The daily union., 1852-09-30


The senator from Massachusetts brings here and circulated
Through the country specious and deusye as we know
them 10 be- that u Is by means necessary they should
But, sif, the senator's first objection, have mem
noned is that under this provision OF the constitution,
Congress has no power TO pass law OF the klpd that
10 IN the nature of compact 10 be executed betweeh
the States and that he Several States are dtermine
iof themselves in wha senee and TO what extent II IA
binding, and how far and Id what manner they will
Sue H. Let us inquire for moment on what pretence
that is founded These provisions with regard TO ugi-
ives IRON justice and fuglves from labor form the two
last clauses OF the second section OF the fourth article OF
the constitution, and ara IN these Words
"a person thafged in any State with treason, felony.
oheI crime. who shall se from justice aud be found IN
another State shall demsnd Of the executive auth y
moved 10 the State having Jurisdiction Of the crime.
No person held to service labor in STATE upder
the laws tbereo escaping ino another, shall IN ccnse-
9uencs ofany law oegu,ion .hsren, be discharged from
s 6 as M s T a" Of
Now. Mr., President, il might admit Of some question,
there might be possible doubt with regard to the first
sause relating 10 the escape o ugiives from justice,
a a esas ss. refers S nS
Of the executive authority oi The ssis from which he
fled but in The second cau,o hsJc is reference TO
remote With regard to ,he arst oi these clauses this
same aci OF 1893 has prescribed the whole proceeding
tor its being enforced and carried into execution has
is to be made, il has objected svSry step to be taken to
make il The duty of the executive of the Stale 10 which
The fugitive has escaped, under the constitution to
State from which he escaped ,bsiug, believe, clearly
admitted on all hands, and denied by nobody-because
there is purpose of political agitation TO be answered.
oy such den'aha' Ina The ,. Of these clauses = to DC
pray you ask yourselves how s possible that the second
clause lett as mere agreement OF compact 10 be exc.
cu,ed at the will and pleasure and Ia the degree and
consider very high authority /, i. WHAT'S said By Mr.
Justice Suty In regard this clase for the surrender OF
Issi,lves from service In his Commentaries on the
Constitution he thus expresses himself L.
"Ths clause introduced into the aons,i,ution solely
for ha benefit OF the slavehodiny Sss enable them
oher States whsre slavery was mol tosa,sd The want Of
such provision, under the coniedeAtian, was et as
many etaes aid whatever would be allowed The
and sometimes, indeed they With open resistance
In isc cannot escape the attention Of every Intelligent
readef that many sacrifices Of opinion and seng TO
be found made by the Eastern and Middle Ss,es iohe
Ss i sS sSooS ove and
mschieyous notion that the South has nat tat all times had
It's full share OF benefits rom the Unon."s \. sNE4
Mr. Jus,ce Story here nfotms us that ,AS, proyis on
introduced expressly for The benefit of As slavehold
log S,s,es the want of such provision in u Arces OF
Confederation being subject OF grievouS 0empa NJ
Why 30 because they not only received M laeSiance,
bot In somS OF The States they were actually s with
open resistance II that were the purpose Of ing
the clause, how absurd 10 suppose lha when - clause
the mercy Of those very States which had refua aid
them 10 corssi which grievance tha, clause ws iro
d'sfa sGS SGMNER a; VIII the senate. from North
lima allow me 10 ask him whether there was any ~
.hony ior .his hJoad s'atemen, anterior to that Of ~
Nit Ms BxbdEa, Mr.. Justice Story cites the aulhori,
ties. They will be found Ia foot note.
Mr. SUMNER. would like to know who they are J
/ Mr.: BADGER The senator from Massachusetts can
Mr.. SUMNeR. Ny owa examination has brought me
TO the conclusion that there was no sufficient authority
S ns X. :. made BY certainly
i Mr.. BADGER think the senator said that before !;
and wish % say, that deem the authority Of Just &C
Story OF ten thousand lines more value than that OF the
senator from Msssschuscs, who will please TO have the
decency not 10 Interrupt me, because know that these
Interruptions are msJe for no iaiI purpose perceive
Their object, and In no view will he make anything out
OF it,
That is the statement, Mr. President, OF Mr.. Justice
Story, as eminent Tor his character and integrity and his
accuracy and research in the history OF his country
for his profound knowledge OF its laws and its consiu
tuton. And now told that we to refer Il 10
Massachusetts TO tell us in what degree and in what
manner we 10 have that clause enforced and here
the exponent OF that docirnehe senator from Massa
chusets-athrms 10 US that the surrender OF fugitive
slave is "crme agans, Heaven and against Godp II the
surrender oil the fugitive really be crime, II the object
TO be avoided by repeating this law is the surrender OF IA
gtve slaves, then, OF course Massachusetts must take
care II she is to have the benefit and advantage arising
from repeal OF this fugitvesave law, to
the acts which she may pass Tor The proessed purpose OF
carrying this compact into execution as TO make II entirely
fruitess IN practce Otherwise the slave Is surrendered
and the difficulty 10 no, that the free shall be kid
mapped into slavery but that the man who truly slave
shall be returned 10 hls master The senator from Mas
sachuses considers that when slave escapes from his
master, be Is entitled 10 protection and security that
this solctude about the constitution, aad the anxiety 10
refer the matter back to the States, resolves itself plainly
into hs-hat the States may prevent the execution Of
that clause o the constitution which Justice Story az
firms was inserted for the benefit OF the STAKEHOLDER
In the next place. the senator from Massachusetts, has
laid down with considerable confidence the proposition
that that clause does not either directly by any fair
slave" is not mentioned in it, Well, suppose that
all depends the meaning OF the word slave" IL de-
pends on whether slave is a person who is held to
service II he is held to service labor, he comes with
10 the clause OF the constitution and II is immaeria
whether the term is mentioned or not According 10 the
constitution any person who under the laws OF partcu
lar State is held to service labor, who escapes into
another shall be restored the person who has the claim
TO that service.
Then, the objection that the senator has taken s
that the fugitive slave law is violation OF the constu
ton, because IL does not give trial by Jury and he has
referred to good many cases IN Engand and elsewhere
and shown, what nobody has denied, that, according
to the principles OF the common law, when claim ls
made by suit settle the question wheihera man s or rs
not slave, IL is regular action at law TO be tired by
Jury There is no question OF that there Is no doubt
about 1t bat what has that TO do with the question.
should be glad to know from any legal gentleman in this
body, what instance tbefe In which the common law
ever empannesa Jury decide fact except where de-
cson OF that fact by the jury will be final between the
parties TO the issuel There is other case. And so
careful is the law that subject as all legal