The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-26

voting ~ ne ,av, II siet,sus. vAiah - sssda
my being hers 70 vote against Il.
Mr.. MASON: ana eot challenging ~ votes
Of senators, but am ssAAsg The hcfs--ths histos-
zeal facts. ara sasis6sd, psstbcly saus6sd, that
every gentleman who did not vote upon that occs-
sion bad proper and .utkcisas reasons Tor ii. I
senator upon this door; but such l. he fhet-ss H.
ere seytpss slssi. !" Thres senator's only from The
free States voted for that law; al the others Who
voted-to the number Of twelve, l beiisvs--voted
against Il. Now, we can ~. and know. and M
dsrssnd-we 90 understand and fasl il every day
that the reason why this Iav il not suceeesfallv
executed in the free States IT, that the spirit Of ths
people y agsinAt ths-law and the objects OF ths
The honorable senator from McAiesu .sk, -
If expect every man, woman and child 70 -
up and run afier these fugives, in aid az ~ isw
will point to what occurred in bic CITY, Il ~
city where ne lives. an attempt 70 axeeute shejnw
was resisted by violence, although not suecec<Gsl~
ly resisted. understand that there VS. 4 slSws
arrested in the city Of Detroit some time durih~
the last fall. and mob gathered and the military
were actually called out. a 1T ~
Mr.. CASS. If the honorable senator yin n.
ow me to interrupt him, viii say that thsss was
a fugitive arrested there, and the military we've
called out. There was demonstration, but no
effort OF resistance, nor, in my opinion, or il the
opinion OF The whole country, would there have
been any there. That is the opiaioW Of every
we'll informed man there, that the slave could nave
been taken away without the military being called
out. 4t et
Mr.. MASON. There was certainly a strong
demonstration, or the military would not have
been called out. Now, it is one thing not to lend
sufficient aid in carrying this law into execution,
and another thing 10 interpose efficient ohs4aclss
have not said that this law will not be executed:
but say that a. locg this spirit prevails amenS
the people amongst whom, it 10 to be exscnted q
10 done only at q cost equal TO the vaius OF the
property reclaimed. Now, sir, in references 10 The
case Of Long, in New York, the honorable $500.
tor from that State undertakes TO correct me IN
this fact, that there were suit actually bronxht
against tho claimant there. That 10 the only fact
in+which he does correct me. No suits were &C.
tually brought against the claimant there a. shey
were in the Crafts case, in Boston do not re-
member that in my remarks ascsibed To that
case the fact that suits were brought against him.
If did 80 ascribe it, may have bean in error
But 1t Is in one fact only in which was wrong :,
say there were great Interpretations resorted
to by those who conducted the defence, for tho
purpose Of deay--as far as could understand,
for the purpose of defeating the ends and execu.
ton Of the law; and although they did not sue
cessfully defeat it, 80 far a final Judgment was
concerned, they did it SO far as the value of the
property was concerned.
! adduce the case Of New York simply for the
purpose Of showing that this law did not render
the fruits we had right to expect from il. tis
no answer to this objection when am told bv the
senator from New York that the expenses were
paid by voluntary contributions of the citizens
II may have answered in that case but how verv
few Of the other claimants who 20 into the free
States would find the citizens ready to bear their
| expenses, have not the disposition to say: for /
do not entertain the opinion that anything was
done in the city of New York, by the ministers
| of the law, which was necessary 10 carry the law
into execution, or anything leh undone Nv them.
But speak of it as showing the mpossiGilitv of
executing the law in such way az to make it
valuable, when the people amongst whom it 10 TO
be executed are hostile to the law. That il the
only purpose for which advsrted to il.
Mr.. DICKINSON. All recovery Of property,
under any law, is subject to controversy and 10
contestation. If there were to be no condensation
over the country no law would be necessary. II
individuals are to have the power to 60 and take
what they claim-if the principle was to be let
him get who can--no law would be necessary
But every law supposes that there will be more
or less condensation. Now, in this case, where
the delay is complained of, the senator says that
the only fruits OF the law were lost. That depends
| entirely upon what this individual values his time
at. He was there about ten days his own ex-
penses were paid; the most eminent counsel that
the city and State of New York afford was furnish
ed him free Of expense; he was entertained free of
expense, and lost nothing but his own tme-that
| is, some ten days. II that was more than the
value Of the slave, why, then, he went back with
out the fruits Of what he sought.
But a portion Of that delay was caused by the
declaration Of the claimant HIMSELF that he wished
the matter fully and fairly tested, as it was case
under the new law, and excited so much OF the
public attention--and he wished every fair facility
given to have the law fairly tried. Another por-
ton Of the delay was caused by the very severe
illness of the district judge, in consequence Of
which he was unable to proceed. Now, it does
seem to me that, uness we somewhat anxious
not to have the law executed we will not cite this
case, because so far from showing that the law
cannot be executed, it has shown that a strong
public opinion inthis locality at least was in favor
Of its execution for one undertakes to struggle
against public opinion, so far NJ to volunteer TO
pay the expenses; they will not do it unless they
believe they are justified by that opinion.