, 1860-03-19


to liberty.
Why, We are told that the escape Of the slave
is n robbery oil the master, aud that We put our
selves on level with thieves and pluuderers in
aiding hin, in his Hight. Tho robber takes the
property which belongs to another, md appro"
right to himself which he has never surrendered,
it is clearly no wrong in him TO fec rom slavery
to liberty; and il not, then 10 rid comfort and
assist one who is dung right, Gun by no sophls-
try Of evil be proven to be wrong.
Why, 1t is un1y within tile present century that
the Dcy Of A1g'ers held numbers of white men
Is slares. These men we're the lawful spo'ls Of
war-they were his slaves BY the same Law Of
force by which tue African ruce is held in bond
age day in America. You hare read Of some
OF the heroic exploits Of some of those white
eapti-cs 10 slar.ry to escape from bondage
heroic daring, and touched with sympathy by
the story OF their sufferings- You remember
the efforts which we're made by brave and noble
men to aid them to Escape. Did it ever OCCUR
to you as you fingered With intensest interest
over the narrative Of the escape Of these men,
TINT they, aud those who Aided them, we're
cn'nmiiting highway robbery on the Dey ot Al
Eiers?
Does the fact that the color Of these mems
skins was whiter than that of those held in bond
ase in America alter the principle: Do ques-
tlons Of moruls, the laws Of conscience and OF
ACIoA u4HS ~ tHE NAau4lus5 AutS u
the human compile 1ion: II SO, how would the
argnnent stann if The proposition were carried
into elect, which bus been repeatedly discussed
III several Of the Southern States, OF turning tie
entire potr white population into slaves?
l know, gentl men Of the jury, that tits the
fashion Of the day, and especially with those
who represent the goyerlment OF The United
States 10 sncer At liberty to Tidicule those great
rights OF man which have been won from tysan-
ny by the struggles Of brave ard true men
through the centuries OF the pcst, and especially
to caai the mnst contenptuous 1hloquy upon
those who contend earnestly Tor tile freedom,
humanity and just rights OF men whose SKIN is
darker tnau ouruwn.
But have learned from the study Of histo,y,
the lesson, that the first step TO the loss Of
peoples liberties is to cease 70 prize them, mud
.h II the first cfcrt Of those Fo desire TO steuf
a*ay peoples rights, is 10 lnfusc into tile po-
pular mind an Indifference TO nll questions Of
right aud freedom; 10 bring over It that cold
aud hard sclish1css which regards nothing as'
important which does not affect the special
personal comfort and welfare Of the individual;
10 class rs enthusiasts And fanatics all men who
hare faith ia principle, iu duty, in religion; nll
me1 who believe that liberty, humanity, the
5hts ofuan, are great realities aud not unmean-
tug words Du, ,gent'emcnl cure lot tor TIT 1idi-
culc or the reproach Of meu like these. Call
me by what naDe lhey rlcase-fAuatic, eathu-
siast, or tuat other word which seems to them
l0 C1tuP[EuEuu lIE SulA tUlal u uuu8IIl AEpIh-
rity, abo!itionist-1 viii, whenever and wherever
tho occasion offers, stand np and vindicate Tie
great rights Of humanity, the right Of man to
himself, the ,ralicnube right " Of crery man
| created in the iulaec Of God, With which he was
"endowed by Lis Creator" and which is as in
destructible As that nature itself, to fe, liberty
| and the pursuit Of happiness"
maintain, therefore, gentlemen, that the act
! charged here az crime, for which this Defend
mt is arruigne1 before you would, independent
Of any statute proh,bssion), approve itself to
| egeFytrue man AZ humane, generous and worthy
| Of aEf comfneGdation.
| Bat Hn well aware, gentlemen, that it is not
your privilege in this place. and before this tsi-
bunaI, to judge this mans action by those high
| cr laws of conscience which alone gtve to human
conduct It's true character.
| This defendant is indicted here for violation
| of statute u. the United States, the Fugitive
Slave Act, nnd in this presence the Stutute Book
is the supreme law for all Of us.
That act, odious and offensive as it is in the
estimation OF many good men, il the Law for this
Court and for this case. It has been pronounced
to be constitutional BY that tribunal whose de-
cision is obligatory upon this Court, and
although were it u new question or open for
discussion, think it would not be difficult to
t suggest strong reasons to the contrary, yet
such discussion would be out of place, and 10
no purpose at this time; aud cohcedr therefore
at the outset, the validity Of this statute, and
its binding obligation upon I'LL citizens.
