Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-02-28

the committee, EMr. Nelson. in opposition
to the propositions of the committee, and in
favor of that offered by Mr.. Grittenden.
would state, sir, that can never give my
assent to the following resolution, which is
one of the series offered US by the committee
of thirty-three: -@=------ ---s--=-=-.-----
"Resozved. That we recognize slavery as
now existing in fifteen of the United States
by the usages and laws of those States; and
we recognize no authority, legally or other
wise of Stale where it SD exists, to inter-
fere with slaves or slavery 10 such States, in
disregard of the rights of their owners or
the peace of society,"
This, sir, expressly excludes slavery from
even a recognition in the Constitution OF
the United States; although the Supreme
Court declares, as we have heretofore seen,
that it is expressly recognized in the Consti-
tuition as property, and that it is the duty OF
the Federal Government to guard and protect
the owner in his right to his property in his
slave, and places even the right of property
exclusively in the laws of the State. Now,
sir, it is true, that slavery existed in some of
the States before the Constitution was FORM
ed and consequently exists Independently OF
it; but when that instrument was formed, it
expressly recognized It as a portion of the
property of the citizens, and which the Gov
eminent is bound to protect and defend.
eminent TO abolish slavery in the District OF
Columbia, or in places under The exclusive
jurisdiction of Congress, situate in slave
States, and the interstate slave trade. they
say that the committee does not deem it ne
cessary to take action, as there are no propo-
sitions from any quarter to interfere with
slavery therein.
Now, sir, submit TO the distinguished gen.
tlemen who compose the majority of that
committee, if this is meeting the question
fairly. Surely it cannot have been forgotten
by the gentlemen of this committee that, at
the last session of this Congress, Mr.. Blake,
of Ohio. introduced resolution, affirming
not only the right, but the duty of Congress
to abolish slavery wherever it had exclusive
jurisdictions; and it was voted for by con-
siderable portion of the Republican party.
And then sir, If the fact that no one is pro-
posing TO move in the subject be reason SUI
ficient for the committee to withhold any pro-
posal in regard to it, would inquire who is
proposing to abolish slavery in the States !?
And yet the committee propose an amend
ment to the Constitution to prevent this-a
RICH which is not claimed by any one on this
floor, but expressly repudiated. The propos-
ed change in the present law for the rendi-
ton of fugitive slaves is, in my judgment, ill
timed, and can have no other effect than to
create in the minds of Southern men bad
feeling and excitement. And it not only
lessons the efficiency of the law, in my judg-
ment, but adds very materially to the trou-
BILE and costs of retaining fugitive slave.
But my time will not permit me to go more
fully into this matter, aud must pass on to
the last proposition of the committee-the
propo sed amendment of the law for the rem
dtion of fugitiyes from justice--which is as
follows
" Amendment of the act for the rendition of
fugitives from justice.
"Be it enacted By the Senate and House of Re
personalities Of the United States of America, IN
Congress assembled, That every person charged,
by indictment or other satisfactory evidence,
in any State, with treason, felony, or other
crime, committed within the jurisdiction of
such State, who shall flee or shall have fed
from justice and shall be found in another
State, shall. on the demand of the executive
authority of the State from which he fled
upon the district judge of the United States
of the district in which he may be found, be
arrested and brought before such judge, who,
on being satisfied that he is the person eharg
ed, and that he was within the jurisdiction of
such State at the time such crime was COM
mitted, OF which such charge shall be priHsd
facie evidence, shall deliver him up to be re-
moved 10 the State having jurisdiction of the
crime; and if any question of law shall arise
during such examination, it may be taken on
by writ of error to the circuit
court"
Now, sir, 1 will read the provision in the
in regard to the rendition of fu-
gitives from justice. 1t says:
"a person charged in any State with trea-
son, felony, or other crime, who shall flee
from Justice, and be found in another State,
shall. on the demand of the executive au-
&c h. Ckota x-hs ah hsa AL H.
delivered up to be removed to the State hav-
ng Jurisdiction of the crime"
Now, sir, it is proposed not to deliver the
fugitive upon charge, as is provided in the
Constitution, but it must be proven that he
vas in the State at the time the crime is al
eyed to have been committed. Can gentle
men have forgotten that at this very time
here is controversy between the States of |
Virginia and Ohio, growing out of the John |
Brown raid? One of Browns sons and Mr.. |
derriam are charged as accessories before the |
Ferry. The Governor eff Ohio refuses to give |
hem up to Virginia, because he alleges that |
he defendants were not in Virginia at the |
ime of the Harper's Ferry murders; and this |
mendment comes very OPPORTUNITY in sup |
'ort of Governor Dennison. Sir, whatever |
nay be the strict rule of criminal law, we |
annot long be at peace with coterminous |
Government, much less a confederate State,
Which will permit its citizens to fit out armed |
ands of marauders against our peace, or |
urnish poison to our slaves, and be shielded |
y their State from punishment can never |
ote for this amendment, sir; which, if adopt |
d, will, l fear, lead to much mischief and in |
mite trouble. But there are many of the |
Propositions of the committee for which l |
hank them, and for which l shall vote with |
heerfulness. l hail them as the Attic voy-
ger does the first CLEAN of the returning |
ght, as the harbinger of the full and COM |
lete day. But, sir, taken as a whole, and |
s settlement of our differences, / am forced |
d candor to say it is not equal to the emer-
ency, and will not settle our differences.
Mr.. Speaker, much of this unhappy distur-
ance grows out of the fact that slavery, as |
exists at the South, is misunderstood and |
at the North. You of the |
elieve, that slaves at the South are held to |
e treated as mere property-as brutes. This |
J mistake; and here challenge compar-
son with you, as TO the treatment of your
aborers AMI ours. Sir, in Tennessee il is |
murder to kill slave; it is penitentiary |
ffeuse to MAIN him. If tried for crime. he /
) entitled to as many peremptory challenges |
S white man, ard to counsel in his defense. |
lis owner is indictable if he does not pro- |
erly feed and clothe him. We have no pau
'ers, whether from age or misfortune; the |
Dung and the old, the valuable as well as
be worthless, are alike cared for and pro-
ected. How is it with you?
Mr.. Bingham. / desire to ask the gentle /
nan from Tennessee question: suppose a
Thite man MAIN slave in your State, is be /
flowed to be a witness against the person |
rho has MANNED him?
Mr.. Quarles. No, sir; slave is not per-
litted to testify in any case in Tennessee
gainst white person.
Mr.. Bingham. In Ohio any man who is
1aimed by another has the right 60 testify
gainst him in court.
Mr.. Quarles. Well, sir, that only shows
hat you have different rule in your State
D regard to who shall be witnesses in court