The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-06-03
ne several States, by arrangements between

Ia relation to the clause concerning fugitive
slaves, however. the Supreme Court of the Uni
ted States, with its characteristic tendency 10
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 Slaves decision in my
humble opinion, erroneous as legal PROPOSE
ton, most unfortunate for those interested in
the execution of this provision of our Constitu-
tioB, and confirming what tcas the Southern
doctrine, that the'respectable bench Of Presi-
Dental candidates who in al 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
questions partaking 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 a
commission to correct the errors OF the Su-
preme Court Sir, the danger to this Republic
is from the judiciary. All history shows that
the most subservient tools of bad Government
are political judges. Freemen, neither North
nor South, will rest long under wrong without
a remedy; and when public confidence in this
court is lost as 1t may be-may it not those
who are aggrieved be they South OF be they
North, will not be slow to Judge for them
selves the mode and measure Of redress But
so il is; Congress enacts laws to carry into eff
feet the provision Of the Constitution for the
delivering up" of fugitive slaves, and speci-
men of its handy work is before the country.
There is an ancient saying that the will of
the people is the supreme law, and wise men
generally endeavor so TO frame laws as to meet
the appreciation Of the good men of the com
munty in which they are to be executed The
Fugitive Slave Law is, Of course to be execu-
ted in the free States One would suppose that
it should, therefore have been 50 framed as to
conform to Northern notions so far as it might
without impsiring its efficiency; but Judging
from the terms of the law, from its practical
operation, and supposing that men Of sense in
tend that which is the inevitable result Of their
acts, the Fugitive Slave Law was drawn and
enacted more for the purpose of wounding and
lacerating the feelings of the North, of insult
| ing 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 re-
marks, for it may have been intended as an
| experiment upon Northern servility, 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 probability challenges belief
that the distinguished gentleman who drew it
but who was opposed to the whole system of
the Compromise, purposely filled it with pro-
visions so shocking and revolving 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 preiudices and Sc
cure 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 funut,ons of Government; and men, for
this purpose are selected from among the mos
respectable in the State, of well-estabsheC
moral qualifications and legal learning ripeneC
by experience; but the Fugitive Law scatter
broadcast through the North a Judicial spawn
under the name of commissioners, who stinRii
the nostrils of the pe0pie-apponted by sys
TEN of favortisn or still more odious system
Of nepotism, distinguished by no quality whic
can commend them to the confidence of tn
public. They would suffer in the Judgment {
/ God and all good men by comparison with tn
/ negroes they arrest Witness the case at Blu
= falo where the commissioner oyerruled the d.
: cision of the United States district judge--tl
! case at Philadelphia, where the willing ofhc'
of the commissioner were made available
, kidnapping free mantle case in New YOr
where all testimony in behalf of the person a
rested was excuded--the case at Harrisburg
where cause was tried and concluded befoi
daybreak. Now, If Southern gentlemen doul
what sort of persons are appointed comm
sioncrs under this law, let me ask them wha
sort of persons would be found among them I
fill an office, the sole duty of which is to super
intend the arrest Of runaway negroes at fy
dollars a head. Is there any honorable Sohth
en gentleman upon this floor who would oc
cupy such an Office
Then, sir, the executors of our laws on
sberiffs and constables, are elected by the pee
ple--chosen for their fitness for those Offices
| and responsible by their bail for their offcia
good conduct By the Fugitive Law the com
missioner is vested with authority to sppoin
persons to execute the process issued under
that law and the character of the persons may
be inferred from the character Of the appoint
| ing power, and Of the duties 10 be discharged
BY our laws, persons are arrested by duo pro-
cess issued by some responsible officer, and
running in the name Of the people Of tho State.
Your Fugitive Law says man may be arrest
ed by selling him without process; and I'M
| der this provision in the Buffalo case, man
was arrested by being served with billet OF
| wood laid over his head, crushing his skull,
and 80 stupifed and half dead, with blood and
water oozing from his mouth nose, eyes, and
ears dragged before your commissioner, tried,
and delivered up And in more recent case
at Columbia, in Pennsylvania, we are told by
the newspapers that
"The fugitive, whose name was Smith, made
an attempt to escape when officer Ridgely
drew a pistol, and discharged the contents
through his neck, and Smith fell dead instant
lyn
II remains 10 be seen how strictly Maryland
adheres to the Compromise Of the Constitution,
which requires fugitves from justice to be de-
livered up
Ia New York, probably in all the States, oil
considerations which may bins the decision OF
court are removed as far as possible that
judgments may be rendered conscientously,
and the public inspired with confidence IN the
integrity Of the judiciary The Fugitive Slave
Law offers in plain, direct, and nnequiyocal
terms, bride Of five dollars for deciding against
the liberty Of the person arrested. The iden-
teal services which are remunerated by five
dollars, if the person il declared free, is remu-
neratcd with ten dolars il he is declared slave
This may be considered a small bribe; but let
ii be considered, too, TO whom il In offered.
Every man has his price, says q distinguish
Cd parsonage; and the price Of Fugitive Law
commissioner, upon any just principle Of APP
praisement, ought 10 be very low 10 a word,
sir. the system Of adjudication provided by the
T. 4 III, "a