The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02
THE NATIONAL ERA WASHINGTON D. c. SEPTEMBER O. 1882

light, that Arago the astronomer and philoso-
pher-devoted republican also-was redeemed
from barbarous Slavery to become one of her
greatest sons. Religion rejoices serenelv, with
Joy unspeakable in the final escape of Vincent
de Paul Exposed in the public square of Tu-
mis- to the inspection of the trafhckers in human
flesh, this illustrious Frenchman was subjected
to every vileness of treatment, like horse,
compelled to open his mouth, to show his teeth
to trot, TO run to exhibit his strength in lifting
burthens, and then, like horse, legally sold in
market overt Passing from master to master
after prOtracted seryitude, he achieved his
freedom. and regaining France, commenced
that respondent career OF charity by which he
is placed among the great names Of Christen-
dom Princes and orators have lavished pane
| gyrics upon this fugitive slave and the Catho-
| lie Church, in homage to his extraordinary
virtues, has introduced him into the company
of saints
Less by genius or eminent services than by
their sufferings, do the fugitive slaves of our
country now commend themselves. For them
every sentiment of humanity is aroused:
| - "Who could refrain
That had heart to love, and in that heart
Courage to make his love known"
Rude and ignorant they may be but in their
very efforts for Freedom, they claim kindred
with all that is noble in the Past They are
among the heroes of our age Romance has
no stories of more thrilling interest than theirs.
Classical antiquity has preserved no examples
of adventurous trial more worthy of renown.
| Among them are men whose names will be
treasured in the annals of their race By the
eloquent voice they have already done much
to make their wrongs known, and TO secure
the respect of the world History will soon
lend them her syenging pen Prescribed by
you during life, they will prescribe you through
all time Sir, already Judgment is beginning A
righteous public sentiment palsies your enact
| ment
And now, sir, let us review the field over which
we have passed We have seen that any COM
promise, finally closing the discussion of Sla-
very under the Constitution, is tyrannical, alb
surd, and impotent that as Slavery can exist
only by virtue of positive law and as it has no
such positive support in the Constitution it
cannot exist within the National jurisdiction
that the Constitution nowhere recognises prop
erty in man. and that, according to its true in
depreciation, Freedom and not Slavery is ma
tional while Slavery and not Freedom is section
was first organized under Washington, himself
an Abolitionist, surrounded by Abolitionists,
white the whole country, by its Church, its
| Colleges its Literature, and all its best voices,
was united against Slavery, and the national
| flag at that time nowhere within the National
| Territory covered a single slave still further,
that the National Government isa Government
of delegated powers, and as among these there
| 70 ;nst; Tut
cannot be national, nor can Congress in any
way legislate in it's behalf; and, finally, that
the establishment of this principle is the true
way of peace and safety for the Republic.
| Considering next the provision for the surren-
der of fugitives from labor, we have seen that
it was not one of the original compromises of
the Constitution that it was introduced tar
Oily and with hesitation, and adopted with
little discussion and then and for n long pc
Rod after was regarded with comparative in
difference that the recent Slave Act though
many times unconstitutional, is especially SO
on two grounds-frst, as usurpation by Con.
| gress of powers not granted by the Constitu-
ton, and an infracton of rights secured to the
States and secondly as a denial of Trial by
Jury, in a question of Personal Liberty and a
suit at common law; that its glazing unconsti-
Act which our fathers refused to obey as I'M
constitutional on two parallel grounds-frSt,
because it was q usurpation by Parliament OF
powers not belonging to it under the British
| Constitution and an infraction of rights be-
longing to the Colonies and secondly because
it was denial of Trial by Jury in certain
cases of property; that as Liberty is far above
property, so is the outrage perpetrated by the
American Congress far above that perpetrated
| by the British Parliament and, finally, that
the Slave Act has not that support in the
public sentiment of the States where it is tC
| be executed, which is the life of all law, and
which prudence and the precept of Washing
ton require.
Sir. thus far | have arrayed the objection,
to this Act, and the false interpretations out o
which it has sprung. But | am asked what
offer as a substitute for the legislation which
denounce Freely will answer. 1t is to be
found in correct appreciation Of the provis.
ions of the Constitution, under which this dis
cusson occurs. Look at it in the double light OF
reason and of Freedom, and we cannot mistake
the exact extent of its requirements. Here is
| the provision
fNo person held 10 service labor in State,
under the laws thereof escaping into another shall,
IN consequence OF law regulation thereln be
discharged from such service or labor but shall he
delivered up claim of the party to whom such
vice or labor may be due
From the very language employed it is obvi-
Gus that this is merely a compact between the
States, with prohibition on the States, confer
ring no pOtcer on The nation. In its natural
Specification it is a compact. According to the
examples of other countries, and the principles
Of Jurisprudence it is a compact. All arrange
ments for the extradtion OF fugitives have been
customarily compacts Except under the ex-
press obligations Of treaty, no nation is bound
to surrender fugitives, Especially has this
been the case with fugitives for Freedom. In
medieval Europe, cities refused to recognise
this obligation in favor of persons even under
the same National Government. In 1881,
while the Netherlands and Spain were united
under Charles V, the Supreme Council of
Mechln rejected an application from Spain
for the surrender of fugitive slave. BY ex-
press compact alone could this be secured But
the provision of the Constitution was borrowed
from the Ordinance Of the Northwestern Ter
ritory, which is expressly declared TO be COM
pact and this Ordinance, finally drawn by
Nathan Dane, was again borrowed in its distinc-
tive features from the early institutions OF Mas
sachusetts among which, as far back as 1913,
was compact Of ike nature with other New
England States Thus this provision is a COM
pact in language, in nature, in its whole his
tory as we have already seen it is a compact,
according to the intentions of our Fathers and
the genius Of our institutions.
As compact its execution depends absolute.
ly upon the States, without any Intervention Of
the nation Each State, in The ererei@ Of as
own judgment, riH determine for itself The pre-
ci@ extent Of The obligations assumed. As com
pact in derogation Of Freedom, it must be con
strued strictly in every respect-leaning al
ways in favor of Freedom and stunning any
meaning, not clearly obvious, which takes