The daily union., 1852-09-29

Of the vigorous maxim OF the common law. that he is
cruel and impous who does not always favor freedom
With this key, The true Interpretation 10 natural and easy
Briefly, the States prohibited from any law OF reg
ulaton by which the fsgitve may be discharged, and
on the establishment OF the claim 10 hls service he IS TO
be delivered up But the mode by which the claim is 10
be tried and determined is not specified All this is OBJ
Viousy within the control OF each State II may be done
by virtue OF express legislation IN which event any
legislature Justly careful OF personal liberty, would sur
round the fugitive with every shield of the law and con-
stutioD But such Legislation may not be necessary
The whole proceeding, without any express legislation,
may be left the ancient and authentic forms OF The
common law, familiar TO the iramers OF the cot-
suulion and ample for the occasion II ne iugllNe
be seized without process, he will be entitled al once
to his writ de homine reptegiaadO while the MASTER
resoring 10 process may lind bis remedy 10 ihe VIII
de natip0 habendoeach writ requiring lfai Dy Jury II
iron ignorance lack OF employment, these processes
have sumbered in country, sui they belong TO the
great arsenal of the law and continue, like other
ancient writs tanquan gadua IN uagina ready TO be
employed at the first necessity They belong TO The safe
guards OF the citizen. But IN any event, and IN either
alternative the proceedings would be by "su al com
law" with trial by jury; and It would be the sol,
duty OF the court, according TO all the forms and
proper delays oil the common law, 10 try the case on he
enthusiastically to apply all the protecting rules OF evil
dence, and especially 10 require stringent proof by coa
peen witnesses under that ihe person
claimed held to service; that his service was due
10 the claimant that he had escaped from the State
where such service was due; and also proof oil the
alrs OF the State under which he was held. Still further
The courts of each State must belong the delermina-
lion OF the question: what classes OF persons, accord
ing 10 Just rules OF Interpretation, the PIN persons
held service or labor" is strictly applicable.
Such this much provision. The slave States
The formation of the constitution did not PROPOSE as
in the cases OF naturalization and bankruptcy, to EN-
power the national government 10 establish uniform
rule for the rendition OF fugitves from labor throughout
the United States they did not ask the national govern
charge itself in any way with this service they
did offend The country and particularly the
northern States, by any such assertion OF hateful right
They were content, under the sanctions OF compact,
to leave II to the public sentiment OF the States There
insist il shall remain
Mr. President, have occupied much time; but the
great subject still stretches before u.s. One other point yet
ramans which should not leave untouched. and which
Justly belongs TO the close The slave act violates the
modesy and yet with frmness let me add sir it ofends
against the divine law. No such enactment can be en
tied 10 support As the throne OF God is above every
earthly throne his laws and statutes above all the
laws and statutes of man. Toqneson these is TO ques-
ton God himself But 10 assume that human laws are
beyond question is to claim los their fable authors IN
fability To assume that they are always In confOr
nifty with those of God is pesumptuously and impiously
to exalt man to equality with God. Clearly human
laws are always in such conformity; nor can they
ever be beyond question iron each individual When
the conflict open, if Congress should command the
of murder, the office OF conscience. as final
arbller is undspu,ed But in every conflict the same
lueenly Office is hers BY earthly power can she be
iethroned. Each person, after anxious examination.
without haste, without passion, soiemnly Tor himself
must decide this great controversy Any other rule at
tributes nfaibily TO human laws, places them beyond
any question, aud degrades all men TO an minimizing, pas
sive obedience.
According to ST. Augustine an unjust law does not
appear 10 be law isI Udetur que jlstG non
tuem and The great fathers OF the church, while adopt
ing these words declare openly that unjust laws not
binding. Sometimes they are called '.abuses, and not
laws sometimes "violences,' and not flaws. And here
again the conscience of each person the final arbte
But this lofty principle is not confined 10 the church
of philosophy in early Europe name OF intel
lectual renown, the eloquent Abelardn Latin verses
addressed his son. has clearly expressed the universal
injunction
..Jussa po,es,atis tenenn dscutienda
Coes,is tib mox pericenda scas
Siquls diyins jubea, contraria jusss
Ie contra Dominum pacto nuila trahat"
The mandates OF an earthly power are 10 be discussed
those OF Heaven must at be performed; nor can
any agreement constran US agains, God Such is the
rule OF morals Such also, by the lips OF Judges and
sages, has been the proud declaration OF The English law
whence our derived In this conviction patriots
have learessy btaved unjust commands and martyrs
have died.
And now sir the rule is commended TO us. The good
,itiZen he thinks OF the shivetng fugitive gully OF
no crime pursued, hunted down like beast while pray
ng for Christian help and deverance, and as he reads
he requirements OF this act, is hlIed with horror Here
IS despotic mandate, "o aid and assist in the prompt
and efficient execution OF this law" Again let speak
frankly Not rasby would set myself against any pro-
vision OF law. This grave responsibility would not
lightly But here the path OF duty is clear by
tue supreme law which commands me 10 do no injustice;
by the comprehensive Christian law OF brotherhood By
the constitution which | am sworn TO support, ] AN
BOUND TO psoBEY Never, in any capacity
can render voluntary aid in its execution Pains and
penalties will endure bu this great wrong will not
do. "i cannot obey, but can suffer-" the excama-
tion of the author oil Pilgrims Progress when imprisoned
Tor dsobedlence TO earthly statute. Better suffer in
Justice than do IL. Better be the victim than the in
sirument of wrong Better be even the poor slave re-
turned to bondage than the unhappy commissioner.
There is, sir, incident OF history which suggests
parallel, and affords lesson of fidelity Under the tr
umphant exertons of that apostolic Jesuit N. Francis
N4yer large numbers OF the japanese, amounting TO as
many as Two hundred ihousand-among them princes
generals and the flower OF the nobilityuere converted
to ChrsiaEly Afterwards, amidst the phrensy o ciY
war, religious persecution arose, and the penalty o
death denounced against all who refused TO trample
upon the eigy OF the RedeemeT. This the pagan
law OF pagan land But The delighted historian records
that scarcely from the mutudes OF converts was
guilty of this apostacy. The law OF man set at
naugh imprisonment torture, death, were preferred
Thus did this people refuse rample the painted i'm
age. Sir multitudes among will not be less sieadas
ia refusing to rample the living image OF their
Redeemer.
Finally. sir for the sake Of peace and tranquility, cease
TO shock the public conscience for the sake Of the
sulion, cease TO exercise power which is nowhere
granie1 and which violates inyioabe rights expressly
secured. Leave this question where IL was left by our
fathers al the formation OF national government, in
The absolute control OF the Staes the appointed guar
dans OF personal liberty Repeal this enactment Let s
ierrors no longer rage through the land Mindful OF the
lowy whom IT pursues mindful OF the good men per-
picked by tsrequrements IA the name OF charity IN The
oil the constitution, repeal this enactment, totally
and without delay BE inspired BY the example OF Wash
ngon. Be admonished by those words OF Oriental pie
y-" Beware ot the groans OF the wounded souls. 0p-
press not to the utmost single heart for solitary sigh
mas power TO overset a whole world"
Mr.. BADGER obtained the floor but gave way 10
Mir. CLEMENS, who rose and SAID MIR President,
altt. uh hat M anla