The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-24
No. Sc.

talns an article which Is immoral. and must not
under any circumstances be obeyed; that as hon
est men they cannot undertake to abide by this
compact, with mental reservation that they VIII
break an important part of it. And therefore they
reject the WHOLE and hold il TO be the duty Of this
Commonwe to withdraw itself instantly from
this whole compact, and thus revolutionize the
Government This s the ground of action and the
end of one class-the ground of action being, that
there is fundamental error in the Constitution of
the Government; and the end, that the Govern
ment must be destroyed.
Whatever else may be said OF this, ii cannot be
denied that 1t is open, definite tangible capable OF
being and understood in its true proportions.
These persons do not profess thing and mean
another. They do not move blindy towards the
gulf of civil discord and national destruction. They
do not lead their followers towards it with boastful
assurances that the ground s safe and clear. They
see treason, and they honestly say so, and give
their reason for it.
In my humble judgment, II is time that reason
were examined. You may cay il needs no exam
ination; the bare statement OF the proposition
ries its own refutatlon with it, So had supposed
until recent events changed my opinion. do not
think it important to examine their reason, because
entertain any hope OF influencing any of this class
of men whom i have mentioned. believe their
passions are too much excited. But there ia an
other larger class who are now acting with them
many of whom, verify believe, do not see whittier
they are going. These have not thrown off their
allegiance to the Constitution On the contrary,
many of them hold, or have held, public office, and
have sworn to support the Constitution. Many
more, if we may judge from the recent elections,
desire earnestly to take that OATH Great laugh
ter am bound TO think, and do think they have
taken this oath without any mental reservation.
They include in it that article which promises that
ugitives from service escaping into this State shall
be given up. But, ask your Free-soil neighbors,
"will you give your support to a law which shall
fairly and fully execute this article; you are dis
Satisfied with the present law; but laying aside all
questions about means and Details do you mcan
that Massachusetts, shall keep this promise or break
III" And depend upon it, if you get any answer
at all, it win be that it is premise not fit to be
kept.
| do not mean to say that all would answer.
Some have not sufficiently probed their con-
sciences to know what lies at the bottom, and
who have may be willing to have this article exc
cuted hope there many such. But do be-
lie, that when ii comes to the practical question,
whether the promise shall be kept many will be
found in the condition in which Sir William Black
stone says he was in respect to q belief in witch
craft For, says he in substance, inasmuch as both
the Scriptures and the laws of England recognise
the crime of witchcraft cannot take il upon my
self to deny that there has been such thing,
though | cannot give credit to any particular mo
dern instance OF it.
So it is with some of these gentlemen. Inasmuch
the Constitution, which many of them have
sworn to support, contains an express promise that
fugitives from service shall be given up, they can
not take il upon themselves to deny, in the gen.
eral, that the promise is to be kept but as to its
being done in any particular way, or by any par
tcular means, or In any modern instance, they
cannot consent; and to prevent it they are ready to
Join their best and utmost exerons to those of the
frat class whom have named; though these latter
all the time declare that this distinction between
the abstract and the concrete is too thin for their
eyes TO see.
Now, the real difficulty with both these classes Of
persons is the same. The difference between them
is, that it and avows it, the other does
see it., or is too prudent to avow it.
Ia it not fit, then, that this supposed difficulty
ha hrn,, ,,exht ont iptn Erht # Aa,r
steadily looked at? There ought to be no reluc-
tance to do this II the difficulty be real, it should
be acknowledged, and due effect given to it. Ifit
be unreal, it should be dsspatcd. If the Constitu-
ton under which live is, as is expressed in the
calm language so well BETTING the discussion OF a
subject deeply involving the welfare of so many
millions of people, if it be "bond Of hell" which
it is the duty of every just man to break we ought
to know it and act on it.
/ hope you will bear with me, therefore, fellow
citizens, while attempt TO discuss this question.
am a Massachusetts, man--born on her soil
bred in her schools, partaking, from my infancy
to this hour, of the blessings which, under Provi-
dence, flow from, and are secured by, her laws
and hope am not unmndful OF the honor and
the duty of the State. And feel with you COM
mon interest to inquire whether, when this Com
monwealth entered into this compact, and agreed
that it should be the supreme law, it made cove
nant of iniquity.
Let cay, at the outset, that this is not qucs-
ton to be settled by calling hard names. 1t is a
and solved by the reason and judgment OF sober
men. And shall endeavor to state, as we'll as /
can, that course of reasoning which has satisfied
my own mind.
Let me begin by asking you to keep in view that
we are considering the rights and duties of civ
ilized State. The question is, whether this Com
monwealth acted within the bounds of right in
l7SS, when it entered into the compact in ques-
ton.
At that time Massachusetts was an independent
sovereign State, possessing, of course, all the pow
its own citizens in reference TO foreign
States which constitute and arise from soyer-
eighty.
Among these powers two only are important
here; the power TO make binding compacts with
other States, and the power to determine what per-
sons from abroad shal be admitted to, or excluded
from, the territorial limits of the State, and on
what terms and conditions any such persona shall
be allowed to come, or be required to depart Both
these powers are unquestionable. For centuries
succession of great minds have been employed up
on this subject of public law. Beginning with Gro
thus above two hundred years ago, and ending
with countryman Wheaton, who died in this
city two years ago, or with Lieber, if You please,
who still lives, believe there cannot be found any
where set of more profound, wise, humane, chris
tian morasts than these men of great boldness of
mind, restrained by no positive rules seeking the
moral truth Of the great subjects they have dis
cussed by the best lights of divine and human wis
dom.
Yet not one of them, so far as know, has ever
doubted that the powers which | have mentioned
rightfully exist, and necessary for the preser
vation of every civilized State.
THERE'S another principle equally clear, and that
is, that every State may and should exercise its
powers for its own preservation, and the advance
ment of the welfare of its own ciiizena.
Indeed, outside of this exciting subject, oil these
principles are not only unquestioned but they have
been acted on by this Commonwealth, over and
over again, to the acceptance of everybody.
AS early 1893 this Commonwealth passed a
law prohibiting, under a penalty, any ship
master from landing in this State any foreign con
vict; and this has ever since been, and is now the
law. What right had the State to pass this law
The right to protect its public peace, and the per-
sons and property and morals Of its citigens; and
to exercise its own discretion as to what persons
from abroad might prove injurious to either.
In 1880 il was found Ireland was pouring upon
our shorea tide Of pauperism and disease, The
yictims Of centuries of oppression ndwrong came
hither to seek relief and suooor. Poorhouses and
hospitals were emptied of their contents, which,
at the public expense, were transported hther
Did any man doubt the rightful authority of the
Legislature to put stop to this; to say that these
persons, however ground down by oppression and
distress at home, must not be thrown upon our
hande? No one, that ever heard of, doubted it. |
On the contrary, very stringent laws passed,
which We have been struggling ever since to main
IL