DEMOCRAT,
AND BLOOMSBURG GENERAL ADVERTISER,
I LEVI L TATE, EDITOR,
TERMS: J2 00 PER ANNUM-
"TO HOLD AND TRIM TEH TO HO II 01' TUUTII AND WAV1S IT O'JiJR TUI5 DARKENED EARTH."
BLOOMSBURG COUMBIA COUNTY, PENN'A,, SATURDAY, MARCH 19, 1864.
VOLUME 28.
!
4
Select poetry.
Prom ih j Philadelphia Sunday Mercury.
-Hace for the Preoldentlal Nom
ination, Between the SitlyliTiiled Horse Mack Abe
and Greenback Glum,
"lUmni'jU I bn.b. ilJet rouo"-aunifaita.
Drln j nut your nag, for now begins
TIii! Presidential face ,
There are two horac In Ilia tluU
Mack AbJ a nil Greenback Chase,
Dotli of ttism at tin) atittinij post,
llavo tahsa uu their station ;
1hi horse that snorts and tuiu tha bsst,
Will g.t I'aj nomination.
iFour years ago Mack Abi run
On tlu Chicago coutaa ;
Although a swlndtin.i race, hg was
Declared tha svlnnlng herse.
A nlifgsr Jockey now healriJea
This old stala Jolting hack ;
And Oreelcy swears that bo will bit
Ilia gray coat on tin ISUck,
Tho Greenback horse has not befor J
Horn tried upon the liack ;
Out curries a heavy load uf debt
And taic on tin hack.
Groat I'untroy ha.i brought him out,
Thou(h Hume folks say lit shabby,
To run the llttmitck flnanrier.
A.'i'iin.t the "ilomnment."
But yptagiHy says if thinrfa oruiuate,
And blacklegs quit tho course,
.He'll i" u apleudl.l v.eddiiiij Jim
Upon the Greenback bursa.
Now bring 1,'itli homes to tha ecraica,
An J l-t HuMii l.ico iho mark ;
They both mustslur'l (is soon aa John,
The Doj, begina to bark.
IHu-im, they'ni oft", away they no,
As sniftly id the wind :
Tho black-lurse line u large f:rtC4 rail
A sticking out behind.
AnJ fifty Proclamations, loj,
Ar tucking tu thu rail i
7'J Uilluix worthless notes hung t
The Greenback horso's tail,
Now lil ick. now Groan, now Gr-'eti, no, ti':Y.,
Give each of ilinn fair play
Tlta hoMe that setj to lllchmond first
Is bound tu uin the day,
"Hurrah I Hurrah I they come ncutn 1"
UiMOuuds along ilfi eourso ;
Let flu the rail, and loose the tail.
And b; tha winnliij horss."
Hut look I what u the matter now
With Oreeu ns well .is Ulaci I
Th-y bulb hrt i kiri at Richmond,
And j'l Charleston turned tluir liact.
Thi-ri-fore the race cinstbs postpomd
A month or two, of course.
Until we bnn up ht'.le Mae,
Hie DiiuocratiCi horsj.
'Xaix o n a
itEPEAls
OF THE FUGITIVE
LAW.
MINORITY REPORT.
V1EKS OF Till: MINOUITY, SUIIMITXED UY
HON. C. R. BUCKALEW,
IN' TUB UNITED STATUS SENATE, AND
01!InilUD TO HE I'ltlNTED WITH TUB
KEPOllT OF THU COMillTTEE.
Tlio undersigned, a minority of tlio
Cfiiniuittce on "Slavery and tho Treatmont
ofrrocuineii, to wlncn couitmttuo tvoro
reforrnd sundry petitions for tho repeal of
nil existing laws of iho United States for
tlio rendition of fugitive slaves, have found
tliorujolvos unabla to nree with tho major
ity of tho committee in the views express
ed bv them in their nroDOsed rcnort tn
V II I"
'tho Senato, or to concur with the mnjority
in reporting a bill in accordanco with
tuo prayer of the petitioners.
The majority of this oommitteo dcclaro ;
the acta ot Congress of 1793 ane 1800, in '
nid of tho reclauiation of fugitives from
stTTice'and labor, to ba unconstitutional
and inexpedient, and their report is a m-
ume oi ma arguments which neretoiore
uuv; uceu m.iuu viaiuci. ck;i uuill casiuu-
al Rgislation. It is, theroforo,
a proper
ocoasiou tor restaiing the grouuds upon
whioh Congress proceeded upon former
occasions iu making provision by law for
tho reclamation of fugitives from labor,
and to rcfuto and repel once moro tho
impassioned and unjust objections by
which that notion of Conuress lina linen
assailed.
