Washington sentinel., 1854-06-29
REPEAL OF THE FUGITIVE SLAVE LAW.
REMARKS OF HON. JAMES nj. MAsOl


REPEAL OF THE FUGITIVE SLAVE LAW.
REMARKS OF HON. JAMES Nj. MASON.
OF VIRGINIA,
Delirered IN Senate, Monday, June 26, 1854.
Mr.. MASON. had hoped, Mr.. President,
which had been entered into between the va.
rious States of the confederacy in enacting
this law, that debate would not again have
arisen upon it; and had hoped, also, that the
dignity of the American Senate would not
have been subjected to the assaults made on il
this day by one who is q senator from Massa,
chusetts, Mr.. SUMNER say, sir, the dignity
of the American Senate has been rudely, war
tonly, grossly assaied by senator from Massa
chusetts, and not only the dignity of the Sen
ate, but Of the whole people, triiled with in the
presence of the American Senate, either igno
rantly or corruptly--I do not know which, non
do care. Sir, that senator said that the law
for the reclamation of fugitive slaves denied to
a citizen the privilege of the habeas corpus
which was secured to him by the Constitution
| repeat, such declaration in reference to that
law was made, either ignorantly or corruptly,
for corrupt purposes. There is nothing like ii
in the law. The law does not deny the priv
lege of the habeas corpus and if it did, il
would have been dead letter.
Why, sir, the experience under the law is,
that the habeas corpus issues, and there is moth
ing in the law which says to the contrary; and
yet the senator, discharging what, suppose, he
considers his duty to those who sent him here,
has had the temerity to declare that this law
violated the Constitution in refusing the habeas
corpus. Sir, this writ is to inquire only into
the legality of the detention, and the law so
recognizing it bases its provisions only upon
the question of the legality of the detention
and if it is proved that the fugitive was held to
service, or labor, and did escape, whether Justly
so held or no, under the Constitution, he is to
be returned whence he escaped. Sir the proof
establishes the legality of the arrest and de-
tention, and is an answer to the writ of habeas
corpus !; and in this the fugitive slave law does
not depart from the policy regulating the ad-
ministration of all penal law. One arrested as
fugitive from justice is entitled, on his arrest,
to habeas corpus-for what? To determine
whether he committed the offence with which
he was charged, at the place whence he
escaped? Certainly not; but to determine
only whether he was so charged in proper form
of law to authorize his detention until a trial
could be had and proof that he was so charged
is then, also, an answer to the hdbeas corpus,
and he must be remanded without inquiring
whether the charge is true or false.
do not know whether the senator claims to
be jurist; know not his position at home !;
but know something of his associations there
from his language here. Sir, he has denounced
gentleman from Virginia who goes under the
of the law into his State, to reclaim his pro-
perty. He has the boldness to speak here OF
such man as a slave-hunter from Virginia. !,
Sir, my constituents need no vindicaton
from me from such charge, comiug from such
quarter. The senator from Massachusetts,, in
the use of such vulgar language here, betrays
the vulgarity of his associations at home; and
shall it be tolerated in the American Senate
Yes, sir, gentleman from the south, who goes
under the protection of that Constitution which
the Senator has sworn to support, and which
he Just now declared he would be dog to exc
cute or to recognize; gentleman from Vir-
ginia who goes to his State under the protec.
ton of the Constitution and the sanction of the
law to reclaim his property, may be subject to
vulgar denunciation, but only by vulgar men.
Mr.. President, differ from the honorable
senator from South Carolina, Mr.. BUTLER,
who said as / understood him, that this law
had not done its office. Sir, it has done its
Office. To be sure, there are instances where
it has been Violated by brutal mobs, as there
are instances of other laws being evaded by
knayery, or silenced by brute force; but say
the law has done its office we'll, done it on
recent memorable occasion in the very city OF
Massachusetts which the senator claims SO
worthily to represent; but the enlightened pa
triotism of most of whose citizens, I believe,
think of him as do. In that city, within the
last fortnight, it has done its Office, and done it
in the presence of a mob, which that senator
and his associates reused and infamed to the
very verge of treason, subjecting them to the
traitors doom, while he and his associates sat
here and kept themselves aloof from danger.
Yes, sir, it was executed under these circum-
stances, and executed by that power that is
bound to execute 1.-THE government Of the
whole United States.
Mr. President, did not think / could have
been drawn into debate on this subject. ]
should not have engaged in it but that
thought it right to vindicate the law from the
misconstruction which was placed on it by the
honorable senator, before the country. in refer
ence to the habeas corpus. But, sir, may say
neither that law nor any other law could re-
quire vindication from attacks made by one
mad enough to announce to the American Sen.
ate anu Inc American ptopie, lHdI dltuOugn
the Constitution provides that fugitives from
service shall be surrendered up, he would re-
cognize himself as dog were he to execute
that provision. He has said so in the presence
of that American Senate who witnessed his
oath to support, protect and defend that same
Constitution, and his appeal to his God to wit
ness the truth and sincerity of his purpose.
Why, sir, am / speaking Of fanatic, one
whose reason is dethroned Can such one
expect to make impressions upon the American
people from his vapid, vulgar declamations
here, accompanied by declaration that he
would violate his oath now recently taken?
Well, sir, that senator attempted to institute
comparison between the stamp act, resisted
by our common ancestry, and resistance to the
fugitive slave law. Sir, he was well answered
by the honorable and distinguished senator
from South Carolina, thatin those days the people
he represents now were Shareholders. / cannot
believe he represents them now, although they
are shareholders no longer. Sir, think /
might venture upon the Office Of vindicating
his own people from the aspersions their repre-
sentative has cast on them. Let the honorable
senator remember that he says he would be a
dog to surrender fugitive slave, although the
Constitution imposes the duty on his State, and
he has sworn to obey it.
Let me recall him to that page in our history
which shows that, by the vote of Massachusetts,