The daily union., 1852-10-01

tor hearing a subject on which he deemed il his
duty address the Seasie was courtesy aever refused
hefe.
/ Well. sir when the senat1r from Massachusetts was
thus refused hearing. what option efl 10 him His
oil public duty and personal CATION required him 10
declare hs views great subject he had discussed be
fore the close OF this You denied him aconvenen
opportunity That denial compelled him 10 avail himsef
ot an inconvenient opportunity You refused an ordinary
courtesy OF the Senate that refusal constrained him to
avail himself OF his rig hi senator rejoice that he
has done So The couutry will hear and judge. LEI
those who condemn the speech answer It's logic and fa
sfy It's history, il they can.
While do not pretend TO interpret The motives OF me
senator, there is one consideration which, can readily
imagine, may have had no lutte weight with hun HIS
speech will he received emphatic protest
against the savish doctrine Of fnaliy in legislation
which two OF The political conventions recently hell have
Ioned IN forcing upon the country. II Is novel doc
trne in this country, that act OF Congress, not in IT,
self contract incapable OF repeal essential mohh
cation. II is utterly repugnan 10 the principles OF the
democratic faith aud The split OF the American peo
II pie. No act OF Congress, with the exception just
named. is irrepealable No act Of Congress is beyond
the judgment aqd the reach Of the people, who make rep
resenialives, and senator's. and Presidents.
This attempt to exa The fugitive slave act above the
people will prove aborive ! do not know when The
hour Tor ls sesa will arrive but you may rely upon y
Iit will come. 6elieve, ndeed thai the tune Is moi ver,
distant when the people OF this country VIII become salis
ned ha has nG % sf1as On ~ ss Sns saI
extent every obligation wh,ch the constitution really I'm
poses, will sweep this law from the statute book as a
usurpation OF undelegaed power. @
Let me add, MIR. President, that in my Judgment the
speech of my friend from Massachusetts will mark
ERA in American history II will distinguish The day
the advocates OF that theory OF governmental poll
cy, constitutional construction, which he has ably de-
Tended and brilliantly lllus,raei longer content 10
stand on the defensive IN the contest with slavery, boldly
attacked The very citadel OF s power IN that doctrine OF
hnalty which two OF the political parties oil The coun
try, through their national organizations, are endeavor
ing 10 establish as the mpregnabe defence OF It's usurpa
| lions.
Let me say furtherand will no longer tespass upon
the indulgence OF the Senate-tha IN my judgment, tbs
country will only find repose from The slavery agitation
when Congress shall cease TO eglsaie oa The subject OF
MI DOWNS All tina. we wan, now is peace
/ Mr. CHASE May you have IL and that speedily.
Bat allow me 10 say that there be peace until the
Congress of the United States, returning 10 the original
policy OF the founders OF the republic. and discainns
all jurisdiction over the subject of slavery shall main
tain freedom wherever the national jurisdiction is exclu
sive, and leave the whole subject OF slavery and the
tradition OF slaves to the States to be disposed OF accor
ing 10 their OF justice, OF good ialih and OF
sound policy Then the question OF slavery will be with
drawn from these halls, aud will cease 10 vex our coun-
ellis and enh4rass legislation. Then the govern
ment OF The Union, conhnGg It's regards 10 those great
matters OF foreign and domestic policy which tue con-
stltuon has conndel 10 II, will 10 encioach upon
the rights OF The States and the liberties OF individuals
Then shall have peace. Then, indeed, agitation viii
subside and harmony will be restored look Tor That
time believe 1t will come, and know ot no object
worlher OF the best efforts oil patriots, or 10 which am
more willing to devote mne than that o Fastening lis
coming. a
4 Mr.. RUSK Mr. President. we have four days more
OF This remaining Six hours We have occupied
day, and OF the appropriation bills yet passed
Six hours oil this day have been occupied ny making
speeches upon subject that man IN The Senate viii
pretend TO say VIII change single vote upon The matter
The Senate OF the Unlled States, therefore, which is
pressed with business of vast Importance and much OF
II OF an important character have IN my desk which
necessarily be unattended TO in consequence OF the
prt OF tme has been used as sort OF stump from
which TO address the community on a very as'tang
que -lon. hope. and trust, and pray, that may
pa~p-au L Dp-
eve II cit mere for months, aud make tnese Ihet.
orca hourshe-, these appeals 10 ancient history aud
these quotations OF poetry and Lan that they Will ope-
rate upon single senator.
Mr. ToUCEY Mr President, l shall certainly not
enter into debate al this late peod OF the session upon
subject when would require a very extended examna-
on. As however, am called upon, ior the hsi iilne
to record my with reference TO Tue iu9itye law,
will express, in a very few words, the position which
occupy.
Sir the Constitution declares. in many words, that
fugitive held 10 labor in Sate escaping into an
other. "shaIl be delivered up" Another clause 10 the
constitution declares that Congress shall have power 10
enact all laws which shall be necessary and proper Tor
Carrying into execution the foregoing powers" which
mad been enumerated, land all other popsrs sesed by
this constitution in the government OF the United States,
or n any department or officer thereof Nov, sir this
provision in the constitution that fugitive slaves "shal
be delivered up" is the supreme law oi the land. No
law can be made in any State OF this Union in conflict
with it, and all laws that necessary TO carry that pro-
vision into effect may by the express grant of The con-
stution be enacted by Congress In pursuance there.
FORE oil letter OF the consiiluon-o the most une.
quvoca PROV sion OF The consttuona law was passed
ia the year 1893, aud that law, every point now IN
controversy has been adudged by The Supreme Court OF
! the Unied States TO be constitutional and valid. The
law o the last Congress contains no rower that Is not
embraced in the law o 1895 and ieei Justified IN say
ng 10 my place here, that the supreme judicial tribunal
OF this country would unanimously declare this law, as
they have declared the former law, 10 be strictly cons-
tutiona profess TO have some knowledge OF the opn.
ion OF the legal profession throughout this country and
venture affirm that II is the universal opinion OF that
proessonI do absoluie ey universal-out with
scarcely an exception-whout exception worthy o
noe-lhat this law is constitutional and IN strict pursu
|, ance OF the provision TO which have referred.
Now sit, the idea has been put forth by the senator
from Massachusetts that there is higher law than the
Judgment n opposition the expfess letter OF the const.
tuton-in opposition TO the decisions OF the supreme
Court and declare law 10 be unconstitutional and 10 De
void and he presses upon the people OF this country by
argument doctrines thai lead inevitably TO the resistance
oi the lawto direct, open, foreibe resistance Slr
listened a,tentvely to the speech OF The honorable sena
tor from Massachusetts, and II was able 10 understand
him. principal object OF that speech 10 sssai the
existence OF slavery the States, and 10 denounce the
requirement that those who held TO service, and
had fled 10 another State should be delivered up under
the provision Of the constitution say that all the topics
that urged upon the country tending 10 create ossat
Iisacuon with TINS law, based fundamentally upon
the idea that slaves ought not 10 be returned and that the
sttuion ought that respect TO be altered that the
letter. ibe spirit the meaning OF the constitution, and the
constitution ITSELF should be repudated. therefore re-
gard this whole agitation agitation against the con
situtlon.
Nothing will satisfy those who have expressed opposi-
ls.z - hptf fhn ~ Tho