The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-04-22

Columbia and giving freedom to the slave penalty fo
the nfraetion OF the law And what ask, did OF III,
deus which that imposed Did not furnish nearly
wo-hirds OF the soldiers and among them the flower o
our chvary who fought those memorable battles which
shed such impershabe glory upon arms Was not
southern general The hero Of Buena Vista Did not my
| distinguished friend who sits me, General
QurraANl than whom truer patriot brayer soldier
never lived cause the first American flag TO be uniued In
the hour Of victory the capitol of the ensy2 All
this WAS done by the South and foot of the territory
acquired by the treaty of Guadalupe dago assigned
! TO usi .a
| But what did get under the misnamed Compromise
OF s6o2 The tgttiVeape a,c and Ae repeal Of he old
Missouri resetioi Why was il necessary for the South
TO abandon rights important TO her welfare for the act
10 recover her fugitive slaves Did not the constitution
from the foundation of the government guaranty her that
nght2 Certainly it did. But the North refused TO
cate the law Of 1893 Under such circumstances there
FORE and compromise with the North the of 1850
became law II clearly is entitled to consideration
than mere ordinary legislation. But Notwithstanding
that the aboitonss themselves that the South has
lost n fugitive slaves since the passage of the
act During the session Of Congress have heard
gentlemen representing here States that have null6ed
this law either by positive eactments by mob violence
descan extensively about compacts violated the part
Of the South hope and pray God that my section Of the
Union may never again, in evil hour be inclined to
compromise with the North the subject Of slavery
few more snch compromises those have made and
the fate OF the South will be sealed W.. aa4
Let briefly examine this personal---very. bill of
Massachusetts about which much has been said, and
ascertain what are Its provisions want the whole coun-
i
never seen il published in full in any newspaper had to
send to Boston for the copy which bave.s .. "a
The act extends to fugitive slaves the right of hal by
Jury and kabeds corpas . ae ag
II authorizes the State officers to bail the slave without
minimum limit and gives the jury the right 10 Determine
both tdu and fact. A t@ s. .r .+ ....1
The owner is not allowed to testify no confessions adj
missions declarations Of the slave admissible in
evidence and paye deposition affidavit received
in proof in behalf of the claimant. s . e
All persons holding Office under the laws Of Massachu
Hets are prohibited from Issuing warrants serving
cess in fugitivesla cases, under penalty Of forfeiture Of
and disqualification t0reoer thereafter for hold
ing any office in that State. ...
The counsel for claimant is prohibited from again
practising law in Massachusetts -.
sherhs and all other officers in that State prohib
tied from aiding in the and return of fugitive slave
under penalty OF fine not less than thousand dollars
and BY imprisonment IN the eHentiary for net less than one
The act further provides for the appointment of attor
neys in each county whose duty IL is to defend all iu
gve slaves at the erpense of STATE Of Massachusetts, and
refuses the of the as for the benefit of their
Such sir is the personal---very. bill of Massachusetts
Is not wholly at war; not only with the spirit but the
Massachusetts TO deliver up our slaves con claim of the
owner" Does it not completely nuy the act of 1850
What ask s the constitutional right Of recapture on her
soil worth the South to-day Before the passage of the
personal---very. bill it about $4,000 execute the
law of Congress when the saye Burns arrested in
Boston Now should my slave escape into that State and
follow him. and comply with all the requisons OF the
federal law cannot recover my property No attorney
represent my cause Should be fortunate enough 10
arrest my slave, common justice of the peace has the
power TO issue the writ OF habea corpus and discharge
him bail bond with no heavier penalty than dollar
No State officer TO my assistance because the
| pententary would be bis reward. ....r.
The fugivesave law of 1850 denies TO the slave the
right of trial by jury and hoba corpus in the State where
he arrested Th9 law of Massachusetts, conrs that right
upon him. and thereby conflicts with the act Of Congress
Ii fugitive slaves 10 have the benefit of the writ of a
corpus and jury trial in the North the South might
veil consent at 10 strike out from our constitution
the right of recaptare We the substance not the
/ IN shdlOs RIGHTS The gentleman New York
Mr. GRAseEn admitted in his speech that the writ of ha
beas corpus "woud make slavery impossible in America
OF what value would "tral by jury be TO southern men
| in Massachusetts, ] do not believe thai slave would
be surrendered to his master by verdict Of such
tribunal 1t would be almost impossible to empanel q
jury in that State without having Ii who
believe In higher law than the constitution. How does
Massachusetts, attempt TO justify her conduct before the
people Of this country She that the act of 1850
uneonsVioRa and that therefore sho will not submit
to IT, That law passed by Congress In 1885, and
signed by Mr. Fillmore. When President Pierce was in
augursted he said in his address that this act was strictly
constutona and should be unhestatngly carried into
effect But upon what grounds dos Massachusetts, claim
that the law is unconstitutional Because IL wthholds
from the slave "al BY jury" and benefit of haoea' cor
Of 1850. Neither Of them conferred any such rgh,
upon the slave That law has often been examined by
the highest judicial tribunals Of the country and always
sustained.
/ Pennsylvania once passed law by which attempt
made regulate and qualify the right Of the South
reclaim her fugitive slaves She did not 60 half as far
AS Massachusetts, has gone towards defeating that right
Her law was reviewed at length by Mr. Justice Story in
the Supreme Court Of the United States In the case o
/ Prigg The Common wealth Of Pennsylvania As hii
opinion the whole question, ask the indulgence o
the House read certain parts Of it. Speaking in refer
ence clause In the constitution which treats about
Il fugitive slaves he Gays; . ra. ...s......s.H.
"The clause OF the last Importance to the safety and
of the southern States and could not have been
surrendered by them without ondangerng their whole
slaves How theu TO interpret the Language
OF The csuse2 The Is in such consist
entity the words shall fully and completely ectuate the
l whole objects Of it,
"The clause manifesy contsmpstes the existence Of
positive unqualified right the part Of the Of the
coafror or re.ron. The be discharged from
service labor IN ooHIqaeos @ any State iao or reg"
j hon" ..--.. II. ... .t# E. Il
cism upon words Il may fairly and reasonably be said thai
State law State regulation which interrupts limits
DELAYS pospones the right Of the to the immediate
OF the slave, and the immediate command Of hi
service and labor, operates, pro taSfo discharge OF th'
slave therefrom." @
4 The question sir resolves tselfino nutshell If tb,
personal---very. bill OF Massachusetts, in any particular
"nterrpt', inas deleys or porpone the right OF th'
owner to the immediate possession OF the slave the 80
preme Court IL violates the constitution OF the United
States. That law does all these things aud more II
not only unconstitutional but is fragrant breach OF gooc
faith the South the part OF Massachusetts, concur
fully with the President OF the United States in the opin
ion expressed in his late annual message that such an &C
"would be Of between foreign powers, and
only fails be such In system because perpetrateC
under of the Union .#
Mr. Chairman the fact cannot be conceaed-t ia 90 ap
parent that he "who read tthat the nnlfy
law of Massachusetts Is the legitimate offspring Of the deep
seated anssyery feeling which controls the mind
heart Of her people To carry out their snatca purposes
they will override law, order the constitution, and tb
church itself They thoroughly identified with TN