Tho fourth article of tiio Constitution
contains seven miscellaneous provisions, j
tho third and fourth of which, contained '
in tho second section, aro as follows : j
"A pcrsou charged in any State with
treason, feloiy or other crime, who shall'
tirii, fritm i 11 al inn . A U f.....wt t nrlnll,nHt
..v ....... jujiiuu mm ui iuuiiu in uuuiuu.
State, thall, on demand of tho executive
authority of tho State from which ho fled,
bo bclivcred up, to bo removed to the
Stato having jurisdiction of tlio orimo."
''No jioi'sou held to service or labor in
ono State under tho laws thereof, cscap-1
ing into anothor, shall, in consegueuoo of
any law or regulation therein, bo dischar
ged from such sorvieo or labor, but shall
, bo delivered up on claim of the party to
, whom such service or labor may be duo."
These cliuses may be desoribed as in
Pji tho uaturo of clauses cf extradition, and
1 if they appeared in i treaty between States
perfectly independent of eaoh othor, and
without a common agent or authority lor
the determination of quostions betweou
them, would bo executed exclusively by
tho political authority of the Statu where
the fugitive'from justice or labor should bo
found. They would bo only articles of
compact or agreouicnt bclween independ
ent parties, tho oseoulion of which would
bo a question of good faith in tho party
upon whom tho obligation would rest.
And tho remody for a broaoh of tho obli
gation would be by tho action of tho Stato
aggrioved, in a resort to war, reprisal, or
other means of redress known to interna
tional law.
But our States aro not wholly iudepou
dent of each other, Thoy aro nsiociatod
together -in a constitutional uniou, aad
liavoa joint roprcsontativo or agunt in tho
government of tho Unitod Slates. And
tho instrument by which that association
U created, and that government establish
ed, cannot bo rcsoiuded or changed, oxcopt
by the formal action of tho political bod
ies which formed it, acting 10. tho uianuor
piosoribcd jn tho instrument itself. In
laot, so intimate is tho association, that it
loses the character of an alliauac or lcag
uo of iisdepcudcnt States (dopeudont upon
tho frco assent of the parties for its con
tinuance) as to all subjects, whother of
power or duty, embraced in disagreement
of union. Tho several States, and tho
people of oich, aro bound by tho action of
tho common government upon all eubjucts
committed to its jurisdiction.
And ns to tho stipulations above men
tioned, which rolato to tho return of fugi
tives from ono State to another, itmuit be
manifest that the relation of the States
would bo different if they werewholy indep
endent of oach other. Doubtless tho duty
of ozeoiiting tho stipulation would bo tho
same, but its obligation would bo imper
fect, or at leastj its scuetion would ba dif
ferent. If there e nojurisdittnon in the govorn
nioni of iho United States o'ver this sub
ject of the return of fugitives, it u mani
fest that thero is no sanction or power
whatjofver for tha e.iforcaai'-'nt of thu
right ol'rcclamatiou against a defaulting
State against a Statu which declines to
execute, or opposes the execution of the
Constitution, and wo would arrive at the
absurtd or improbable coucliiM'ip that n
solemn riyht and duty wore orcated with
out any pcs-dhlo remedy for their violation)
for it is manifest that a St.ite nggriovsd
could no', resort to any means of redress
known to public law. jy the tenth sec
tion ol tho nr.-t artioii it is declared that
"No St j to sh.ill enter into any treaty, al
liauce, or confederation, or grant lettori
marque find n-pri'al, nor, without tho
consent of Congress, keep troops or ships-of-war
in lime of peace, or outer into any
agreement or compaot with another State,
or a foudgii power, uukss actually invad
ed, or in stioh imminent danger as will not
admit of del iv."
In ease, therefore, of obstruction or
denial of the rights of a Stato under the
Constitution to hnve its fiifitives returned,
it could me n'- force tor the vindication of
the tight against a State in default, nor
could it oven enter into any negotiation or
form any agreement with s-joh dratcs in
regard to tlio Eubjeet. This consequence
would be, that tho Stato upon which tho
wrong is inflicted would bo in a wcrse con
dition as to tlio vindication cf r. richta-
gainst another State.- founded upon a com
pact of roelainfction, than it would bo in
if it were an independent Stato, and had
never entered into tlio compact of union.
