The daily union., 1852-09-30
CONGRESSIONAL.
OUINu Ii nHDDIUINAL.
DEFERRED DEBATE.
THURSDAY. AUGUST 20. 1852,
IIs coSTINuArIos.l
SENATE.
THE fuGITIyE-sLAyE LAW.

NJ
, n contradiction that the Senate OF the United States
ssy heard more extraordinary speech than that wh'eh
hss ;ssl been delivered by the senator from Massacbu
sslis. [Mr SuMNER N ITS character ana
ost ex,raordnary in The uie and the occasion which
hs Gentleman chose for It's delivery. We have heard
.sh delivered by the senator from Massachusels--not
soeech in the ordinary sense IN winch we use lhai
term when describing what is SAID by hcnofahie gene-
n the uroxress of debate, but elaborate oraion,
carefully written, sludei Committed 10 memory and IN
rssJ IN various parts with curious quotations from
modern learning and wh ann sss nov aa
Ssn ,Hs senator did not condcseerd to translate them
;n,o Engsh presume were very aninteliglbe TO most
nf he members Of this body Theree hours and three
,srs has lhe gentleman occupied at this late period OF
~ sssson with This discussion. He came here pledged
f h, Is possibe that language delivered elsewhere can
nIedse man, 10 immediate prompts and perseyering ef
forts for the repeal Of the fugitive Islavsiaw.
MI BADGER He came here, as will show. pledged,
IL the language OF the senator has any meaning 70 m-
mediate instantaneous efforts for the repeal OF the iug
uyeslaye law Seven months of the session had passed
away; we had got far into the month OF July before any
effort that ever heard of, made by the senator to
introduce this subject TO the consideration oil the Senate
He then presented resolution, and asked that might
be taken up for consideration but, after remark made
by the senator from Virginia, Mr. MAsoN,l il recoect
righty--for was not here, bui saw these things men,
toned in the public prn:s-that it would be too late TO
make reply TO the gentleman at that period OF the
sion the Senate refused to assent 10 the reqaes And
now, when we have the civil and Diplomatic appropra-
ton bill before us, the gentleman offers proyiso TO An
Appropriation in that bill for meeting the extraordinary
Expenditures in the judiciary department, for the repeal
of the fugitive slave law and upon that motion, in the
language of the senator from Alabama, Mr.. CLEMENS
he "incs The Senate an Grafton OF three hours and
ree-quaileTs h
The sen,lemans Grafton divides itself into argument
and into rhetorical display J want to say few words
with regard to his argument; and let us see on what
grounds he bases the confident assertion that the fas
tveslave law which he wishes to repeal is violation
of fhe constitution OF the country.
He sets out with the declaration that it is fundamen.
tai in treating this subject TO suppose thai slavery
in the United States is national institution and there
fore entitled TO the assistance and the protection of the
laws Of Congress Now, anybody makes this mistake.
do not make It, do not suppose, and never had sup
posed tina, it was national Institution 1t is State in.
siution where exists. Ii il national inslitu
ton would be liable national control and il would
be liable, Tor aught know, 10 abolition by the national
authority. II is State institution, and do not claim
noLdo know any body who does, that il is institution
which belongs TO the United States OF America such
Then, what is the position that il occupies IL is this
is like many other Slate institutions. which purely
sectional. and yeti under the constituion entitled
certain degree of aid, under certain circumstances from
the general government The government OF each State
State institution; but II an insurecton break ou against
that government il is the duty of the United States, when
called upon, to put down. The constitution of State
Is matter oil State arrangement; II Is seclional II be-
longs 10 the State; ~ not naona and yet under the
constitution, the United States bound 10 guaranty to
every State republican form OF government So also
against the nation they offences against The laws OF
the State in which they committed. and the United
States have no power or Jurisdiction TO try such offences
They do under the laws OF the United States
such but the, exist under The laws OF the Sae and are
therefore sectional and particular. not national and gen
el But yei under The constitution il OF these Of
fenders-a person who has committed crime against
oil The States OF the Unionescapes into another State,
he shall be surrendered 10 the authorities OF the State
from which he escaped for the purpose OF there having
his trial Every proof therefore, offered by the senator
M~u~a
is an argument urged point which is not in issue
Slavery s sectional Ii exists in the several States OF
Union, where does exist institution OF those
spectve States. isno, national institution but under
the constitution as ~ the OF the fugitive from
the justice OF the State escapes into another he shall be
delivered up 10 be tried by the authority from which he
escaped 80 the slave II he escapes into another State
where slavery is not recognised shall be discharged
by any law OF that State, but shall be returned to the per-
son 10 whom he may owe the service.
so much for the preliminary observation. In the next
place. the senator says that this act which he proposes
by hs provso to repeal ~ violation OF the cons,itu-
hon Tor the several reasons which he assigns Now LET
me remark that there ~ not single part OF the act to
winch The senator's proviso applies, which he has
characterized as initiating against the constitution OF the
Un'led States that does no, apply with equal force TO the
act passed in 1888 That act like the present one,
templates surrender promptly upon summary inves.
sauon before magistrate, and without jury. That
ael Ike The recent act makes the decision OF the mags
,iae, whom il constitutes the summary tribunal, con-
elusive upon the question OF the delivery up OF the party,
and OF the right to him to the Stale from which
ne escaped Here, then, have this proposition adj
vanoed by the gentleman to-day. We have passed
10 l7s3-in less than four years after the government
was put into operation under the constitution, while
warrington was President and whe there were cons,d.
erabe number OF gentlemen in the Two houses OF Con
gess who had been themselves members OF the conven-
Ton which framed the constitutional say here we have an
act passed in the House OF Representatives upon the
yeas ana nays, with, II my memory serves me, bat
seven dissenting votes; and every gentleman there
especially those IRON the New England and Middle
States, (and there were several who had been man.
ben OF The convention which framed the constitu.
toni voted on The yeas and nays in favor of ,he bill
There was one gentleman from Maryland and one gen.
tleman from Virginia, blink, who voted against II
apparently without division; certainly without a call
OF The yeas and nays That act them thus passedthu.
approved by Washington and put force believe with
out any dhculty whatever in regard to lis constitutional.
W recognised constitutional before every tribunal be-
lore which the question csme whether that tribunal
Was national State tribunal until the decision OF
he Supreme Court OF the United States in the case OF
rnsg rs Pennsylvania, which produced hostile legisa.
uoh IN the northern countryis pronounced by the
senator IRON Massachusetts to be n violation of The con
%asuuon % Well, SIR. prima fneis, II we had no other
eAa OF Judging, II would quite reasonable TO sup.
.aI% OF the convention which made the constitution
~, "oss who we're coniemporaneous with the making
g. - ~ !. me u'scusslons which followed upon the ques-
~ ~ \" aoopuon-understood the constitution quite
80, wsn a. lhe senator from Massachusetts and the
rs".., society OF the State which he rep
80 ~. hnsy were then fresh from the making
a. "s' instrument This was an act passed un-
ocf no party excitement II was reported, consid.
es enu oscoed upon, a measure OF legislation, TO
ou, "e requirement of the constitution and II
heuemeh understood The constitution accord ng 10
hn,, ~ M gwen 70 II BY the senator from Massa