The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-02-27
WHOLE NO. 2I7.

because fhey Sre no; founded on true rolitiesi
philosophy--not founded uron the tyuc roluio.l
philosophy Of this Government which res-ar ria the
States q this Un.oa AZ being in,rustcd with A,
management OF their own domestic copcsr,u
which leaves o. far ~ possible, the iopertio ins H
tutioDs Of The States to the care Of the States am,
selves aat, when ugiforrity caunct be -7mrellsf 4
il cHutcnt without eIac;iag entire harmony
NOR, AT. whether these petitions a7a now 70
Ierred to a committee, or whether they shall be
allowed To aocumui;e as ftey viii ia Inv roor
Judgment. continue 60 accumulate from session 10
session, the result will be that those who f.tter
themselves that they have arrested agitation have
by this very course created the agitation which u
was their objeo, 10 alisy. | may ae allowed n
say this, sir, bscanse although | have on several
occasions had efrli~i to me erithets Of agitation,
happen TO bt@dne member cs this body lhow
many more thefe are | DO not knowl who never
introduced th.s agitGtiu, subject Of slavery here,
whe have beca contcut with the debaies which
were had.apep it when il osine lcgisIssizeA helero
ns IN bil!4ss*hioh were in urOessa. ~
laws y 10 Ssvcy have FI0kcH -. sYy.Jt% [|64
these bulls became lsgs and Of whom II cgnn0t he
SAID that have, IN any manner or on any occa-
sion, by speech, hy writing. or otherwise. cd
dressed tn" people on the srlject since those ows
were passed | claim, then 10 be one Of those
who have been content 20 leave thesa measures Go
the scrutiny of the people 20 their j;ogaent. and
to the test of time aud truth | have added no
codiois, and have mono to add, 10 enforce vary or
explain what was sa;d by myself .iurine the de
bates on this subject Thus, having uo.hjay o.
add now, aud no desire 10 interfere With the pub
lie examination Of these questions ia any manner
but being content 60 leave them to the cXamina
ticn of the ptoplH, without interference on NY
part shall only express tho desire that che right
of petition whatever else We may do heTc, may
be respected aud held sGcred. For that reason
and for the other reasons J have stated, | shall
vote Asyiost the reconsideration.
Mr.. Butler desire TO make a single wort ~
explanation, since the Committee on the judiciary
have been very freely alluded to--in good faith,
have no dos1s.rhy the Senator from Maine Mir
Bradbury.l When Tint subjeot came before lha
committee ] positively refused 10 touch my hand
TO il, or TO 90 anything with II. one way or the
other and what Inns been done by he other me'a.
hcrs of the committee | know not Now, wish
10 make n word Of explanation, in order that Ily
course heretofore, and hereafter may bo inteili-
bile to the Senate ! lid endeaYor. as lauCh az
any Senator on this floor, in good faith, TO srrest
agitation upon this subject during the greater
part OF last session. Out found these impei-
mcnts-for they were regarded as impedimeuts-
in this stream Of agitation which were not re
moved. | then declared TO the Senate I'll st, from
hat time forth should raise no opposition 30 Tar
rs was concerned 10 any petition OF any chatao
ter that could he admitted into the Seuatc Aud
now, in addition TO this, | say to the Senate. in
concluding this remark, that you might Al we'll
expect to keep mariac asleep by lullabies ~ 60
attempt 10 restrain the course OF agitation upon
this uhjec,.
Mr. Hale. am exceedingly eratiheJ al the re-
marks the honorable Senator from South Carolina
has made, and think there is good deal Of ruth
in them But ! want to call the attention II the
Senate 10 this consideration ia the disposition Of
this question | take il II will bo conceded 10y
that il in desirable TO have sur laws
that we pass, particularly our Quiescent laws,
uniform in their operation ! hsyo not read oil
.he newspapers. and am not poftol an in regard
% ind proceedings which have been had under
his law in the several states bat think know
now they have operated in three Of the St5tes Of
he Union, and II more adverse operation Of a
npie law cannot possibly hs conceived and this
q reason why think there is o little more le-
,isation n" ;bS ,aw has operated gu Ms way
% Ms n9lcr, and u.ss GA" M. ~. SEQ. ".cs
ing out the hjccs OF the law according 20 its fuli
intent Well sir in Pennsylvania, the second
State | have noticed, free man has been kid,
mapped and sent into slavery.