For by that compact it has surrurnlered all
right and power to redress its own injury
It followb that a construction of the
Constitution which would deny to tho fed
oral gofoniment all jurisdiction nd
power over this subject of tlio reclamation
of fugitives must be unreasonable and laUe.
For wo oannot buppoio that thoso who
formed tlio Coiiititution intended to do
chro a right vhioh sLould bo iucapablo of
enfoicemenr, or to place a Stato as to its
rights, or the rights of its citizens, iu a
worso pqpuiou than that in which u would
I '
i stand
; Consti
aa an indupomleut power. The
titutiou was a romodial instrument au
well as ono of order and uuiou, and it i
must be construed as creating the powers
uoccKsary to the eul'oiueiiiunt and vi.udioa-
tiou of rights declared by it. It is claim-
ed for thu system of English law, that it j
announces uo legal rii'ht without provid- I
, mg au adequate remedy, and it
would bo
-r,n odious imputation upon our ancestors
to assert that they did not make full prov
ision for a like perfection in our laws, in
creating tho Constitution and government
of tho United States.
This subject cf tho return of fugitives
becarao highly important in forming an
intimate union of tho States, which involv
ed tho surrender of mauy powore cf inde
pendent action by them, and gave to crim
inals, sieves, bouud servants and appren
tices, increased facilities for absconding
from one Stato to another. And it was
adjusted in tho clausos already oited, by
au einphatio declaration of the right of
reclamation, in tho caso of criminals upon
demand of the executive of the Statu from
i i fl .1 I ffn
Huiuu wiuj uavu iiuu, nun iu i-UHU ill "per-
soushcld to servicu uud labor," upon
claim of "tho party to whom xuch servico
or labor may be dm ." And as to tho
latter class of tugitives thero is au express
provisiou that they shall uot be discharg
ed from Bervice or labor in consequouoe
of any law or regulation of the Stato into
which thoy shall escape. Tho right of
the claimant under tho laws of his own I wjlhout any statute provisiou what ever for
Stato, to thoscrvic) and labor of tho fugi- lits vindication.
iivc, is to stand intact and unaffected at ' Tho most important argument urged
all times, iu the new jurisdiction to which ! gainst these laws by tlio majority of the
tho fugitive lies oscapud. And, "ho shall i committee i this : That tho duty of re
be delivered up." To whom is this in. i turning fugitives is charged upon tho
junction directed ? It is general, it does j States by tho Constitution, and that Con
not spooify any authority or person by gross has uo jurisdiction over tho subjoot.
.whom the delivery shall bo made; and) But it is not proposed by thoso who sook
being thus general aud unqualified, it may , t repeal of theso laws that the States thall
be held to include any person or official in perforin auy duty in returning fugitives
whoso hands, or under whoso aoutrol, the 1 1'com labor. In point of fact they areas much
fugitivo may be. Aud ho is to ba deliver-: opposed to Stato aotion upon this subjoct
cd up on claim, without acy thing further; ai to fedoral.and will be fouud resisting it
upon au open assertion by the claimant of to the utmost wherevet and whenevsr pro
his rights. No judicial proceeding is Bug- posed. Thereforo,the argument it not
gested, no warrant is required. Tho ruadu by them in good faith, for the pur
clauso j dear in indicating a nifht uf re. poso of inducing au execution of the con-
oaptlon by the porson to whom tho sorrioo
or labor is duo, and is dosoriptivo ofsuoh
right as that described by lilaokstone, in
ins Uoinmemarics, i Com 4.) Uu says :
"llccuption or reprisal is anothor species of
remedy by th mere act of tho party injur
ed. This happens whou any ono has de
prived another of his proporty in goods
or chattols personal, or wrongfully detains
ouo's wife, child, or servant.; in which
oaso tho owner of the goods, and tho hus
band, parent or master, may lawfully
claipi ana rotako thorn, wliorevcr ho hap.
poss to Gnd them, so it bo not in a riotous
manner, or attended with a breach of tho
peace." Hut it docs not lollow that this
constitutional right is independent of all
statulo law. Tho regulation of legal rights,
though they be founded iu a Constitution,
must pertain to the l'cgislatlvo power. A
Constitution canuot troat of details, nor
establish the incidents of a right, nor tho
lorms through which it shall bo assorted.
Tlio right of recapt'eu in tho master ex
ists, acd(has always existed, iu every
State possessing eorvilo labor; but the
oxoroiso of this right iu a free Stato is
only by virtuo ol tho Constitution. YouId
it not bo vary unreasonable to hold that
whilo this right is subject to legal regula
tion and it is in fact regulated in tho
States from which a fugitive oecapos, it
shall be exercised without any regulation
whatsoever in tho Stato to which ho has
escaped !
