The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-05-22
Dr.. Fley4's speeeh

fore our readers as indicating the present views
of the Freesoil Democrats OF that State whom
he represents 1t will be seen that he talks out
very plainly:
The fourth act of the series constituting the
compromises, and known AS the fugitive slave
law, has perhaps caused more excitement than
any other in the public mind. The constitu-
tional provision on this subject is found in the
second section Of the fourth article OF the Con-
sttution of the United States, and in these
words:
mo person held to service or labor IN one
State, under the laws thereof, escaping into
another, shall in consequence OF any law or
regulation therein be discharged from such SER
vice or labor, but shall be delivered up on claim
of the party to whom such service or labor may
be due"
This is to Northern people one Of the most
offensive features in the Constitution; bat il is
clear and unequivocal in its terms, and obi
gatory as any other clause OF that instrument.
The clause Immediately preceding, in terms
almost similar, requires that fugitlves from
justice who shall she found in another Stale
shall be- delivered up J" and this has been carried
into effect for the most part satisfactorily to the
several States by arrangements between them.
In relation to the clause concerning fugitive
| slaves, however, the Supreme Court Of the
| United States, with It's characteristic tendency
to consolidation, which has ever been so much
feared by the republicans Of this country, has
decided that TO Congress belongs the right Of
| legislating upon the subject of the taking and
delivery Of fugitive saves-a decision, in my
humble opinion, erroneous as a legal PROPOSE
ton, most unfortunate for those Interested in
the execution of this provision of our Constitu-
ton, and coiirming what ioas the Southern doc
trine, that the respectable bench OF presiden-
tial candidates who, in all the dignity which can
| be impaired by rusty black silk gowns, hold
their sittings in this Capitol is an unsafe and
unsatisfactory tribunal for the decision of ques-
tons partakng of political character; and
hereto agreed the convention Of the State of
New York which ratified the Constitution, for it
proposed an amendment providing for commits
sion to correct the errors" of the Supreme
Court. Sir, the danger TO this Republic is from
the judiciary. All history shows that the most
subservient tools of II bad government are po
litical judges. Freemen, neither North nor
South, will rest long under wrong without a
remedy; and when public confidence in this
count il lost as it may be--may it not those
who are aggrieved, be they South or be they
North, will not be slow to "judge for them
selves the mode and measure of redress" But
SO it is; Congress enacts laws to carry into
effect the provision of the Constitution for the
delivering up" of fugitive slaves, and speci,
men of it's handy work is before the country.
There is an ancient saying that the will Of the
people is the supreme law, and wise men gen.
orally endeavor so to frame laws as to meet the
appreciation of the good men of the community
in which they are to be executed. The fugitive
slave law is, Of course, to DO executed in the
fraa Sfufau nua WNulA that IL ahnulI
therefore, have been 30 framed as to conform to
Northern notions. 80 far as it might without i'm
pairing its efficiency; but judging from the
terms of the law, from its practical operation,
and supposing that men of sense intend that
which is the inevitable result of their acts, the
fugitive slave law was drawn and enacted more
for the purpose of wouDding and decorating the
feelings of the North--ol insulting its settled
convictions of right and wrong, than for the
purpose of securing the return of runaway
slaves. 1t may be that injustice is done TO the
trainers of the law by these remarks, for it may
have been intended as an experiment upon
Northern serviity to exhibit to the world the
profound depths Of infamy to which politicians
can descend. Indeed, sir the tradition connected
with the origin Of this law is this, and its pro-
bgbility challenges belief, that the distinguished
gentleman who drew it, but who was opposed
to the whole system ofthe compro Mise, purpose
ly filled it with provisions so shocking and re.
voting to every Northern mind as to render its
passage, as he supposed, impossible. Little did
he know how dearly some Northern men love
the South!
Sensitive as the North has always been upon
this subject, it may be profitable to examine
how far the provisions of the fugitive slave law
are calculated to conciliate its preudces and
secure cordial discharge Of the obligations of
the Constitution
The power of deciding the relative rights of
men we consider one of the highest and most
sacred functions of government; and men, for
this purpose, are selected from among the most
respectable in the State, of well established
moral qualifications, and legal learning ripened
by experience but the fugitive law scatters
broadcast through the North a judicial spawn
under the name of commissioners, W no stink in
| the nostrils of the peopie--appointed by sys-
| tenn of favoritsm, o. still more odious system
Of nepotism, distinguished by no quality which
can commend them to the confidence Of the pub
lie. They would suffer in the Judgment of God
and all good men by comparison with the ne
groes they arrest. Witness the case Mt Buffalo,
where the commissioner overruled the decision
of the United States district judge-the case at
| Philadelphia, where the willing Offices of the
| COuullsoiOuci WtIc uI'iut III kluUapnllO
free man--the case in New York where all
testimony in behalf of the person arrested was
excluded---the case at Harrisburg, where cause
was tried and concluded before day break. Now,
if Southern gentlemen doubt what sort of per-
sons are appointed commissioners under this
law, let me ask them what sort of persons would
| be found among them to fill an Office the sole
| duty of which is to supeiintend the arrest of
runaway negroes at SIS bead. Is there any
honorable Southern gentleman upon this floor
who would occupy such an office!
| Then, sir, tho executors of our laws, our
sheriffis and constables, are elected by the PEG
| pe--chosen for their fitness for those offices,
and responsible by their bail for their official
good conduct. BY the fugitive law the com
missioner is vested with authority to appoint
persons to execute the process issued under that
law, and the character Of the persons may be
inferred from the character of the appointing
power, and of the duties to be discharged. BY
our laws, persons are arrested by due process
issued by some responsible officer and running
in the name of the people of the State. Your
| fugitive law says, man may be arrested by