Mr. Clemens. It not go
Mir Hale. But it so happened that the individ-
uol to whom the free man who was kidnapped in
was sent had more l,uNanity than
the law or the officers OF tho law, and no sent him
back to freedom again That has been the one
ration in Pennsylvania Well, when you como
to the third State Massachusetts what has
been ts operation therel learn from the papers
| have received this morning that IN alleged slave
has been arrested there under the Ian, ami has
been taken by mob ont Of the United States
courtroom and liberated
Now, sir, thcre IL not much uniformity in The
operation OF this law in these three States. In
New York il takes the slave aud sends him back
in Pennsylvania il catches free nan and in
Massachusetts il submits TO n mob | would sug-
gest therefore 10 the Senate under these con
alterations whether, il uniformity of operation
il desirable, there is not II necessity ar little
more legislation. IL il possible we nay want TO
make the law little more stringent
There IL distinction attempted 10 be drawn
by the Senator from North Carolina Mr. Badger
between this petition and tho bill introduced by
the Senator from Indiana, Mr. Bright in which
it seems 10 me the Senator who drew IT. was ex-
ceedinay unfortunate; because he gays that the
bill Of the Senator from ln'iiana WAS 10 declare
what the meaning ofthai law WAS, whereas, this pc
tition IN for She alteration OF the law Now, trust
il is TOO late in the day for the Senate ard House
Of Representatives TO undertake solcmnly 10 al
Indicate by act of Congress, what was the legal
operation of the net which waa passed u year ago.
Ii think the Supreme Court would be justified in
sending An injunction against orr proceeding any
further in such wild-g0oac hunt NJ That lecapse,
il there IL one thing tina, does appropriately be
long 10 the department Of the Judiciary IN gov
eminent of divided powers, the power OF Goa.
structing laws and saying what law was and what
law shall he repealed by the staintc which was
passed a year ngo belongs exclusively TO the Jn-
dietary. so think that that argument operates
against the introduction Of the bill of the Senator
from Indiana and in favor Of the introduction OF
the petition, because the petition prays us to do
what we are clearly authorized 10 do, and the bin
calls u,,on ma 10 do that which would be in tsy
humble Judgment, manifest usurpation upon tho
prcrogatiycs OF the judiciary, and would be Gu
tircly nugatory when IL was done
In the discussion Of this qucsion last year, one
OF the most astute and clcag-headcd lawyers OF
this body u mean my friend from Kcntucky, Mr
Claw undertook 10 lay down Che distinction that
,I,onii r.,ile az in raeAiyius and rejeeiiug peti
lions ! may not use the very words be uH,d, bat
can give bis idea; which was, that II tho law IL
to operate upon the people that petition II u ~
10 bc executed amongst them, and is TO be felt
among and upon thfa--thon they clearly have a
right to petition, and consequently, wc IRE bound
IN receive their petition That Is Just exactly
this case IL IL case where law Il to 80 into
operation Ia the free States IL h TO orcrste npon
otizeps of tho free States. II imposes duties
upon them. and puts them under heavy response
MIiiv and therefore comes exactly within the
case predicatcd by the Senator from Kentucky,
where there was a clear right Of petition, and a
corresponding obligation ON our part to receive
their petition That being this case, trus, that
AT least we will hav. tho honorable Senator from
kentucky against the reconsideration Of this mo-
ton to refer this petition.
Iiu, something has been said about the right Of
petition by Senators on my right and left. Let
rue say, for one, that | do not attach any great
value to tho right Of petition here TO this body.
The right Of petition should be 10 tho people.
There is where intend TO put up my petition !,