The daily union., 1852-09-30


bunals d every Slate should PLACE implic, condolences
ia the justice OF the decisions OF the tribunals OF every
other State, and therefore, without any other inquiry
States from which they escaped fugyes from service
and fugtives from justice But wish TO give high
authority 10 show that the constitution did not conem
place nrqn prsliinay inquiry on the surrender OF
ugve from Justice Justice Story remarks in the clause
Immediately following that to which called the atten.
ton OF the Senate just now sta .ssA
II obvious these provisions for the and
mova Of lusiyes Of both classes oon,empia,e summary
iniS'ela pfoesedlng and not the odina course Of n
be we-ioonded or the claim Of ownership be sbshed
beyond all legal controversy In cases o suspected crimes
a o spoa e s I %
shall be delivered up All that would sse IN such eases
dence before lie executive authority 10 satisfy Judgment
ha, there is probaIe cause 20 heeys 'is psly saly
ml,eht Tor trial And i'd the ogtve slaves there
would seein to be the same necessity OF requiring only
Iomal his rights by suit the
law Congress appear 10 have acted upon this olnioH
and accordingly in the statute upon this subject have au
hozed summary proceedings Lrioe magistrate, upon
which he may grant warrant Tor remoyaL" Vt.
Now. here s statute which for half century has.
until very recent period, been admitted BY all hands TO
be perfectly within the scope OF our authority under the
constitution. Yet, for the purpose OF agitation, fo po
cal and sectional purposes and may very properly add
Tor nlschlevous purposes It's consuiionalty Is to be
brought in question all respect for the uniform decis
ions OF judicial tribunals is to be thrown asde and the
whole matter is to be considered as if the constitution
was adopted but yesterdayha we are dow 10. the first
time to fix its meaning. Yes sir and more than that
This enactment is 10 be met with species Of de-
nunciaory words which the skill OF the senator from
Massachusetts can command TO Willy and abuse lis
character " outrage against God "violai0n OF
all the ordinary principles OF humanity law identical,
in these pdtctar5, with the one which received the
sanction of Washington and all the great pafols 6f the
revolution.
The senator made reference to the provision OF the
constitution in regard 10 trial by jury 1t is sufficient to
say that there Is no case under the amendments OF the
cono,ution-@and the constitution itself has no provs.
ion in regard 10 trial by jury in such which pro;
vdes for trial by jury IN such cases these, In all
sus al law where the value controversy shall exceed
$40 the right OF trial by jury shall be preserved That
is true but This is not suit at law in which court has
pronounce upon the value OF the PROPERTY II it were
question OF property There only in which
the constitution alludes 10 trial by iuy-cases of trial
for crime, and cases OF property exceeding in amount the
sum oil $50.
Now, the senator from Massachusetts, in the course Of
his remarks, has made great many references to the
opinions expressed and entertained many years ago by
eminent southern patriots and statesmen. He has called
them a0oonsts. He applied the term abotionst 10
such great and good man George Washington. Sir,
in the Senate in which that word used, il is i'm.
possible iat eaer calumny could be pepefaisd upon
the memory OF that great Than 10 call him aboli
uonist II what sense was he an abolitlonis' Did he
wage war upon, slavefyi Did he seek deprive men
who owned slaves oil their property Did he seek TO
prevent The laws from being executed which were pass
ed Tor The recovery OF fugitive slaves' No. air never
hen he make his arrangements for leaving this
world, be did with his own slaves what he thought was
right 10 do with Them He emancipdted them, but not
Immediately and absolutely. He gave them to his widow
during her life, Was be indifferent 10 The recovery Of
slaves when they escaped No, sir the very letter
which the honorable senator from Massachusets pro.
duced, when the whole OF il read at the Clerks
DESK shows the contrary. His servant girl escaped from
him lie was desrous OF recovering her. and he wrote 10
friend aid In plishing that purpose for him He
lice possible and pat her on boaI vessel coming
from Phllade phia 10 Alexandria but be said he would
rather lose the services OF the negro altogether than 10
be the means, by the her seizure. OF creating
riot or mob. or OF producing any uneasy feelings IN
The minds OF good citizens.
Mr.. BAYARD He was then President Of the United
| States.
Mr. BADGER As my friend from Delaware Justly re
marks he then President Of the United States. He
occupied such position that The assertion OF his private
rights, which would have been jushable in an individual
and might have been jusl6ab in him, would possibly
have been unwise and mpolilic But he was touched with
no principle feeling OF modern aboionsm Like many
patriots OF that dayand JeHe rson was one oil
entertained the idea that would be practicable abolsh
slavery without nj0ry 10 the southern planter; and they
looked forward, hrst gradual ameloallon and then
gradual extinction OF the institution hut they confined
themselves 10 their own bawicks they proposed no IN
OF the rights OF Others either directly or indirectly
They elevated far above sach patriotism as that
What they spoke OF was delivering from bondage Their
own slaves not the slaves OF others The object they
had in view consider whether, and how, and when
they might ii at all, extend the boon OF liberty 10 those
who were then slaves and when they came TO dispose OF
thought proper 10 do directed their slaves 10 be eman
cpaed not The principle OF modern aboliionlsm, but
the voluntary act OF the masters Why, the lamenied
statesman who two years ago acted such conspicuous
IN procuring The passage OF the law that The gene-
man seeks by his amendment 10 repeal who now rests
in his grave aud who has surrendered bis splnt 10 the
God thai gave iby his last will and testament made pro-
vision for the emancipation OF his slaves after The death
OF his widow. But was he an aboiionstl Had he any
sympathy with abolitionIssp Was he, because he CHI Sc
TO eancpate his slaves, desrous OF weakening the
Droce mIht
sir he entirely distinguished, in every respect, from
the spirit OF modern aboionsm. Modern abolition
ism Is a wanton and mischievous interference with
the property OF others, The abolIonisis oil former
days were men who sought 10 deal only with those
matters which belonged 10 them; and those abolition
societies which existed in other Staes-ln States where
there were no slaves, or where slavery had ceased
10 be a matter Of any importsnce-rought not 10 put
any compulsion slave. owners. Dad they not ior
many years have their State acts for the benefit OF so
juurners who passed through the country Although
the constitution extends no protection to the master who
voluntarily transfers his slave into another jurisdiction
where slavery does not exist. yet for long time the
free State. had desire disposition 10 any way 70 in
terfere with the rights or feelings OF Their southern
brelhen and hence that they made provision TO
enable those who solounets among them TO retain
and carry home such slaves they might bring with
them for domestic service Those bad no relation.
ship with the spirit which influences anu-slayery and
abolition societies oi the present day.
have said then, lar as this argument y concerned,
that il we can place any reliance on the judicial admns-
traon OF the constitution Tor hall century, and on the
opinions OF the most IN the country respect
ing this clause OF the constitution, il is clause which
coners power upon Congress to cause the restitution OF
labor the passed in 1893, and, by