ThU right, then, like other rights crea
ted or asserted by tho Constitution, may
give occasion for statuto laws, nud the
nquiry arises, what political authority has
jurisdiction over tho subject t Docs the
government of tho United States possess
such power, or does it pertain to tho
States l)y what has been alroady shown
it appears that such power must reside in
tho government of the United Status, and
can be exercised uniformly, oartamiy, stud
beneficially by it alone. Aud -the federal
government hai exorcised such power,
without serious quesuou, until rccautly.
In couscquetico of :i question of the re
clamation ol a fuu'ituo Ircm justice, aris
ing between tho Stato. of Pennsylvania
and Virginia, and u communication from
tht; former Statu to President Washington
thu subject of Icijislatiou b Coheres iu
uiu oi me rociuir.aHcn oiiugiuvos came in
l -i-., . 1 ..rr -.!
bo ociitiiderofl as uarlv as 1791. The
question was .submitted to Congress by tho
I'roidoiU iu thf.t year, but uo final action
being then had, its consideration was rc
mmeti at the following session. At last,
after debate ftnd aincndrntnt, a bill entit
led "An act re-pectin;; fcgit'.vca from jus
tice, aud persons escaping from their mas
ters," .wss enacted into a law,l!'ebuary 12,
1703. This net is yet iu force, though
amended in 1800. By the first two
sections fugitives from justico in Stato
and Territories arc to ba delivered
up
to tho oxeoutive ol tho Stato or Terri-
tory from whioh they hed ; ami provision !
is made for the manner in which it shall
be done, and to punish any perfou con-'
ccrued -in a rcscuo of tho fugitive. The
third aud fourth sectious authorize tho
olaimant of a fugitive from labor iu any
State or Torritory, by himself, his agent,
or attorney, to arrest the fugitive and tako
S.1U1 utieic u jaugu ui i uuiuu ui.ni.co
court, or before any magistrate of the
county, city, cr town, where the anest may
be made, and upon propor proof to obtain
a certifioato which shall be a sufhoient
warrant to romove him to tho Stato or
Torritory from which ho fled. Aud then
follows a provision for the punishment of
auy person onsiruciing tuo claimant ins
agunt or attorney, in the reclamation.
(Annals of Congress; 1791-03, pagsi 1914
15. I This act appears to have beeu debated
I and fully considered iu both houses, pas-
sing tho Semite without a division, and in
j tho lo-isa of llepresontatives by a voto of
48 to 7.
'Tho act of 1800 was simply amendatory
of the act ot 1703, and it had become no
j eossary in order to secure to cUimants
j their rights under tho Constitution. That
tforticn cl tho act of 1793 whieh authori
sed Stato magistrates to act, had becomo
inoperative, and in tho case ot many
States, their assistance in thu execution of
ttic law had been forbiddeu by 6tatute.
Ono main object of thu act of 1800 was to
substitute commissioners appointed under
tho authority of tho Uuited States, in place
of tho State ofHcials designated by the act
of 1703. Other provisions of tho aniiu
datory aot wore drawu with rol'eronce to
tho experience of the country iu cases of
t-roslamation, and , wero necessary cr at
least appropriato to the execution ot tho
constitutional provisien. The act was
agreed to iu tho Senate upon the quustio.c
of engrossment by a voto of 27 to 12, and
passed the IIous finally, on the 12th day
of September, 1800, by a voto of 109 to
75.
Theso aro tho laws which it is now pro
posed to repeal, ani tboir ropeal will leave
thu constitutional right of reclamation
stitutional provision in quostion, but for
tho purpose of defoating it by preventing
tho reclamation of fugitives at all, Tho
repoalof theio laws by Congross is not to
bo acooiupanicd or followed by Stato laws
or Stato action, iu nid of tho master, but
by mcasurci and action of an exaetly op
posito character. The olaimant is to on
countor opposition under porsonal liberty
laws of the Statos and otlior devicoa of
hostile sontimont, aud is to rcocivo no aid
whatever from Stato officials in tho vindic
ation of his right. What is propoicd and
intended by tho advos.ites of repeal is not
a new aud more appropriato roundy for a
constitutional right, tho substitution of
Stato for federal action, but tho defeat
and virtual destruction of tho right .itself,
by withholding all government aid what
soever from the olaimant pursuing it.
