The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-09-15

Il
been divided into States When we found that
the Administration was opposed to the Proyiso.
ard that it could not be carried, the next best
thing was Gen. Taylor's plan, which would
have divided the territory into three great
States with several provisions against slavery.
But Gen. Taylor unfortunately died Then
the Government came into the hands Of a very
worthy and estimable citizen Of New York,
who had been recommended to US in Ohio as a
man who would, If elected, give his casting vote
IN the Senate in favor OF freedom All at once
| we saw the whole thing changed. Gen. Tay.
lors plan was abandoned and the Compromise
plan substituted, and the whole strength of the
! Administration arrayed in its support. To
show you how this thing operated will relate
an anecdote: | was conversing with IA Wing
Senator, some time before the death of Gen.
Taylor, and he told me he was in favor of the
Presidents plan of adjusting the question, and
he made speech in favor of it, After the
Presidents death, as said, the whole thing
| was changed and had annthar conversation
with that Senator. | asked him where he was
then. ooh, just where ! was before; am for
the Presidents plan" Laughter A great
many others who were for the Presidents plan
| in June were also for the Presidents plan in
July, though the June plan and the July plan
were just as different as freedom and slavery.
Well, what was this new plan? IL was that
we should organize the territories, and author
| ize them to come in as States when they saw
| ft with slavery or without slavery, as they
pleased. Upon this provision the Supreme
Court Of the United States would adjudge that
Congress had permitted the ingress of slavery
into the territories by solemn legislative act
At al events, there stands the door wide open,
II tlsv.a.. l.. Il. l. L.
The Fugitive Slave Act was the third meas
we. Here is the act which has been so fire.
iquently commented upon, and which has been
decided 70 be constitutional by great many
Judges OF emlncnce and learning, but which, in
the face OF all that array of learning do not
hesitate to pronounce to be as thoroughly un.
unconstitutional as any Congress could possibly
pass. ] know it is not very difficult thing to
get court to decide question of constitution
al law in particular way, and know that
the Supreme Court of the United States-and
would speak of them with no other than term,
ot lespect--was constituted in particular
manner. Two-thirds Of the free population o.
the country are in the free States aud one third
in the slave States Well | would ask how
many OF the nine judges those two.thirds ought
to have! Six, you say and that is right. And
the one-third should have three But how is
| it, in point of fact The two-thirds have four,
and the One-third fUe. Well, this does not
come by accident nor does it come by grace,
but by regular design The slave States have
no notion OF con6ding their interest in slave
property to the adjudication Of even the old
Hunkers from the free States One would sup
pose they might be tolerably safe there. Laugh
ter. But the truth liz, they will not trust them
much further than they can see them. Two
thirds then, have four judges, and onethird
has five. do not know Of any rule OF proper
ton by which the SUM is worked out, unless it
be by slayebolding proportion. 1t comes out
| right by that for that rule is to take all they
can get and leave you the balance.
But that is not all They-ascertain before
hand the opinions of men in regard to this
great pupc question. Ii the slave power is to
rule this Government, and the people will it SO,
| do not say it is not right to zee that the opin-
ions of those who are to be appointed Judges
should conform TO the railing sentiment of tho
country am not sure, il my friend Hale had
been elected President, that he would not have
looked to the opinions OF those he would have
appointed Judges, and if he had appointed them
do you think the Fugitive Slave Law would
have been declared CONSTITUTIONAL Laugh
ter Now under these circumstances, it is ark
|
their decisions. | probably address some o
the farmers of the State OF New York Now
suppose they had controversy with a bank
and they should come into court and find the
\ Judge was a director Of the bank, aud seven
out of the twelve jurors were directors also,
how would they feel about their case! What
chance would they have when this bank fur
nished the Judges and the jurors! None at all
SO take upon myself to question, and with
some degree of boldness, the decisions of this
court upon the subject of the Fugitive Slave
| Act. But ] find alao such men as Chief Justice
Hornbower, of New Jersey besides eminent
judges Of this and Of other States who do not
soruple to pronounce this law unconstitutional
upon the ground of the absence OF power in
| Congress to legislaie upon the subject.
| FAY further, that any argument which can
prove that Congress possesses the power OF
4 legislating upon the Fugitive Slave Law, will
establish the constitutionality Of the alien and
scdltlon law. Further, any line OF argument
which gives to Congress the entire control Of
this subject under the special powers delegated
to the General Government, will make 1t q
consolidated Government and sink the States
into mere departments, ike the departments OF
France. feel jealousy of the encroachmenis
OF the Federal Government ! DO not believe
we have any real practical security FOR our
Republican liberties except in maintaining I'M
diminished and intact the rights Of the States
upon every question which relates Ia the l,brr-
ties Of tho citizen. IApplause,
| deny, then, the c0nsttutionality o. this law.
] have denied it in my place upon the '.Por 81
tho Senate, and upon one occasion ! ~as mr.
prised to find one Southern man who adhered
to that same old doctrine of State Rights, ana
denied it too ! allude TO Mr.. Rhett Of South
Carolina He denied the constitntionality Of
the Fugitive Slave Act, for want OF power in
Congress to pass it.
But if Congress had the power, had il the
power to set aside the right Of trial by jury
In the State of Kentucky when the question
came before the Court of Appeals, and the right
Of trial by jury was denied in the case Of libcr-
ty, because il was not Of the value mentioned
in the Constitution, the Court said that the
right 10 liberty was obope oil value, and that
therefore the Constitution which secures the
right Of trial by jury secured it in the case Of
personal liberty.
Take il upon the other ground. IL it il a
mere question of property, il il between the
man who claims himself and the man who
claims to own him And IL not man worth
more than twenty doilsrsl BY the slavehold.
ers own standard, there is not child 40 small
that he is not pecuniarly worth more than that
! saw letter lately, written form Louisiana by
the editor Of tho New York Express, in which
he was describing the beauties Of Folks plan.
tation--not President Polk's-and after going
on TO recount the agreeable way in which the
slaves live upon the plantation, he tells us that
children on this plantation Are worth 500
apiece laughter Mrs Polk's children Re-
newed laughter Now, take this clerical stand.
ard and you have even then value which
brings them all within the range of the Consti'
tuition.
Then there arc othor provisions in this law
but will refer 10 only one of them, and that
4 10 the extraordinary provision which bribes the
judge. Burke, in his celebrated speech in ia