The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-03

In The South were not guilty OF it. Ii had been intro.
duced according to the policy of the mother country be-
fore there any Independence the United States
deed before there any authorities in the colonies
competent TO resist It, Why, gentlemen, mems opinions
have - changed this subject, and properyhs world
hardly believe, tina, which certainly true. that al the
peace of Utrecht in 1913 the English government insisted
on compensation from the Spanish having
violated contract by which the Spanish government
had granted the unqualified and exclusive privilege 10
the British government OF importing slaves into her
West India colonies That was not then Tepugnant TO
public ENTHUSIASTICALLY il would be now.
allude to il 10 show that the introduction OF slavery
into the southern States is not to be visited upon The
generation that achieved the independence OF this coln-
try. On the contrary all the eminent men OF that day
regretted ii, And you. my young friends OF Albany, If
you will take the pains TO 80 back to the debates OF the
period. from the meeting Of the first Congress- in l774
mean the Congress OF the confederaiono The adoption
Of the present constitution, and the enactment OF the
first law under the existing constitution you and anybody
that will make that necessary research, VIII md mat
gress amened the existence OF slavery in lar more ear
and emphatic terms than the northern for though
did exist in the northern States. it was feeble taper,
just going ousoon to endand nothing was feared from
it; while leading Of the Southof Virginia and the
CaIolinasi lett and acknowledged that It was moral
and political evil that il weakened the OF the free
and kept back the progress and success OF free la
Dor, and they said with ruhand all history veres The
observaon that if the shores Of the chesapeake had
been made free to free labor the shores OF The North
river, New York might have been great but Virginia
would have been great also" hat was the sentiment
Now, under this state Of things gentlemen. when the
constitution framed, its amcrs and the people who
ulaton and compact There had been ancient practice
for many years-for a century, for aught know-ac-
cording to which fugitives from service whether ap,
prentices at the North, slaves at the South-shoud
be restored Massachusetts had restored fugitive slaves
10 Virginia long before the adoption Of the constitution
and is well known that in other States. in which sa.
very did or did not exist they restored and II was
held that any could pursue his slave and take him
wherever he could find him Under this state oil things
expressly stipulated in the planest language, and
there it stands sophstry cannot gloss III il cannot be
erased from the page OF the consttutontheIe stands
that persons held to service labor in State under
the laws thereof escaping into another shall not IN con.
sequence OF any law regulation therein be discharged
from such service labor, but shall be delivered up
upon claim of the party 10 whom such service or labor
shall be due This was adopted without dlssentIno.
matter OF absolute right and justice to the southern
Siates-concurred in everywhere, by every State that
adopted the constitutions and we look in VAN Tor any
opposition, from Massachusetts to Georgia.
Them this being the case-this being the provision OF
the consution-soon after Congress had organized, in
General WashingoD's time, il was found necessary to
pass law 10 carry that provision OF the constitution
into effect Such law prepared and passed 1t
prepared by gentleman from northern State. II
is said II was drawn by Mr. Cabot, OF Massachusetts
was supported by him and Mr.. 9oodhue, and by Mr.
Sedgwick, OF Massachusetts, and generally by, as
think all the free States There hardly tenth of
all the votes against it, if rightly remember Il went
into operation, and for time it satisfied the just rights
and expectations OF everybody That law provided that
its enactmenls should be carried effect mainly by
State magistrates justices OF the peace judges OF State
courts sheris OF State counties, and other organs oil
State authority. So things went without loud CON-
plants from any quarter, until some fifteen years ago,
when some OF the Staies-the free Slaes-thought IL
proper for them pass laws prohibiting their magis
rates and officers from executing this law OF Congress
under heavy penaltes and refusing 10 the United States
authorities the OF their prisons for the detention OF
persons arrested fugitive slavesthat is to say, these
States passed defeating the law of Congress far
in their power. Those OF them TO which refer
t,lt ,,.lt,& Ed thn IF t,rnl,
They said "We will not execute it. No runaway slave
shall be restored" Thus the law became dead letter
entire dead letter. But here the constitutional
compact, nevertheless still binding here the stpu
alion as solemn words could form it, and which eve
member OF Congress- every ocer OF the general gov
eminent, every officer OF the State governments, from
governors down TO consabes, had sworn TO support.
WE'LL under this state OF things in 1885, OF opinion
that common justice and good faith called upon us TO
make aw-air, reasonable, equitable, just-that should
be calculated 10 carry this constitutional provision into
effect and give the southern States what they were ent
tied and what it was intended originally they should
receiveihst is far right TO recover their fugtves
from service from the States into which they had fed
OF opinion that was the bounden duty OF Congress
10 pass such law The South insisted that they had
was no concession-no yielding Of anything-no Civ.
ing up OF anything When called on to fulfil com
pact, the question is, Will you fulfil And. for one,
was ready will fulfil il by any fair and reasonable
act OF legislation. Now, the law OF 1850 had two oh
jecs, both OF which were accomplished by IT, First,
It was TO make the law more favorable for-he fugitive
III u
record, under seal from court in the State from
which the fugitive might have come, proving and
tanning that he fugitive, that nothing should be
left when pursued into free State, but 10 produce the
proof of his identity Next, secured higher tribunal,
and il placed the power in more responsible hands The
Judges OF the Supreme and district courts OF the United
States, and learned persons appointed by them commits
soners TO to the execution oil the law There
fore favorable law in all respects, to the u
gtiye than the law passed under General Washngton's
administration in '93. t.tF X. ..z t...r
Now let say that this law has been discussed con-
sdered and adudged in great many OF the tribunals OF
the country 4, has been the subject Of discussion be-
the subec, OF discussion before the respeca
BILE in the States Everywhere on all occasions, and by
Judges has been holden 10 be and pronounced 10 be
constitutional law. So say Judges Mclean, Nelson
Woodbury.. and all the rest OF the Judges, far a.
know, the bench Of the Supreme Court Of the United
set hese expressed BY ~ good cour, a. ever sat in
Massac hueeus-its present supreme cour--unanmousy
aud without hesitation. And says every body, emf
for learning and constitutional law, and good judg-
ment, without opposition without intermixue oil dis
sen OF difference Of Judicial opinion anywhere And
hope 1 may be INDUCED on this OCCASION gentlemen
partly account OF high personal regard and partly
Tor the excellence and ability OF the production refer
you all to recent very short opinion OF Mr.. Prentice
the district Judge OF Vermont. Applause True, the
case before him did not turn much on the question oil
the cons,tutionay OF this law the unconstitutionaly
and illegally and utter Enthusiastically OF the notion OF
private and political bodies setting up their
higher law that exists somewhere between us and the
third hssven-f hevef knew exactly where (Cries oil
good and laughter. yrsd sd ,o5b sssl Tai,liI..St
All judicial opinions are in favor of this law You
cannot find man in the profession in New York. whose
income reaches thirty pounds year. who will stake his
Il A. 49, ....- 4