The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-31

stand as II Is forever Now, sir, the assumption oil any
such ground is wholly incompatible with the duty which
Congress TO these Territories II any emergency
should spring up TO render legislation in Congress neces
sary expedent II is the duty OF Congress 10 respond
and il will legslae, Notwithstanding the passage OF any
any sentiments, which may be cherished or
cultivated in the country But II is perfectly obvious that
these territorial laws cannot be permanent We have
IN the hrs place. usage binding in It's Character TO ad
nit State created out OF territory of the United States
when the people are in t condition 10 be admitted II
there were nothing else that usage would be obligatory
upon US But there IS something beyond this Ihe
treaty OF Guadalupe Hdalgo provides that these Terrific
ries shall come into the Union when they are In suiia
BILE condition for that purpose is therefore, not only
repugnant 10 common sense but TO our duiy to under
take 10 say that law OF this description shall be pema
nent and iIrepeaable IN Its character The time must
come when constitution will be made for each Of these
Territories and that constitution will necessarily dspace
these territorial laws, and render them obsolete Then,
sir do not think that this resolution is very applicable
TO much OF the compromise relates to these
territorial governments. any more than 10 the Two pre-
ceding measures which have noticed ~ IL
Sir have dsposed6f fuur OF these measures; and
the nextisa little bill regard TO the slave traden the
District Of Columbis. That. sir, is very unmporant
matter, and may be despatched in very few words II
is know sometimes magniied into an important
cession but, whether important unimpoant do not
believe that anybody desires TO disturb it, This law, as
understand il, only brings the District to level with
the condition Of things in Maryland and by il the Dis
trc 10 now placed upon the same platform as that State
in this respect Il had fallen into the in the prog
ress OF things, and II is now brought up and placed
-
anxious TO repeal this law, should look upon such
with some regret although have no idea
that would be the occasion OF great many Tears be-
ing shed IN the country therefore dismiss that matter,
and come 10 the iugye-save law, which is the last OF
The comprehended by the Compromise. Ii will
be remembered that in the outse, this fugitive slave law
made no considerable figure in the report OF the great
COMMITTEES of Thirteen II noticed in their report,
but not in their BILL II had place in their original
bill But sir, this charmed robe OF Compromise" has
been thrown around this measure and from its very pas
8 he mn i'm n
measure embraced in that category. | do not see how
this resolution can apply to any one OF these measures
with any pernence unless II be the fugitive slave act
and 10 that view the fugitive slave act comes 10 be- il
Is, the Compromise itself
Mr. President | voted agains, this act, and voted
against Il because the convictions OF my mind settled
down upon the conclusion that my duty TO do il
not because then lei, fee any objection TO
Tying out that part OF the constitution which provides for
the return OF fugitive slaves No. sir There never was
a moment when had any doubt on that point That Is
part OF the constitution, aud the constitution is whole
II IS compact, and all lis parts binding upon every
porhon oil The countfy Some OF them are more impor
lant than Others but nevertheless all bAdIng all
are obligatory upon the whole country. No. sir am
not among those If there be any such who esteem part
oil the constitution as valid and another portion invalid
maintain no such doctrine that take the insiru-
ment it is, and willing, for one. abide by i, in
honor and IN good faith, and under all circumstances
which may exist.
voice. but y was against this particular law. Why did
vote when that act before this body Because.
Mr. President deemed the provisions OF IL, IN their de
iai as unsuitable IN Their characters because thought
they not pertinent and applicable TO the subect and
because did think that OF the great fundamental
features OF The constitution much dsregarded in
that bill
While | have disposition to agitale, neither have |
any conceameni OF my views on this subject; but
speak them frankly here and elsewhere am advo-
cate OF agitation know how extremely difficult il is
for gentleman 10 speak his thoughts upon this subec,
without his language being misunderstood and his sent
meats mIsfepesenied in the community; bat. nevehe
less whoever acts upon these questions mast encounter
There is, my judgment no question raised an The iu-
diciz tribunals Of The county which IS OF greater or
OF higher Importance than the question OF personal lib
eriy And II there be any question which IS entitled to
The deliberate consideration OF such tribunals, and 10 all
the guards and guarantees gwen in judicial forms 10
cure delberaIion and inparliay is Preemineny that
We'll. Mr. President, what are the provisions OF this
laxs Before, ,however, enumeraie them, ask atten.
uon for moment 10 the watehful guardianship and pro-
lection which the constitution gives to all parties who
enter judicial tribunal TO have question in ooniro.
yersy settled whether affecting property the person.
In the st place. whenever question al common law IS
put upon trial. involving property exceeding twenty dol
lars in value. to be settled BY Jury And sill more
waichiul 10 The constitution The rights of citizens
when charged with crime No can be held TO j.
swer for felony until the grand inquest have found
bill against him: nor is any put upon trial for
CRIME except by has peers-a petit Jury.
These are among the fundamental principles OF the
We learn from English history itself that
this institution OF jury considered the palladium
OF British liberty II there be anything precious
us--if there be any thing that effective
shield than all others between and the oppression OF
c0Bt-f ~ ibe interveniion OF mans peers upon
the question OF mans property or question touching
his guilt II be is charged with crime. mention this
merely TO show bow vgiiant the constitution is IN regard
10 pelso rgh and the right Of property, and how
ly guards ana protects the rights and Liberty OF every
eitizen.
! now return 10 the inquiry, What is this law :
yha, its provisions II provides iha, this great
question OF personal liberty shall be settled by Jury
not BY Judge, not by supposed 10 possess learn
ns and Official dignity. bqi "a aninfenor magistrate
tow The law iissif saysn JbM be summary ,T pro-
ressa process cornes. ineiead Of an opcn public
rial notorious TO everybody. Then again, the ques-
ion IS 10 be settled by evidence taken er puk,
which The party srraisned has opportunity meet.
10 explain, or 10 controveri- Then, AIR. President,
say that there has not been snfcieui regard paid,
question OF this description, TO the great fundamental
principles Of the constitution. But shall be answered.
he constitution IN relation 10 the return OF fugitive
slaves Is silent IN regard to Jury That - true IL
neither indicates that sry should be required nor that
i sboald not What under such circumstances, be
lone My opinion leads 10 this conclusion-oiher
gentlemen may difer and doubt do differ from me, bat
IN the absence Of provision my Judgment Is-tha they
should follow oui, IN making provision ia this case the
provision which the consultation MAKES analogous
,sses That would 10 to be the proper nferpre-
aioa Of the constitution itself II in other touch.
ng Liberty and property jury i required, II should be
esorte to IN this Without weinz long upoa this sub.
ect consider this Law as unnecessarily Stringent IN i,.
character, and not regarding sufficiently IN IFS provis-
ons the leading and fundamental principles OF the coBx,-
uuon, though do not TO say that u unconstu-
loRz M is provslons yet has not that respect for
'abjeci matter seems to 10 demand. and which fair
OF the proylsons REQUIRES This the view