Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-05-28
THE rU,iiTqvE SLAVE LAW.

'"iu "ild oVaet eHsiohs LOT the year ending
June 3Oth, 1858, being under consideration in
committee of the whole
Mr.. BAYLY, of Virginia, said that there were
two propositions which he desired to discuss: the
first that the Fugitive Slave Law, like any other
law OF Congress Is open to repeal; the other that
resolutions to reaftrm the Compromise measures,
they being the law of the land are idle if not mis-
chievous He utterly denied the truth of both pro-
positions. In the first place, he said the Fugitive
Slave Law was one that was passed to execute a
provision OF the Constitution and the enactment of
winch the Constitution requires; and he main
tanned that Congress is under precisely the same
obligation to pass all laws which are necessary to
execute the provisions of the Constitution as it is to
abstain from the enactment of all laws which the
Constitution prohibits; and when Congress has
passed law necessary to execute the provisions
OF the Constitution, it is precisely unconstitu-
tiona to repeal it it is to enact law which the
Constitution absolutely forbids. If he was right
in this position, he was certainly right in denv-
ing that the right exists to repeal the present law
for the rendition of fugitive slaves, unless to sub
sttute other provisions equally effective. The
enemies OF this law have seen this =; hence thew
have taken the position that it is unconstitutional
AS to the second point, he said they were told
that until a proposition made to repeal the
Compromise measures, they being the law of the
land, 1t was idle and mschievous to undertake to
talk about reaffirming them. So did not think
our English ancestors and Lord Coke Ills us that
Magma Charta was reafirmed thirty-two times:
and he then argued to the effect that although
laws may exist, it is sometimes necessary, when
dangers threaten, to reaffirm them and thus pre-
serve the public liberties. He spoke at length of
the duty OF Congress to enforce the Constitution
ana pass such laws as are necessary to carry out its
provisions, no matter how odious Gas was the Flu
gitive Slave law to some portions of the people.
They who would undermine the Constitution.
though not aliens in birth and language, are
as much aliens in their feelings of loyalty
to the Union as those born in foreign
cline. He was not one of those who would
60 before their constituents and deceive them
by telling them all dangers about the slave
ry question were ended by the enactment of
the Compromise measures. If the two great
parties OF the country will come out, and conduct
their canvass with fidelity to the Constitution thew
will find safety in cutting off the Vaccinations of
these Aliens The monster prowlins about in
1880 was killed; but, before he received his death
wound, he had won his way, like the pestilence
which walketh in darkness, into every hole and
corner of the Union, and left his accursed eggs
behind him, Let patriots hunt them out, and
with gentle stamp of the foot crush them for
ever But only let them bask in the sunshine
and they will hatch into life race of perfdious
reptiles, defing the ground on which they crawl
Mr.. CARTIER remarked that he had occupied
seat in the House for nearly three years, lead
ing legislative life, and that the topic which has
just died away on their ears had been a constant
theme OF discussion. In view of this, he entered
his protest against 1t. So solemn had become the
Compromise measures under the ayowal lust
made by the honorable member from Virginia
who denounced portion of them as unconstitu-
tional when they were passed, that he came for
ward to canonlze them into the Constitution, and
pronounces the repeal of any one of the measures
as repeal of the Constitutions and says there is no
right to do it.
Mr.. BAYLY said he addressed himself to two
points.
Mr.. CARTIER replied, l took up the first
Mr.. BAYLY further remarked, that he had spo-
ken of the Fugitive Slave law and slavery as con-
nected with the Territories.
Mr.. CARTIER said the language of the GENTLE
man was: the Fugitive Slave law is constitutional,
and it would be unconstitutional to re peal it,
Mr.. BAYLY. That's what said.
Mr.. CARTTER. That's what say you said
He then repeated that when the series of Com
promise measures were in process of passage, the
able and honorable gentleman denounced por-
ton OF them as Of doubtful consttutionality, and
voted against them; but now he proposed to canon
ize them part the Constitution
Mr., BAYLY disliked to interrupt the gentleman.
but he would ask what law he desired to canonize
into the Constitution!
Mr.. CARTIER. The only one you like, not
the others.
Mr.. BAY1Y replied, the others are already can
nonized, and are irTepeaable.
Mr.. CARTIER denied the whole doctrine. tt
was as pure legal sophstry as was ever uttered,
to say that the power which enacted law could
not repeal it; it was as much as to say that the
hog tbo T..
self evident absurdity. Now, he would agree with
the gentleman that tho Constitution contains
provision by which Congress may enact, and
should enact, law providing for the restoration
offugitives from labor. He had never doubted it,
although some gentlemen from the South. North, |
West and East regard it as a mere compact to be |
executed by the sovereignties composing the Uni
IN; and among this class of reasoners they do not
leny the obligation to surrender. They only
liffer with the gentleman (Mr. Bayly) as to the
source from which the authority is to be giyen.-
One party assigns it to the sovereignty of the
State, and the other to the Federal Government.
lie was in the same school of Interpreters with
he gentleman from Virginia, but when he (Mr.
3ayly) attempts to sanctify the Fugitive into
constitutional canon, and treads one step fur
her and says Y gu have power to re-enact it as
" the gentleman's reading of English history
Magma Cha1ta was re-enacted, he (Mr. C.)
would tread another path. He believed that all
legislation is subject to the intellectual advanta-
res of the period when the legislative mind is
'rought to bear upon the subject.
At this point the time to which the debate was
United expired, and at the suggestion of Mr.
Houston the Invalid Pension bill was laid aside
o be reported to the House, and that for the
payment of navy pensions taken up.
MIR. CARTIER there being no obecton) con-
lnued his remarks, noticing other parts of MIR.
5ayly's speech The gentleman from Virginia
le said, admitted that the Fugitive Slave law is
dious to portion of the people; but Mr.. Cart
attributed this to the fact that the sympathies
# the human heart everywhere are to graduate
liberty. Having made further observations up
m this branch
Mr. Polk reminded the gentleman that the