The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-08
SPEECH OF HON. SALMON P. CHASE,
OF OHIO,
In tha Bill To prntAct Ccars of thu nnitad Stafas

81 SENATE, FRsRUARI ., 1855

1
| Ii SENATE, FRsRUARr %, 1855
| Mr.. CHASE Mr. President, while the Senator
| from Connecticut was urging the Senate to pro-
coed to the consideration Of this bill, the e1cla-
| nation, Niger bill" proceeding from some
| SENATOR know not whom-apprised us that the
| measure to be acted on belonged to that class
| which has, by usage here, precedence over all
| other legislation. The promptness with which
| the Senate agreed to take it up, is but one new
proof of that favor with which every proposition
supposed to favor the interests of Slavery is re-
| garded here and of that determination with which
every such proposition is urged to final vote,
no matter with what prejudice to the public bust
ness and the public interests
| 1t was but yesterday that presented some pc
| titions Of the PEoPLB, praying for such action on
this very subject Of Slavery as they thought the
interests OF the country and the principles Of the
| Constitution required. | asked for debate
sought no discussion. l asked only for refer
| ence to a select committee, constituted as to
| secure for the petitioners a candid and impartial
| hearing. Was it granted2 Did the Senate make
haste to show its respect for the great right of
petition, and for the numerous and respectable
| citizens whose wishes | made known2 No,
| sir. Then there was time. The presentation
| of the petitions had been too long delayed. But
| eight days of the session remained Not even the
| respect of reference could be extended to them.
The petitions Of the people were thrust upon the
| table to 4" sleep the sleep that knows waking"
| Sir, no more time was then occupied by me
than was necessary in order to state, in the brief
est and simplest terms, the contents of the petit
| tions, and the reasons in support of the motion
| for reference All that | asked was, that those
| of us who concur in the general objects, and for
the most part also, in the particular demands of
the petitioners, might have an opportunity, with
| out consuming one hours time, or oven ten min
a.. e IL
| ords of the country, in an authentic form, our
deliberate judgments upon that great question,
| in regard to which it concerns every section so
deeply to understand accurately the true views
| of every other. Even that refused, and no
reason, except want of time, assigned. To-day
sir, one day later in the session-only seven days
| remaining now-this bill, reported only six days
| ago is forced upon u.s. against remonstrance and
| without regard to the condition of business. Why
this urgencyf Why this relentless determination
to coerce the passage of this bill? Why do those
Senator'S almost, if not altogether, without eI-
cepton, who voted to lay the petitions of the pco
pie on the table, vote now, with equal unanimi-
ty, to take up and act upon this bill? Why all
this to-day
Why, sir, the explanation is simple. This bill
is framed in the interest of the ruling class. Its
| object is to secure the stringent execution Of the
| Fugitive Slave Act Its great purpose is to avoid
the effect of recent State legislation to protect the
personal liberty Of the citizen endangered through
the operation or through the abuse of the Fugi-
! tive Slave Act.
The Senator from Connecticut tells us that the
object of the bill is simply to extend the principle
of the twelfth section Of the judiciary act of 1889
to other classes Of cases than those provided for
| in that section. That section authorizes the
| removal, on the application Of the defendant
| from State courts to Federal courts, OF certain
suits brought by citizen against an alien, or by
citizen Of one State against citizen of another.
This bill authorizes the removal from State courts
| to Federal courts Of suits of every description,
civil or criminal, whether prosecuted by States
| or individuals, against any person for any act
done under or under color of law of the United
| States. The Constitution of the United States
secures to aliens and to citizens of States other
than the State Of the plaintiff, the right Of trial
| in a court of the United States. No eIpounder of
| the Constitution has hitherto asserted the rights
| of every person sued for an act done under Fed
| eral law, under color thereof, to such trial.
1t is mistake, therefore, to say that the twelfth
section of the Judiciary act and this bill are found
| ed upon common principle.
| Why, sir, just think of the consequences of this
| bill. One man claims title to real estate under
patent of the United States, and enters upon the
| land and cuts some timber. 1t happens that some
| body else claims a superior title, and sues him
| for trespass before justice Of the peace Under
this bill, the defendant may remove the cause to
| the circuit court. SO il man engaged in the
military service of the United States should NAL
treat, kill, citizen, claiming that it was
done in virtue Of Federal law, whether criminal
| ly prosecuted by the State or sued in a civil
\ action for damages, the defendant could remove
| the cause into a Federal court and compel the
prosecutor, whether State or individual, to sub
NIT to Federal jurisdiction. Numberless other
| cases might be put, by way of illustration, and
will doubtless occur to Senators. Assuredly, sir,
| the Constitution contemplated no such subsection
of States and citizens to Federal authority as
| this
Sir, this bill is bill for the overthrow of State
| rights 1t is bill to establish great central,
consolidated, Federal Government. 1t is a step,
| let me say q stride rather, towards despotism.
| But it is a natural step. When Congress usurp-
| ed the power to legisate for the reclamation Of
| fugitive slaves without constitutional warrant,
| this further legislation became necessary to the
| complete humiliation OF the States.
| Sir, there was once Senator from South Car
DINA on this floor too clear sighted not to per-
| ceive that the enactment Of Fugitive Slave Act
was utterly irreconcable with that theory of
| State rights which he, in common with South
Carolinas greatest statesmen, protested to believe
| in and too noble and ingenious to deny the
| inconsistency which he perceived, or to pursue a
| sectional advantage at the expense of violated
theory. That Senator, [Mr. Rhett,] upon this
| floor declared the Fugitive Slave Act rcpugnant
to the Constitution OF the United States. Here
| are his words:
| az take up the Constitution, and find that all
it SAYS with respect to fugitive slaves is contain
ed in the second section of the fourth article, and
| il is nero quotation in that section. The sec
| ton begins as follows:
| % THE citizens of each State shall be entitled
to all the privileges and immunitics of citizens in
| the several States
"Then follows in the next sentence the qualifi-
cation with respect to fugitives from justice and
| fugitive slaves:
"tA person charged in any State with treason,
| felony other crime, who shall flee from JUS
| tice, and be found in another State, shall, on
demand Of the erecutire authority of the State from
| which he fed, be delivered up, to be removed to
| the State having jurisdiction Of the crime
"'No person held to service or labor in one
State under the laws thereof, escaping into an
other shall, in consequence Of any law or regu-
| laton therein be discharged from such service or
labor but shall be delivered up, the clam Of the
| party to whom such service labor may be due
"Now these two clauses exactly similar in
purport, except in one particular In the one case,
| the fugitive criminal is to be delivered up, on
demand of the executive authority of the State
from which he has fed; in the other, the fugitive
slave is to be delivered up, on claim of the party
to whom he belongs. In neither clause is it stated