Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-04-10
\ SPEECH OF
HON. G. w. SUMMERS,
~ IIlL FI-su1-tIa S<7-S -
rcoxcrupED.l

l OF the DuDllc treasury vi Tue OultcQ oldtcr,
! under this section, goes upon the hypothesis
| of failure of the General Government to
perform its duty and execute the laws 1t is
only where the Marshal has failed to reclaim
| the slaVe that the Government is to pay. The
whole duty of the Government to make the
payment is upon the ground of the failure OF
that Government to execute the fugitive
| slave law and to restore me my lost slave
1t is the duty of the Federal Government
and it is within the power of the General
Government, to execute the laws in regard
to fugitives from service.
1t is said that unless You have this re-
source, the people of any given community
| in the non-slaveholding States would feel
| less interest in the surrender of the fugitive,
and may be the more induced to aid IN MS
escape. Do you not perceive that the argu-
ment would operate equally In another
| direction If ii be sound one. Here II is
| the duty of the General Government to exc
cute this law and restore me my slave, by its
public functionaries. who are charged with
| the execution of the law. You, however,
after making the General Government pay
for that default of duty, give the Govern
| ment recourse over against counties. cities
| and individuals. Do you not perceive That
4 the moment you give that recourse over you
| lessen the incentive and motive that should
prompt the General Government and its
| functiolaries to the faithful performance OF
| duty? The Government knowing that the
| public is not to suffer-the marshal, deriving
his official position from that Government,
and charged with the execution OF the law,
knowing that the public treasury will be re-
| paid its outlay, that the loss will be made
| good from the State, county or city, where
| the obstruction has occurred, will lessen, TO
| that extent, the stimulus to the performance
/ of public duty by the General Government
| and by the agents and officials of that Gov
/ eminent.
| But, again, throw ont this thought. AS
| / remarked yesterday, we are not only en-
deavoring to obtain proper and sufficient
| guarantees for the protection of slave prop
| erty; we not only desire to avail ourselves
of the occasion to obtain place in the Con-
| stitution itself for the security of our rights,
| but we desire that there shall be termina-
| ton, for all time to come, of agitation upon
this question of slavery between the Northern
and Southern States.
Mr. President, after all. that is the great
| end at which We should aim. The consider
alton of this topic of dissension has found its
way into the political arena: it has been
| fOisted into the platform of party, and 1t is
the fruitful theme of party tactics every
where. This fact, l say, after all is most
Objectionable and gives rise to a greater
cause of apprehension than any other. The
desire of all should be then TO exterminate
Now. Mr.. President, apply that view to
this provision. You will provide here that
the General Government shall pay for the
unreclaimed slave, and you give the Coz
eminent the power to sue or levy In some
form upon States, counties or individuals to
reimburse itself. Take the case OF suit
Can the human mind conceive OF more
certain and determinate mode of keeping up
this agaitation in localities where we desire
shall ha trannTlll and where II
is our interest to suppress rather than invite
controversy and excitement?
You sue in the city of Cincinnati for the
loss of a slave from Kentucky, unreclaImed
by the Marshal, because OF alleged violence
or intimidation. Every such suit will pre-
s Mt direct issue to divide communities IN
opinion and action. Partizans will rally on
either side and thus keep alive the fires which
would otherwise die out.
put it to the calm judgment of the Con-
yention to say, whether, in the case OF a lost
slave, lost by the inability of the govern
ment, whose duty it is to protect me 10 the
enjoyment of my property, is it not better
to make the payment out of the treasury
and there stop? The payment will De made
because of the default of the government,
and surely the government should not be
reimbursed from any quarter for Its own de-
fault.
But. Mr.. President, l may remark in this
connection that it is a matter of doubtful ex-
pediency; this arming the General Govern
ment with power to levy upon States,
counties, cities and boIOughs to repay itself;
and, as l remarked yesterday, you can pro-
claim no principle of Constitutional law but
by making it general in its applicability
You can settle nothing by way of Constitu-
tional amendment as a matter OF principle,
which is not principle everywhere, North and
South, in slavehOlding and non-slaveholding
States. l confess for one, that l have some
hesitation in arming the General Govern
ment with power to make good its own de-
fault of duty by levying upon States, cities
and boroughs, to reimburse itself, or to do
the same thing by suits in its own Courts. ."
Then, say, upon the whole, this section,
thus far, is unobjectionable. 1t provides fully
for the payment of the value of the lost
slave, and that is the great thing at last,
Mr.. President, what are the real practical
evils under which our people suffer in these
border States? How is it in Kentucky, Mis-
souri,, Western Virginia, surrounded by non
slaveholding communities, and liable at any
moment to the loss of slave property? Here
comes provision which declares that II, I'M
der the present Constitution, aided by the
law of 1850 and the law of 1898, you shall be
unable to have restoration of your slave, you
shall be paid for him. Look for moment
to the stimulus which that provision gives to
slave property in the border States, speak
for Western Virginia, coming as l do from
that region but when l speak for Western
Virginia, claim to be in every sense, Vir-
ginian all over. Born and nurtured upon
her sol as my, ancestors for two hundred years
before, / know no cherish no sentiment adj
verse to her interests or of a divisional or
sectional character. look to her as whole,
glorious in all her proportions and in all the
moral suhlimity of her DOsitIOQ.
Mr.. President, do you not think 1t quite as
important TO protect slavery in Western Viz
ginia as to protect il in New Mexico? We
are upon the border, surrounded by free
States. If We cannot retain slave property
securely and certainly, five have by our po-
sition q diminished chance of its certain en-
joyment and greater exposure to its loss
if. when slaves escape, they cannot
be reclaimed in any given case by reason
of the public sentiment of the States around
US, do you not perceive when it is provided
in that event that we shall be paid for our
slaves that il removes TO a very great ex-
tent the objections to an investment in that
species of property and encourages the dis
Summation and use of slave property IN that
region of the State?
- 1t has been understood that this provision
is the very thing that the border States Ken
lucky, Missouri, Maryland and Western Vir-
ginia-desire. We desire full and prompt
execution of the fugitive slave law. If the
fugitive be not surrendered up, then we desire
to be paid for the loss of such slave by the
government which fails to protect US. With
such a provision you would encourage, slim
ulate and protect the growth and dissemina-
ton of slave property and the slave interests
of your own State.
will you afford that encouragement as it is
here affordeds viii you adopt the provision
made for full compensation in the event con-
lemplated, or will you reject it? Will you
leave your own people unprotected and dis
couraged in the procurement and enjoyment
of this property. upon the ground that there
is no recourse over against the State, city
and county where the violence has occurred