The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-06-13

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double the veiue If IN a1sve, and sssume Other
liabilities. IL h, thessfove, doubtless, the only
mode In whish the question, practically is ever
tried. Now, what Is ths law Of Georgia in this
case Why,N provides, [p 800, see. 81 1that
in such action, the burthen of proof shall lie on
the plaintiff, and it shall always be presumed
that every negro, Indian, mullatto, or mustzo, =
slave, unless the contrary can be made to APP
pear" Take the case, then, of an Indian trans
ported to Georgia under this act He must pro-
cure guardian and overcome the legal pre-
sumption by proof, or he will be defeated, and
condemned 10 bondage. Ii he is so defeated,
the law Of Georgia provides, [p. 800, see. adj
'in case judgment shall be given for the defend
ant, the said court is hereby fully empowered to
infiict such corporal punishment, not extending
to life or limb, on the ward Of the plaintiff, (the
alleged slave.) as they, in their discretion, shall
think ft." The result, then, is, that If the party
seized IL unable to transport his witnesses to the
place where he has transported himself, or il,
for any other reason, he fail in proving his free
dom, he is rewarded for his failure by imprison
ment or lashes, or any other corporal punish
ment, short Of manning or killing nay, more ::
If person without his consent assumes to in
stitute proceedings, the hazards of which he
would be unwilling himself to encounter, the
failure draws down the same punishment upon
his head. This, it seems to me, is not the jury
trial Of the Constitution nor am one of those
who believe it ia necessary to overturn all our
settled notions as to law and legal proceedings,
to secure the recapture of few unhappy fugi-
tives from bondage. But pass from this Fu-
gitive elavc act with the simple remark that, in
my judgment, it should be absolutely and un-
condtionally repealed.
Congress have no power to legislate upon the
subject, and the States would and should pass
all laws that may be necessary to carry the pro-
visions Of the Constitution of the United States.
respecting fugitives from service, into full and
fair effect. Having thus considered the present
aspects of the slavery question, let us briefly
consult as to the present duties of the friends Of
freedom. In my judgment, they ought to unite
in uncompromising hostility to the present ma
tional administration. The action of the head
of that administration has been adverse to them
when they had every right to count upon
his friendship. Mr.. Fillmore, by his public
pledges, by the acts Of his past life, by his well
understood principles and feelings, was COM
mitted to the cause of freedom. Reared in wes-
tern New York, borne upward by those whose
sympathies are all for liberty, he is selected as
the Wing candidate for Vice President, to secure
President by the death Of General Taylor. He
had it in his power to put an end to the entire
slavery agitation in twenty days. If he had
recollected the manner of his elevation, if he
had borne in mind that he was called to dis
charge this high trust ut this critical moment, by
the interposition of Providence, and had firmly
and calmly said to the stakeholder, You shall
have your full constitutional rights, and nothing
more; you must obey the law; you must cease
these reasonable efforts to dissolve the Union,"
he might have fulfilled the duties of his mission
with honor to himself and with signal advantage
to the country. He would have called around
him the friends of the Union, without regard to
party, and have extinguished forever all thoughts
of its dissolution but he chose to take the OPP
poste course, to turn his back upon the friends
who had elevated him, to falsfy the professions
of his past life, to throw himself into the arms
Of those who are prostituting the government
to the extension of slavery, and to set the seal
of his appreciation to law which, in my humble
judgment, no civilized government on earth, ex
cept our own, would now enact. He has called
to the head Of his administration the most dis
tingnished apostate from the cause of freedom
II pleases Mr.. Webster to represent himself
as martyr to his devotion to freedom. He
speaks of the calumny and persecution which he
endures, of the privation to which he is sub
jected, the flames that might be cracking to
some stake to which he might be tied, and of the
penalties he is undergoing. Such is not my OBJ
servation of the treatment he receives Feted,
hattered and carressed by the wealthy, public
continually extended to him, the
patronage of the government at his command,
official and professional emoluments surround
ing him, the earth black with newspapers de-
scribing his virtues, and the air vocal with the
shouts of interested partisans sounding his
this seems to me as little like mar
tyrdom as he is like my idea of monk.
| laughter But agree if his ambition is to
be President of the United States, there is be-
low or above all this superficial demonstration,
a deep settled public sentiment, which places
him at hopeless distance from that object of
general pursuit. Even the Southern politicians,
who are so industrious and 30 successful in
warping the opinions and the action of Northern
men, would catechize him unpleasenty if he
solicited their suffrage. To be strong at the
South, Northern politician must be strong at
home. They would ask him-"Sir, can you
carry Massachusetts, II Wing member of
Congress in that State assails Iyou, and the CON
vention throw him overheard, dare the people
elect him If defeated Wing candidate for
Congress in the strongest Wing district of Mas
sachusetts prefers charges of corruption against
you, can he return to his constituents and be
elected on a second trial Will they let you
speak in Faneuil Hall? Does the State of Mas
sachusetts send to the Senate of the United
States Charles Sumner, rice Daniel Webster
Cheers And if he answers these interrogato-
ries in conformity to the truth, they will notify
him that his further services will not be needed.
Immense cheering And on what supporter of
the present national administration can the OPP
ponents Of slavery extension rely Is it Mr.
Sc ward ofo State?
The State Of New York, every since the
question first arose, has spoken in tones of the
most indignant remonstrance againts the ag
gressions of the slave power. Why is she now
dumb! A bill introduced by Mr.. Coffin, intend
ed to protect the free inhibitants Of New York
against the abuses of the Fugitive slave law
a wise, Just. constitutional bil-has lain upon
the table of the house since the first week OF the
session. Why does it not become law ?
The legislature of that State, in both branches,
is controlled by the supports of Mr.. Seward
A word from him would reverse the retreating