But wta.ic have no right in this presence 10
ton Of this Law. haye the right, aud it is my
duty, to cali YOUR attention to those provisions o
| tl.is law which make it dangerous TO the Gbcs.
ties OF freemen; for it is upon the existence oi
| these very dangers that shall base material
portion Of tue defence in this case. l shall de.
monstrate to your entire satisfaction, before
close, that it is to the exercise Of those undoubt
| ed rights, and to the discharge OF those un'
t questionable duties, which tac dangers hare
referred to impose upon every citizen. that the
| great part Of ull the acts committed by this dc.
| tendant which appear in er1dcnce in this cause
is justly 10 he referred. ...
The Fugitiys Slave law OF 1850 il based upon
| and purports to be, L caFrying into execution ol
the ad section Of the 18th article Of the Csnstitu
tion Of the United States, which is rs follows
+'3. No perstn held to service or labor i'll one
estate under the laws thereof, escaping into
"or regulation therein, be discharged from, such
"scrvice or labor; but shall be delivered up OH
"clsim Of tue party to whom such service Of
'tllhor ruay be due"
1t was INSERTED By tile learned attorney fol
the United States that this article formed ons
which it never could lave been adopted, and
this remark was made the basis of some very
eloquent appea's to your patriotism aud lore n
the Cniou. atm well aware that this remark
has been made befure, and is supported BY the
dict;. Of eseral learned judges, but it has beer
made IN & general way, md in connexiou witt
the whole sabjcct OF slavery il its relations tt
the Constitution. and it is So untrue TO the re-
corded facts Of history, about which there car
b. no dispute, that think proper to gire u few
moments to its consideration. deny that tli:
provision in this article for the right Of reclan1a
lion Of sluses throughout the states ever wa;
one Of the compromises OF tue Constitution. Of
that it constituted any snbject Of contention o1
difference in the Convention that framed tha'
instrument. On the contrary, the article it
question was adopted unanimously, aud wihou
cli:lting any debate or dissenting opinion i. re
gard to it.
The e; cat subjects Of difference whici, divi
ded the Convention, and which resulted in WIN
are SO often called tue compromises Of the Con
stllu;ion, were three:
Isl. The question Of difference between th'
power Of the large and small Ssates in the Fed
erat Government, which was compromised b.
givn. to tie small States IN equality in on,
branch Of tue Legislature while ii: larSc State
were represented in the other according to thc
| popnla.lon.
"a. The demand Of the Statcs where Stare
formed 4 large element ia the population, tt
have the population on which the representa-
t;on was to bs based include the slayes, wl,icl
was resisted by the other States as anti-isepub
licau and unequal. and was compromised b,
yielding 10 the slave States the right to lnclud'
three -tiILs Of ,le slaves in estimating tile nun,
her Of the population on which tic representa-
| tinn should be based.
Sd. The third was the foreign slave trade
| which was rcrugnant to tho conscience AMI
sense Of right Of ulany Of tho delegates. but wa
xar1nly insisted upon by several Of the South
ern Stutes.
This WAS compromised By agreeing upon
specific year, the year 15o5, before which TIM
no authority to ressr1ct tle slave trade should b.
exercised, but giving the power to restrict
subsequently.
These were the compromises Of the Coustitu
tion. The subject Of the surrender of fugitiv
attention Of the Convention until nearly tn
close d( their iabors.
The Convention commenced its lahors in th
latter part Of May, list, and concluded then
/. early in september Of the same year.
IN asl Of the seven different drafts Of a plan O
a Constitution, several Of which we're submittc'
BY Southern men--one By Mr. riuckuey ofSouil
Carolina, and one By Edmund Randolph o
Eirgna-lhere was no provision whatever it
regard to the surrender of fugitive slaves.
On the ';th ee August, l7s7, the Committe.
reported the finished draft Of the Constitution
which contained no provision on the subject
1t was not until the 2S:h day Of August, sbor
time before the close Of ,he Convention, tha
Mr.. Butler aud Mr.. Pinckney Of South Caroln
moved as m amendment to the article respect
| ing fugittres from justice, 10 require fuGitiv
Blares "a be delivered up like criminals.
|, Mr.. Wilson oil Pennsylvania objected to thi
On the ground that it would oblige the Exe-u
tire Of the State to do it At the public expense