The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-02-20

sAeii DO 20, because petltions when P'csen.su
OF . KIND simar to this, went to the Commi'les
on the Judiciary | presented one praying for the
repeal of the Fugitive slave law some weeks since,
which, on my motion, referred to that com
mittee. believed il proper that II should
60 to that committee; and have not changed my
opinion since. Whilst am opposed, totally OPP
posed TO the agitation OF this question. believing
that it produce nothing but mischief, am
nevertheless against the reconsideration; and al
low me to say, that believe il all petitions upon
this subject had been treated other petitions are
treated, it would have taken away u ground OF
agitation at the North. Refusing TO refer these
petitions, and 10 treat them ms other petitions are
treated, is made ground OF complaint; and even
those who do not sympathize in the object OF the
petitioners at alt, sometimes complain OF the man
ner IN which these petitions are treated. think
it would he the part Of wisdom 10 receive and re-
fer all respectful petitions. Sir, have no coun-
sci to give TO the Senate this subject beyond
what IL contained in these suggestions. | shall
vote against the reconsideration, because similar
petitions presented by myself have gone to the
Committee on the Judiciary, and that am OPP
posed TO any discrimination that might appear IN
vidlous. For the repeal Of this law, see no ne
cesslty. The construction which has been given
TO Its provisions IN my own State, by the judicial
officers or the United States, is such that there is
no danger to apprehend that these provisions will
be abused, orperverted to purposes of oppression.
am therefore opposed to Its repeal, and opposed
to agitating the question OF repeal here and else
where.
Mr.. HAMLIN. Twill detain the Senate but a
single moment, and regret that deem it neces-
sary to occupy the attention OF the Senate at all
should not do so but for the manner in which
the senator from Georgia (Mr. BERRIEN) assaied
this memorial 1t is true that the n EN- ,rial is
composed ofdetached sheets Of paper attached to-
gether by walters The original memorial, il is
also true, was printed IsbeIieye it is the usual
course of senators here TO present printed memo
rails almost every day, and neither the Chair nor
any senator takes any exception to them because
they are printed. They are presented on various
subjects.
the Chair, the Chair will say that he could not
possibly take EXCEPTIONS to them until his atten-
ton was called to them. But the Chair is under
the necessity of rejecting printed memorials when
his attention is called to the matter.
Mr. HAMLlN. From the noise in the Sem
ate, did not hear the suggestions Of the Presi-
dent. have now to state the reasons which en-
| able me 10 sustain the character of the men who
have signed that memorial, and who forwarded
1t to me. hold in my hand a communication
from William Milliken, well known to myself
and to my colleague as one Of the most worthy
citizens Of the State of Maine, a man for whose
honor and integrity stand ready to vouch. He
is at this time member fthe State senate is
now, has always been, and have no doubt al
ways will be, Democrat He forwarded the
memorial to me, and, in his communication he
states that the memorial signed by the per-
sons whose names are attached to it. Upon that
authority present it, and upon that authority
stand, and am willing to be held responsible to
the fullest extent.
The reasons which the memorialists gave are
their own, and not mine. One may be in favor
or the repeal or modification Of that law for rea-
sons quite different from those contained in the
memorial. Their reasons and opinions are their
own. may agree or disagree with them in their
opinions but still, in either case, it is my duty to
present their memorial They express the opin-
IONS which have no doubt they honestly enter
tain. Without regard to their views, it is the
conclusion to which they come-a repeal or modi-
fcation of the law that the Senate is to act upon
lnasmuch as there is now a bill virtually in
creasIng the penalties of the law, which has al
ready been referred to the Committee on the Ju-
dietary, this also, being of a counter character,
should go to the same committee. To say nothing
OF right, that is but equal Justice. | said that the
Senate by vote had determined that memorials
for the repeal of that act should not be sent to the
COMMITTEE on the Judiciary. Though that deci-
SION was against my own Judgment. yet, in ac-
cordance with the decision of the Senate, had
uniformly moved to lay them on the table But
| m this case can see no reason why memorial
for the modification of the penalties of that law,
to mitigate them, should not receive at least as
favorable consideration as bill which seeks TO
hHPone ouuiIouui PeH6itleS. f0r these reasons,
as well as because right in ITSELF asked its refer
ence to the committee, and it went quietly to
them. Who, then, is answerable for this debate
Let the Senate and the country Judge
| Mr.. PEARCE. Mr. President, the senator
| from New Hampshire, mr. HALE, using very
free language, has spoken Of a case which re-
| Gently occurred in Philadelphia, as a case of kid
mapping. That word has distinct and we'll
known signifcation-not mere legal meaning.
put sense In which it is universally applied in
| ordinary use, Neither in tina, nor any other
sense IN which 1t 10 understood can it be
properly applied to the case in Philadelphia to
which he has alluded | know the parties sir
and the commissioner by whom that case was de
cided he is man of honor, and LAWYER of
ability, and as little likely to be guilty Of anything
| to justify the application to him Of the word kid
mapping, as the senator from New Hampshire
himself Sir, it was case OF ordinary occur
renee. Regular process was issued for the re-
coVery OF fugitive slave; testimony was taken
pro and con- and the commissioner decided accord
ing to his own Judgment, and with perfect integ-
rlty OF purpose, am very sure. There was, I
admit, unfortunately, a mistake of identity: moth
ing more; just such mistake of identity as has
occurred thousand times in judicial proceedings
civil and criminal, And take it that no gentle
man has right to apply to a mistake of identity
unless he is prepared to make charge of fraud
the term Kidnapping. There has been no case of
kidnapping, and the gentleman to whom SUP.
pose that term would appIy--the commissioner
VINO made the DECISIONS one Of the last men in
the community to which he belongs, to whom il
could with propriety be applied. know the par
ues, and J may say this; that the promptude
with which the mistake WAS corrected by one of
my constituents and neighbors, is very good
proof how false have been the charges thai this
lazy would be deliberately converted into an in
strument of fraud and oppression. The mistake
was corrected as promptly as was possible. That
is enough for Southern character.
But the senator from New Hampshire tells US
that ne delights in agitation. and he has made a
discovery in philosophy that agitation is an ''eIe-
ment. What sort of an element have not
chemical knowledge enough to ascertain.
The senator compares the agta,ons of what
ne calls foul and fetd corruptions to the heavenly
and benign action told Of in Scriptures that gentle
stirring of the waters occasioncd by the angelic
presence which invited suffering humanity 10 re-
ceive lts benign influences This he Ikened TO
that agitation which, stirred by mistaken. a
feIgned philanthropy, has wrought so much evil
ana has threatened so much more to the des,ruc
t'on or national harmony, and everything rood
ana valuable among us. He delights in agitation
he says abhor it. That gentle stirring of the
waters can scarcely be compared, without Irrever-
n q mis- - g.,