Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-02-25
rHECoNsTlTuTION OF OREGON.


EXTRACT FROM THE SPEECH or Mr. DAWES, OF MASS
Mr.. Comins of Massachusetts, having giveu
his reasons for voting for the Oregon Bill,
Mr.. Dawes of that State gave his for voting
against it, In the conclusion of his remarks,
addressing himself particularly to MIR. Com
ins, he continued
II cannot understand, sir, how a member
from my own State, in the honest discharge
of his duty, as honest discharge of it as my
own, IAN come to the conclusion'that it is his
duty, by his vote, to breathe the breath of
life einto a provision of Constitution that
would disfranchise large portion of the peo-
Pile of Massachusetts,. / desire to call up, in
the recollection of my colleague, the efforts
Massachusetts, has made heretofore to test the
rights of her citizens to the privileges and
immunities of citizenship in other States
desire to have it remembered-I do not in
tend ever to forget it-that Massachusetts, has
utterly failed to have the question tried in
the highest tribunal of the country, to know
whether or not there is any force and effect
in this provision of the Constitution as ex-
pounded, even in this latter day, by the Su-
preme Court of the United States. |, for
one do not in end to forget the indignites
heaped upon her, in her struggle to secure
to her citizens their right under this clause,
Sir, desire TO call attention to the phraseol
ogy of this provision for there seems to be
q studied malignity in this phraseology that
| cannot well comprehend in the Constitution
of n State -
mo free negro or mulatto not residing in this
State at the time of the adoption of this constitu-
tion shall ever come, reside, or be, within this
| State"
"They could not condescend to say ''volun-
tarily." A citizen of my State may be drift
| ed by stress of weather into their harbors
a whaler, with citizen of my State, includ-
ed in this provision, may be brought in there;
and the humble sailor having no commend
of the ship, no responsibility, and no con-
troll, may be taken in there against his will;
and yet this Constitution imposes a duty
upon the Legislature to provide penalties to
be visited upon his head. Without being
aware of it, he may come within the
limits of that State and incur the penalty
And Furthermore, he who shall "employ" oil
"harbor' such persons comes under the samS
visitation, They have not inserted "know
ingly." 1t may be done ignorantly and in
noccntly, and yet come within the letter o.
this provision.
And, sir, do not know by what test
man may tell one of those from another clas
of colored persons which this provision Of
the Constitution permits to remain there
The Constitution has made no provision tina
they shall wear frontlets upon their brow
but whoever, knowingly or not, Innocent,
or designedly, whether in obedience to tn
Divine injunction to feed the hungry an
to clothe the naked. or with design to vio
late the law all alike are denounced as trans
gressors of the law, and each one and a
comes within this provision of the Constitu
ton"
desire to say, sir, before take leave G
this provision, that it exceeds in cruelty an
inhumanity any provisions touching tn
same subject in any slave code in the Unite
States, so far as know. There is not
slave in slave State who has not, under he
laws, right to maintiin a suit in her courts
; believe such an inhuman provision oou
not stand an hour, sir, in your own State ,
South Carolina. Let any man bring co