The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02

law" with Trial by Jury and it would be the
solemn duty OF the court, according to all the
forms and proper delays of the common law,
to try the case on the evidence: strictly to an
ply all the protecting rules of evidence and es-
peclally to require stringent proof, bv compe
tent witnesses under cross-examnatOn. that the
person claimed was held to service that his
service was due to the claimant that he had
escaped from the State where such service was
due; and also proof of the lars of the State
under which he was held. Still further 10 the
Courts Of each State must belong The determi-
nation of the question, 10 WhGt classes of per-
sons, according to Just rules Of Interpretation.
The phrase persons held 10 service or labor IS
strictly applicable
Such is this much-debated provision. The
Slave States, at the formation of the Constitu-
ton, did not propose, as in the cases of Natu-
ralization and Bankruptcy to empower the
National Government 10 establish an uniform
rule for the rendition Of fugitives from labor.
throughout the United STATES. they did not ask
the National Government to charge itself in
any way with this service they did not VEN
ture to 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 it to the public
sentiment of the States There, insist it shall
remain.
Mr.. President, have occupied much time
but the great subject still stretches before us.
There is yet one other point which | should
not leave untouched, and which Justly belongs
to the close The Slave Act violates the Con
stitution and shocks the Public Conscience.
With modesty and yet with frmness let me
add, sir, it offends against the Divine Law. No
such enactment can be entitled to support As
the throne of God is above every earthly throne,
so are his laws and statute above all the laws
and statutes of man. To question these is to
question God himself But to assume that hu.
man laws are beyond question is to claim for
their fallible authors infalEbility To assume
that they are always in conformity with those
of God is presumptuously and impiously to ex-
alt man to an equality with God Clearly hu.
man laws are not always in such conformity
nor can they ever be beyond question from each
individual Where the conflict is open, as if
Congress should command the preparation of
murder, the Office of conscience as final arbi-
ter is undisputed. But in every conflict the
same Queenly Office is hers By no earthly
power can she be dethroned Each person,
after anxious examination, without haste, with
out passion solemny for himself must decide
this great controversy. Any other rule attrib-
utes infallibilty to human laws, places them
beyond any question, and degrades al men to
an unthnking passive obedience
According to St. Augustine, an unjust law
does not appear to be law ler esse non eide
tar qua j,std non fusrit and the great fathers
of the Church, while adopting these words, de-
clare openly that unjust laws are not binding
Sometimes they are called abuses" and not
laws sometimes violencesn and not laws
And here again the conscience of each person
is the final arbiter. But this lofty principle is
not confined to the Church A master of phi
losophy in early Europe, name of ntellectu-
al renown, the eloquent Abeard, in Latin
verses addressed to his son. has clearly express
ed the universal injunction
Jussa potestatis terrence dscutienda
Coelestis tibi mox perfeienda scas.
Siquis dvinis jubeat contraria jussis
re contra Dominum pactio nulla trahat
The mandates of an earthly power may be
discussed; those of Heaven must at once be
performed; nor can any agreement constrain
us against 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 own is derived. In this conviction
patriots have learessly brayed un just COM
mands, and martyrs have died
And now sir, the rule is commended to us.
The good citizen, as he thinks of the shivering
fugitive, guilty of no crime, pursued, hunted
down like beast while praying for Chris
tan help and deliverance, and as he reads the
requirements of this act, is filled with horror.
Here is a despotic mandate, "to aid and as
sist in the prompt and efficient execution Of
this law" Again let me speak frankly Not
rashly would set myself against ANY provi-
sion of law. This heavy responsibility | would
not lightly assume. But here the path of duty
is clear By the Supreme Law, which com.
mands me to do no injustice by the compre.
hensive Christian Law of Brotherhood By The
Constitution, which / haze sDorn 10 support
| AM BOUND TO DIsoBEY THIS ACT. Never, in
any capacity, can render voluntary aid in its
execution Pains and penalties can endure
but this great wrong cannot do. =" cannot
obey but can suffer- was the exclamation
of the author of Pilgrims Progress, when i'm
prisoned for disobedience to an earthly statute.
Better suffer injustice than do it. Better be the
victim than the instrument OF wrong Better
be even the poor slave, returned to bondage,
than the unhappy Commissioner
There is. sir, an incident of history, which
suggests parallel, and affords a lesson of
fidelity. Under the triumphant exertions of
that Apostolic Jesuit, st. Francis Xavier, large
numbers of the Japanese, amounting to rs
many as two hundred thousand-among whom
were princes, generals, and the flower of the
nobIity--were converted to Christianity. After
wards, amidst the frenzy of civil war, religious
persecution arose, and the penalty Of death
was denounced against all who refused to
trampIe upon the efiigy of the Redeemer This
was the Pagan law of Pagan land. But the
delighted historian records that scarcely one
from the multitudes Of converts was guilty Of
this apOstacy. The law Of man was set at
naught Imprisonment torture, death were
preferred Thus did this people refuse TO tram
pie on the painted image. Sir, multitudes
among us will not be less steadiast in refusing
to tramplc on the living image of their Re-
deemer.
Finally, sir for the sake of peace and tran
quility, cease to shock the Public Conscience;
for the sake of the Constitution, cease to exer-
of rights expressly secured. Leave this ques-
ton where it was left by our fathers, at the
formation of our National Government, in the
absolute control of the States, the appointed
guardians of Personal Liberty. Repeal this
enactment Let its terrOrs no longer rage
through the land Mindful Of the lowly whom
it pursues, of the good men perplexed by its
in the name of charity, in the
name of the Constitution repeal this enact
ment, totally and without delay Be inspired
by the example of Washington. BE admon-
ished by those words of Oriental piety-" Be-
ware Of the groans Of the wounded souls. OPP
press not TO the utmost Single heart for a
solitary sigh has power to overset whole
world"
CONGRESSIONAL PROCEEDINGS.