Year: 1861

own salary.


But upon principle is not the omission of this proyi.
| sion for reimbursement defensibe? | will snggest A
thought or two upon that point. The payment for The


loss of slave out Of the public treasury of the United
States under this section goes upon the hypothesis of
failure OF the General Government 10 perform its duty
and execute the laws 1t is only where the Marshal has
failed to reclaim the slave that the Government is to ply


The whole duty OF the Government make the payment
upon the ground of the failure of that Government TO
execute the fugitive slave law and to my lost
slave 1t is the duty of the Federal Government and h
is within the power Of the General Government 10 exe
cute the laws in regard to fugtives from service.


Ii is said tha. unless you have this resource, the
people OF any given community in the savehodirg
States would feel less interest in the surrender of the f
gve and may be the more induced to aid in his escap
DO you not perceive that the argument would operate
equally in another direction, il be a sound one Hero
1t the duty of the General Government execute this
Law and restore my slave by its public functonares
who are charged with the execution Of the law. You
however, afer making the General Government pay for
that default of duty give the Government recourse over
against counties cities and individuals Do you not per-
ceve that the moment you give that
you lessen the incentive and motive that should prompt
the General Government ard its fuuctonaries 10 toe
faithful performance of duty The Government know
ing that the public is TO suifar-ahe marshal deriving
his Official position from t5at Government and charged
with the execution Of the law, knowing that the public
treasury will be repaid its ouJay, that The loss will be
made good from the State county city, where the OBJ
sruction has occurred will lesseD 10 that extent the
stimulus the performance OF public duty by the Ge1e
raj Government aud by the agents and officials OF that
Government.


But, again, threw out this thought. As remarked
Yesterday not only endeavorng to obtain proper
aud sufficient guarantees for the protection of slave prop
erly not only desire avail ourselves of the occa-
sion obtain place in the Constitution Itself for tne
security OF our rights but desire that there shall be
termination, for all time to come, Of agitation upon
this question of slavery between the Northern and South
ern States.


Mr. President after ALL that is the great end at which
should aim The consideration OF this topic OF dis
sension has found its way into the political arena has
been fcsted into the platforms Of party, and Il the
fruitful theme OF party tactics every where. This fact


say, after all is most object enable and gives rise to
greater cause OF apprehension than any other. The de-
sire Of all should be then exermnate far possible
all grounds of irritation.


Now Mr.. President, apply that view to his provision
You will provide here that the General Government shall
pay for the unreclaimed slav aud you give the Govern
ment then the power to levy in form upon
States, counties individuals reimburse itself Take
the OF suit. Can the human mind conceive Of
more ccrail and determinate mode OF keeping up ts
agitation in localities where desire every thing shall
be tranquil and where it is interest suppress
ther than invite controversy and eYc tement?


You in the city OF Cincinnati for the loss Of slave
from Kentucky, unrgcaimed by hs Marshal because Of
alleged violence intimidation. Every such suit will
present direct issue to divide communities in opinion
and action P.rizlns will rally either side aid thus
keep alive The fires which would otherwise Gle CUT.


put it TO the calm judgment Of the Convention 10
saw whether IN the cese Of lost slave lost by Inability
Of the government whose duty it is 20 protect ne nte
croyment OF my property it L. LOT better 20 make the
payment Of the treasury and there stop? The pay
ment will be n ,de because of the default oi the govern
ment, and surely the government should not be reim-
bursed from any quarter for its own default.


But; NJ. Pr, sident may remark in this connection
that il is mater of doubtful e1pefency; this armipg
the General Government with power TO levy upon States
counties cities and bOroughs repay itself; and "a re-
marked Yesterday, you proclaim principle of Con-
stituont law but by making il general 10 It's applca
biity You settle nothing by way OF Consitu lcna
amendment matter Of principle, which is not prin-
c;re everywhere North and South in slayeholdng aud
non slavehOiing States confess fer one, that have
some hesitation in arming the General Government.
with power to make good its default OF duty by
eyying uoon States cities and boroughs, 70 rein urse
itself, or DO the thing by suits in lis o8n Courts


Tten saw upon the whole, this section thus far, il
unot c.ioDabe. 1t provides fully for the payment Of
the value OF the lost slave and Lat is the great thing
at last.


