. remember many years
since that he who filled the seat now occupy, and whose
latchets statesman am unworthy TO loose ssid
to the senator from Massachusetts now no longer in this
body. MIR Webster in the great debate that occurred IN
1893: H#E
" the principle, you contend for are correct you viii
wake up spirit Of sbouon in the North you viii make
people believe they Responsible Tor this Instuuoni
the day that that principle into their minds, and
eeling ia hearts, this Union will be at end
the doctrine you now maintaining by being oao'od
and scorocd." -## -.#.
Although tina, great statesman did not live TO see
the fal6lmen, OF his prophecy, we now see it Where
s the great statesman Of Massachusetts, in Massachu
settsl
II il well ha, he the other end OF the avenue for
il he stood in Massachusetts and sought the su-
he would be rejected by overwhelming majority The
authorizations oi him whose seat | occupy
realized. and consolidation here has crowned abolition
with s When you show the people Of the North