Year: 1860

l
his remarks said that il would be the happet day of his


life when at the proper time and under proper surround
ngs and at proper request OF the citizens OF the
District of Columbia he could aid them to strike of the
shackes Of the slaves here If he to say outside
what he saying in this ball. what security would
be have that he would not be put under bonds TO keep
the peace The doctrines of the Republican platform
recognized by the fathers of the Republic. There
is not doctrine Of his party which does not find its
root and beginning from them. On the contrary, H. g
doctrine of the Democratic party was subject Slavery
which has arrayed itself against the theory and practice
Of the leading statesmen North and South from the be-
ginning Of the Government down to the time Of Cal
hOun.


Mr.. Corwin, Of Ohio, Rep,) at the conclusion Of Mr..
EHots speech rose to explanation. lie understood
the gentleman FROM Massachusetts 10 say that he (Nr.
CorWin) in favor of all the provisions OF the law
of ls5S for the capture and rendition Of the fugitive
slaves.


Mr.. Eliot-Yes, Sir.


Mr.. Corwin-The gentleman, then, misunderstood his
his opinions upon that point notwithstanding he had en-
dJavOred to be very clear and explicit upon il; and
lest others might have misunderstood him, he would
ply 10 the remarks of the gentleman. lie had unmis
takaby stated upon a thousand occasions in public
sembies in that hail. and various other places that he
did not agree with all the provisions Of that That
extent to which he had gone. lie had stated that
he had some doubts the consitutionaly OF that
law although better lawyers than he was had expressed
their opinion its cOnstitutioualty.


Mr. Eliot glad TO md the gentlemen went farther
than he had known him to do before this point.
few steps further and he thought he would be abe to
shake hands with the gentleman rom Ohio for that
then, they should occupy the same platform.


Mr.. COrwIn-It had become fashionable for gentlemen
in this as well in the other hall of the Legislature
themselves right and TO pay great regard for what
called the record" Now he thought that it would
be well for among them ii there record OF
their acts. Laughter And, if he to be iutcrpre-
ter aud his recorded according these intcrpr.a
tons it wou be well for him, humble his acts we're
# his were never be recorded Continued laughter
In order therefore, for all TO make himself per
fecty understood upon this point he wished TO say
first to what he had often asserted that he Op
posed to the POWER being placed in the hands Of the
President Of putting his construction upon the laws, from
the fact that there the danger OF that power falling
into the hands of President uutriendly the iustitl
lions Of the country. In ISIS when Gen. Taylor was
elected 10 The Presidency this opinion Of his came to
be an opinion very popularity entertained especially with
the Old Whig Party of that day. In consequence Ct
this during the canvass of lS4S this opinion very
universally iucucated by himself and his friends in the
Northwestern States who advocated the election Of Gen
Taylor which opinion was that the President of the


nited States should not exercise the veto power ex
cept In cases 1crc the presented for his approval
was clearly uucOusitUOGa-that the power of cOnstru-
ing the law rested With the people and her representatives


either branch Of the Legislature that 10 The right Of
Congress alone elected by the people Of all the States de-
,crmue the policy aud propety Of tue aws-and that the
President not bound 10 aI his signature any law
which he believed was unconstitutional Very likely that
principle carried to extreme but it upon that
hypothesis that generally the voice Of the Wing party
was cast for Gen Tay llr President and for Mr. Fin
more Nce-PIesideut. Il so happened that he
member of that Administration, and the principle was
well uudero and acted upon during the whole Of that
Administrations that neither the President nor his Cabi
met were the proper persons 10 put construction upon
the laws but that the whole people here assembled
o. determine THIS question, AID not the Iresicnt nor his
Cabinet lie was member OF the Senate when the law
of $3.50 for the rccaptuEc and rendition OF fugitive slaves
which Was a compromise OF tac law OF lt3", intro
duced and he at that time more than mentioned 10
the gentleman who had introduced the Fugitive Slave
Iw that he greatly mistaken If he thought by that
means Of securing the peO ' OF the South greater IA
yies for rC-c9purrg their runaway slaves than gf


