The daily union., 1856-12-31

what you were talking the other day.
Mr. HALE Perhaps there Was
Mr. JONES, Of Tennessee. Ii strikes me You main
tanned the other day that there higher law which
ought 10 govern the actions OF The honorable sena
TOR from Michigan mr. CAss then took precisely the same
view which take OF it, and you made response 10
him. He said you basng the actions OF men on the
assumption that there law above the constitutions
higher law OF God and if the honorable senator will read
the report of his remarks he win find thatwhat he said
that or nothing
Mr. HALE / say that now.
Mr. JONES, Of Tennessee Then you applied il to the
action OF men here2
Mr.. HALE, did not apply it,
Mr. JONES, Of Tennessee. Why bring II here, II II has
application to and actionR Now let me come
to the question of the senator lie says he would not
aid in the execution Of the fugityeslaye law. WhyY
Because his conscience dictates TO him that il wrong
Mr.. HALE did not say that. | do not. wish TO be
misreprasented and know the senator does mean
to msrepreSent me did not say any such thing as he
represents.
Mr.. JONES, of Tennessee. Is the fugtve-slave law
rght2
Mr.. HALE l said nothing about my conscientious con-
victons. said that believed my oath TO the consttu-
ton required me to disobey that law, because thought
the law itself was parody the constitution, and
reproach to the civilization Of the age | believe as a
yer upon tha the act is not worth the paper which
II is written that binding and obligatory mans
conscience have always told my people So and always
will
Mr. JONES, of Tennessee The senator from New Hamp-
shire says he believes the law to be volatve of the
sttuton of the United Suites and therefore not obga-
know that that law has been decided to be constitutional
by divers OF the tribunals Of this country?
Mr.. HALE Yes.
Mr.. JONES' of Tennessee And does not the senator
recognise the courts of this country proper to decide
such questions and not their decisions obligatory on
the citizen Does he not admit that2
Mr.. HALE. That is a pretty broad question want
Mr.. JONES, of Tennessee You cannot answer it.
Mr.. HALE Yes can, if you win give me time
Mr.. JONES' OF Tennessee. want TO know whether the
does not believe and admit that the constitution
requires that the fugitive slave shall be surrendered to his
owner application Then if you admit that the
stitution does require that fugitive from labor shall be
surrendered to his owner application, how can you
reconcile it with your conscience to refuse to surrender
himY want to ask another question.
Mr. HALE. Let me begin to answer some of the ques-
tions already put
| Mr. JONES' of Tennessee have two or three more,
but the senator can begin TO
Mr. HALE will take the first The senator wants
to know if do not recognise the binding authority Of the
decisions of the courts of this country That is the form
in which the question put 1t is pretty broad. do
recognise the decisions of courts and the decisions of
Others do not recognise
Mr. JONES' of Tennessee. What do you say in regard
| Mr. HALE The Supreme Court has made decisions
upon this question but hold upon that subject exactly
the doctrine which Gen. jackson held and II the
senator wishes to get my views he will obtain them by
reading jackson. censured three or four times for
speaking dsparagingly of the Supreme Cour Of the
United States and their decisions The honorable senator
from South Carolina mr. ByrLERl administered censure
tempered with kindness to be sure but he took especial
pains administer censure to me for it. The honorable
senator from Georgia, Mr.. TooMns however, who Is not
present. saidand ii win be found in his printed speech
es-that depositary Of the jurisdiction to settle
rights between individuals he believed the Supreme Court
be fit tribunal but he had not much confidence in its
decisions on political questions believe exactly ex-
cept that, instead of not much confidence should say
/" no confidence"
The honorable senator from Tennessee next asks me
do not believe in the obligations Of the constitution TO
return fgitives from labor do believe in it just
y in the form of the constitution that is believe are
bound by the constitution to return individuals held
service under the law Of the State from which they es
cape The term "hed used In that clause techpi-
cal word believe that before you can Invoke that pro-
vision OF the constitution to your aid you must establish
as yoE 60 every other claim for which you invoke the
assistance OF the law yop mpst make ont that the
legged fugitive one hed to service" under the Law of
State which is technical term and must be settled by
the Judgment OF court believe that under the oonst
uton OF the United States when you gone into any
one OF the States and established this claim and shown
that the person claimed "held" under law you have
then right TO the remedy which the constitution gives
you but authorize you to play the grab
game the present mguyesaye act does. II does not
authorize yop to take away the jurisdiction which the
constitution of the United States says for the security Of
the Citizen shall be lodged in judiciary appointed by the
President and confirmed by the Senate not set Of ten
dollar commissioners appointed without the responsibility
of the President without the responsibility Of the Senate
and who bonnd hone,t and impartial discharge
of their dnty by being paid ave dollars when they decide
In favor of freedom and ten dollars when they decide In
4 favor of slavery.
For that reason, and great many others believe that
the fgidveslave law has hold upon the conscience
that II Is entitled to consideration, and that every man
who has sworn 70 support the constitution has TO
/ oppose that law.
Mr. JONES, of Tennessee This is not the first time
that have gentlemen shielding themselves under
the great name Of Andrew Jackson II is the first time
have small military strutting themselves out in
the old heros coat and feathers but have seen
Of them able TO them. The gentleman under
takes shield himself under what be to be the
opinions OF General Jackson suppose he audes TO the
celebrated declaration Of General Jackson that he obeyed
the constitution as be understood It,
| Mr. HALR Yes
Mr. JONES' Of Tennessee That does not meet the ques-
ton which propounded to the senator. | asked him
whether he did not recognise the right Of the people Of
the South TO reclaim their slaves under the constitution
He does that inquiry He goes of echni-
caliy about the phrase "held to service labor and
makes upon that term to avoid the issue What
be by the echnicaliiy involved in "held TO labor
cannot tell unless be thereby that the slave must
be in the actual possession Of his That cannot be-
because then he would not be slave escaped The
stuon requires that he shall be surrendered and the law
declares how the proof shall be made and when IL has been
made the right OF the Is complete The courts
far they have djudicated the matter with single
ception believe have declared that Law 20 be constu-
tioual The senator says II s unoota ltona aud not
obligatory upon him. He goes farth hs thinks that
has sworn support that law God forbid that he
should be my Judge Thst your higher lac That is the
law Of your conscience and your opinion, by which you
undertake 70 control the action Of majority Of the Sem
ate and require them in violation OF the plain require
OF the constitution, 70 oppose the execution OF the
| fugitive-slave law.
Mr. President Iknow that am trespassng the Sen
ate but have another point with the honorable senator
from New Hampshire lie says he hopes and thinks the
/ tkf