Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-01
Indiana had her laws Illinois

Mr. ffesden Iom Inc ocean almost 10 the base OF the
Rocky Mountains, stretches unboken chain OF State e
gsston providing for the reclamation of escaping servants
This being the Stale Of affairs the Supreme Court the
of Pgg against Pennsylvania decided that the States have
constitutional power TO esisae upon the subject Thai
decision swept the whole of this Legislation from the aute
books II swept 1t all away from the Atlantic, said be-
fore, to the base of the Rocky Mountains It abolished the
whole Of 1t. Then, of course it became impossible
claim fugiives The decision of the Supreme Court made
impossible and believed them and believe now that thai
decision practically expunged the fugitive servant clause from
Mr.. BUTLER. Will the Senator allow me to put myself
right The Senator from Ohio has presented my PROPOSE
ton not exactly would make it. never have commended
that under any compact or federal obligation exclusive
y the duty Of the States carry out this law That
my proposition. My proposition has always been in
foity with that Of Chief Justice Taney that whilst The
State could pass laws to aid any law Of Congress- they
prohibited from passing any law to interfere with consttu
tiona doctrine. That is my proposition not that il exclu
svey devoved upon the States he has Inferred but that
the States were prohibited from passing any laws interfere
with the enforcement Of this article of the constitution bu
they might pass laws to ad it.
Mr. CHASE. agree with the honorable Senator then
to this extent that the fugitive clause Of the constitution
constitutes article Of compact between the States and
think, this proposition being established will be
tremey difficult for any legal mind by any train Of logical
reasoning, to derive from that compact between States
power Of legislation TO the Federal Government II that
power exists, say to the Senator from South Carolina may
be invoked in regard to those coored citizens of Massachu
sets who confined in the as of Charleston under police
regulations relating to free negroes with precisely the same
propiety that can be invoked with regard to fugves from
service repeat that in my Judgment each State must
judge for itself to the character Of the compact and the
extent of the obligation created by it. The contrary doctrine
promulgated by the Supreme Court has invited, and indeed
created, much of the difficulty in which this subject is in
volved do propose go into any full discussion OF
this matter now This not in my Judgment the proper
time 1t is too broad be discussed upon the spur
of the moment in debateke this will however, say
thing Of the practical effects of the law of the last session.
II has been said by the honorable Senator from Kentucky
that thataw has received full execution could
ably be expected He hasinstanced Indiana where
white persons given up slaves He said that these
persons white, al appearance, himself the
Senator then occupying the chair Such, understand
the fact But apprehend hat another portion of the
men of the honorable Senator not strictly do
not understand that these pesons had any African blood in
their veins There may haveb been some Indian blood The
attempt to reduce these persons to slavery gave rise to the first
demonstrations of force again this law learn from the
public prints that these whites originally seized New
Albany in Indiana and taken TO Kentucky by the claimant
on his way southwark and that in the State Of Kentucky,
near Hawesvile, they rescued from the claimant by
force-a mob you pleasant brought back to New Alba
N.Y. where investigation of sne kind other was had
do not know exactly what itw,s Il resulted however, in
the surrender Of the alleged ugtives They taken
Louisville, but ansomed through the humanity of the
citizens Of New Albany assisted perhaps by the generosity Of
citizens of Louisville. The Senator refers in
IneSe
know little, except from the statement of the Senator. He
has said that interesting female arrested taken before
commissioner and surrendered statement, which
pupoed to be extract from of the city papers, from
which it appeared that interesting female who had resided
for several years in the place. and who passed among her
neghbors white woman arrested and taken before
commissioner and that doubtful what the result would
be. That is all have about it. What the final result
was, do no not know.
But what is the second case A servant woman was
hv of0 Ru
decisions of the State when within its limits by the
sent Of her master the slave becomes free. She determined
whether with without advice, know not remain and
not return with her MASTER He seized her and took her be-
fore commissioner. The Court of Common Peas-the
State cour-ssued writ of habeas corpus upon which the
party thus appehended taken before that court and the
investigation proceeding when the herself decar
ed her desire to 60 with her master Of she per-
mitted to go.
shall 60 no further into these particular cases. They are
not numerous enough to form conclusion upon way
the other to the probable execution Of the law The only
fact perfectly apparent is that every of seizure will be
strictly contested, and when the least right TO the
claimed is established the surrender will be made unless per-
haps in instances violence may be nterposed prevent
it. But agree with Senators me- who have said that
this right was not Of great practical value BECAUSE in the
first place. seizures cannot be easily effected and BECAUSE
the next place. there must be in every Of claim and seizure
expensive contest Lawyers will be employed both
Sides The expenses Of the litigation must be betrayed and
in nine out Of ten they will equal if not exceed, the
value Of the fugitive recovered do not, therefore, consider
the right of reclamation asserted by the of Congress
Of much practical value. 1t is at best but naked legal right
which in the Of things be easily enforced The
Senator from Kentucky adved to that sympathy which must
always be felt for the fugitive. It is deeply planted in the
human breast You cannot legsate it from the heart Well
add to this sympathy the conviction very generally felt that
this law is unconsuona either from defect of power to
it. or because its provisions in conflict with the
guarantees of liberty contained in the constitution and add
to this conviction the sentiment of hostility to slavery ITSELF
widely dused and daily gaining ground, and becomes very
obvious that the law be executed to great practical
extent Who believes that any law be executed eecuay
and thoroughly in the midst Of indignant community, by
convictions, is condemned think it is quite well to
tell the plain TRUTH plain language, as to create by smoother
speech, expectations which can never be realized.
And now, sir, what the particular transaction to which
attention is invoked by the Senator from Kentucky
What is this nodus Dec pndice dignus Why, sr, in
Massachusetts, city of Boston, happened the other
day that an individual claimed fugitive slave arrested
and taken before commissioner In the progress of the in
vestgaton considerable number of persons present
The examination, unfinished was adjourned to future day.
The audience and commissioners had LETT the In
sequence of that provision Of the law Of Massachusetts which
denies to the United States the of the State as for the
purpose of OBTAINING fugitive slaves, became necessary
use the courtroom prison. No person remained in it
except the deputy marshal and five six OF his assistants
and one or two other persons Every body had gone away
except fifteen or twenty coored people who fingered about the
door, These persons seems formed and executed upon
the spot and the moment the purpose Of rescung the pr
sone They burst open the door, took the man out and set
him at liberty There organized mob-no general
concert of aconhe whole affair was confined to the few
immediate participants.
Well sir what there strange unusual in by
force from legal custody Such nactons Of law
unfrequenty and In every State Does it ridicu
ous to illuminate procamaons and legislation against few
negroes upon occasion like this Surely something