Mr. President, what are the real practical evils under
which our people suffer in these border Siates How is
il in Kentucky Missouri Wes'eru Virginia, surrounded
by non. .slvchollipg communities, and liable a. any
men to the loss OF slave property? Here comes pro-
vision which declares that it. under the present Consti
tuition aided by the law of 1850 and the law oil 1893,
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
ing a. do from that region; but when speak foT West
ern Virginia. claim 10 be n every sense Nrginian all
over Born and uurtured upon her SOIL my ancestors
for two hundred years before, know cherish 10
sentiment adverse to her interests Of divisional
sectional character | look to her a whole, glorious
il all her proportions ard ia all the moral sublmy of
her present position.


Mr. President do you not think it quite as important
to protect slavery in Western Virginia to protect It
in New Mexico2 We are upon the border surrounded
nv free States If We cannot retain slave property
curey and certainly, if we have by our position dimn-
ished chance of its certain enjoyment and greater ex-
posure to its oss- when slaves escape they cannot be
rcllmed in any given by OF the public SEN
tnent of the around u.s. you not perceive when
it provided in that event that we shall be paid Tor our
s ye that il 10 very great extent the obec-
tons TO an investment in that species # property aud
encourages the minaion aud of slave property
IN that region of the State:


1t has been understood that this provision IS the very
thing that the border States-Kenucky, Missouri, Ma
ry,and and Western Yirgnia-dcsire. We desire ial
and prompt execution of the fugitive slave law. If the
fugitive be not surrendered up, then desire 10 be
pid for the os OF slave by tho government which
fails to protect US With such provision YOU would
encourage stimulate and protect the growth aud disse-
nation Of slave property aud the slave interest OF your
own State.


VIII you afford that encouragement as /. is here lt-
fordedf vii you adopt the provision made for fII
conpensation iu the event cUmempA ed, or will you
iect its viii you leave your own people unpfo ect@d
AZ discouraged in the procurement aud eDj)yment oi
this property upon the ground that there is no recouo
ov against the State, city and county where the vio-
lence has occurred!


Ex Presid, nt TYLrR VIII the gentleman ON Kama
wha allow me to interrup; him for moment? Accord
ing 10 my best recollection the vote OF Virginia was
gwen as unit against that section. Ny honorhbi
friend has vndicated the position all through Will he
be good enough TO tell what objection he had TO It's
adoption He will relieve me very much by exhibiting
the other view Of the picture. have been, and am
now in a very bad state of health, exceedingly lnhrmi
but propose TO make commentary upon TINS Peace
Ne got alton II will relieve very much-ii, in ruth,
am not mistaken in suppcsng that that section WAS
ohi,cted TO by the unanimous vote OF Virginia IN the
C5pven,ion-by reversing the picture which he has
avn and show the ELECTIONS which he bad TO it at
time.


Mr. SUMMERS Nv venerable and distinguished friend
ard late colleague calls upon me to do work which he
wi accomplish so much better himself that hardly feel
justified in attempting the task which he has evidently
reserved for his own hands. have presented my views
of this sect on so far it has been yet subjected to
animation aud will leave the gentleman TO present the
pcture which it has impressed on his mind in his OWE
wsy and with his own more skilliul pencil.


However with the utmost respect and the kndest feel
ines for the gentleman-tor he knows that | entertain
none other towards himI will remark that have not
vet finished this seventh section. There is portion at
tached to this section of which have not yet spoken,
and about which will speak presently The Convention
will bear me witness that have only commented upon
bat rortion Of the section which relates TO payment for
unclaimed slaves There is another portion which at the
beginning of my remarks this section, reserved Tor
senerae Consideration This has not been forgotten
intended TO b. forgotten.


Ct IL III A