urdej by the law Of 1888 Events since then had prov
ed that he gilt ia h, Judgment Tor there bad been
more runaway slaves recdpuged 10y the act of 1898 than
had been r,-cap,ured by the amended act of the law
| Of 1850 He believed s'il he believed thea, that
! il was u great mistake to replace the Law Of 1893
by that OF 1850 He did no the present tme and al
WAYS had entertained doubts to the cons;iuuouality
of that part OF the law relating % the appointment Of
| Court Commissioners under the Fugitive Slave law
/ he was indeed, very much disappointed that the law
did no. provide tiuJ tie Commissioners should lie ap-
pointed by the President wih the consent OF Ia, Senate


for he thought then, he did now, that the Commission
ers acted not ia a ministerial character altogether, but
in some sort IN Judicial capacity and therefore the
cessty that those parties should have been selected by
the President with the consent of the Senate. That
the doubt he had TO the cOusGtutionaity Of the law
which he Welded 20 the opinions OF his colleagues in the
| Cabae. Under these circumstances he willing
/ dough as be bad often declared, he did nOt the
necessity ctpedeucy OF it seeing that the Constitution
itself provided In shape other for the reCapture
Of runaway negroes owing labor and service TO MASTER


that the President should give bis sanction TO the bill


That the Constitution did in some way provide for the
recapure OF runaway slaves, he thought would de-
nv Now, what would they gain by having written
Constitution If they did not abide 10y the fundamental
principles of that Constitution? The Fathers of the Re-
public as they called the old men who bequeathed TO
! them the Constitution knowing how uncertain thing
Would be tradiiiouary Constitution, determined that
the instrument which secured TO the people the rights Il


eemeu should be written down. and printed and trans
mitted to them the embodiment Of the principles Of
their organic law That the great idea They secur-
ed it against the changes which the great charter Of
he English Constitution suffered during the reiCns Cf
the HeuIy ard diva s. the PautaseHCts the Tudos and
me Sutrfs They knew that the traduOuary COus stitu-


lion of England changed with every fresh reign just as
the will OF the monarch desired therefore IL that
they determined that the Constitution they had formed
and which they bequea:hed TO Us, should DO fixed and
table and remain so forever. When change becomes
1ecesSary the Constitution itself provides how that change
should be effected The who framed the Constitu


on enacted the law known as the act OF lI95 and IN


der thai law and under that Constitution they Lived aud
prospered for fifty or sixty For his part he
iumbed himself before these old men, the fathers OF the
Republic and Acknowledged that they knew better than
he did what was necessary for the future government Of
a great country Ard what did they say' They said
tlat if mar wing labor al ri to auo;hCr, 81 oId
escape rcm the State where such labor or service was
due he should be returned 10 his master according
the law Of the State from whence be fled. The words
are That he shall be returned and delivered up Now
he thought that the provisions Of the Constitution were
Insufficient to meetNhe wants and demands Of Southern
gentlemen Wthouta any amendment OF the act of 1898 by
the enactment Of the Fugitive Slave law of 1850 For his
own part he owned slaves and they escaped from him


into another he would ask no other law than that of
1873 in his hands follow his slaves into any other State
ofthe uiou and demand their rendition Everybody knew
that by owing labor and service to another" he
meant in fact slave If that slave fled from Virginia into
Ohio his master could follow him, lay hold of him, and,
under the Constitution demand that he ba delivered up
to him. and would be found to dispute his right
The Constitution to this extent, recognizes the man
owning service and labor prOpery-quaihed proper
| tv But if a man claiming property in slave follows
him in.o Ohio " t1er he have led and attempts o
carry him oil with violence, then he subjects himself to
the operation of the common law. But under the Con-
sttution a runaway slave must be delivered up by the
person TO whom he labor and service proving his
claim 10 him. and this without any specific law such as
that OF 1850 The Judge before whom the case would
be brought would hardly pronounce the Constitution un
constitutional and refuse TO deliver the runaway up The
Constitution does not say that such man shall be dis
chlrpcd no but that he shall be delivered up. aud
III efore he asserted that it great mistake III
Southern men to suppose that the Fugitive Slave law
was sry the security OF their rights IN this re-
spect Ii owed service aud labor, and he escaped
from the master 70 whom such labor and service were
due then say the Constitution provided for his recov
cry, and when captured he must be delivered up to hi;
master. That vas bis opinion, He might be wrong
bat all he had to say that the Constitution 50 provi
ded aud had the law decded and in that respect he
did not think the Constitution was unconSutuuon
al. Laughter. Now surely. in the year 1860, they
were not going back and to say that the several State;