Hut tho questionof tho power of Con
gress to enact fugitive laws has been most
fully determined in favor of tho power by
the appropriate constitutional tribunal.
In tho caso of Prigg vs. Tht Common
tee ilth of Pennsylvania, 10 Peter's Re
ports, p. 543, tho Supromo Court docided
that "Tho act of 12lh of Fcbuary, 1703,
reUtivo to fugitivo.alaves ja clearly consti
tutional iu all its lecding provisions, and,
indeed, with tho exception of that part
which confers authority upon Stato magis
trates, is frco from rcaaouabls doubt or
difficulty," And Judge McLnan declared
in the 3aico caso that -'Congress havo leg
islated on tho constitutional power, and
havo directed tho modo iu which it shall
bo oxecutcd. Tho net of 1703, it is ad
xnitted cover tho whole ground, and that
it is constitutional thero sticms to be no rea
son to doubt." (Ib., 6G9.)
In tlio case ot Ablcman vs. Booth, 21
Howard's Reports, p. 020, tho Supreme
Court tay, speaking of the act of 1850 :
"In the judgment of this court tho act of
Congrcis oommonly called tho fugitive
slave law, is, in all of its provisions, fully
authorized by tho Constitution of the
United States."
These decisions would solidly establish
tho doclrino already maintained by us up
on tho question of poweraf authority were
needed to support it.
Tha Constitution having deolarcd the
right of reclamation of fugitives from jus-
... "
tlco (ma labor, a power is necessarily im-
ijiilu 111 bliu euvuiuuivub Ul me uuuuu
in
, states tor ita exocutioii, it is a reasona
ble and necessary power, resting upon tho
express provision declaring tho right in
quostion. And from tho foundation of the
government the power has been exercitcd
without any hostile decision, from auy tri
bunal or authority untitled to pronounce
couulu'ively upon it ; iu f.it't, there has
boon less differenoo of opinion upon this
' subioot than upon almost any other impor
tant provision of tho Constitution which
' hus been subjected to debate.
j It i, truo that whilo tho maior
ajority ol tho
Supremo Court held, upon ono occasion
that this power was exclusively in the
United States tho minority held that it
was a concurrent power, and might be ex
ercised by the otatcs m aid cf tfcu clatm-
aufs right, in tho absence of Congressional
action. Hut it is cuite immaterial whioh
lot'thnan viuws bo accented, so far as our
prCSCUt pUrpOSO IS COncerUCll. 1.1 1110 DOW-
er exist in either from in tio United States
the right of Congress to pass proper laws
. pursuant to it is indisputable j for, bv tho
' concluding clauso cf tho otghth scotion of
tho first article of Iho Constitution. ''Con
; gr(.ss i3 authorized to make all laws which
1 shall be necessary and proper for carrying
; ,ut0 execution the foregoing powers,! those
enumerated expressly,! and all othor pow
.crs vested by this Constitution in tho 0V'
j crnmont of the Unitod StatcB,or in any do-
Ipartmont or cicer thereof."
i Having uovr stated tho ctso upon the
question of power, wo proceed to submit
some observations upon particular points
contained in the report of tho majority and
nud will then state some gonoral consider
ations which stantl opposed to tho ropeal
of thu fugitive acts :
1. Tho majority sy, in speaking cf tbo
delivery of tho fugitive, "Jt restores to tho
claimant tho complete control over tho por
son of tho victim, so that kc may bo Con
voyod to any par of tho country where it
is possiblo to hold a slavo, or tie may bo
sold on the way. From these circum
stances it is ovident that the prcceodicgu
cannot bo regardod, in ony just cense, as
preliminary or auxiliary to some tuturo
formal trial, as in tho caso of-the surren
der of a fugitivo from justice, but as com
plote in thomsolves, final and conlusivo."
Tho answer to this is furnished by tho
laws themselves. Tho act of 1703, sec
tion 3, says : "It shall be the duty of such
judge, or niagistrato, to givo a certificate
to such claimant, his agent or attorney,
which shall bo Ptifhcicnt warrant lor r.
from labor to the
Xtuleo" Territory fromwuch he orstiejlcl,t.ons which adopted tho Constitution, and
Tho aot of 1800 provides, in section 4, i yut tho majority assert that tho clauso
that tho oommissionors-who hoar fugitivo
cases "shall grant certificates to suoh
olaiinants upon satisfactory proof being
made, with authority to tako and remove
such fugitives from servico or labor, under
tho restrictions heroin containod, to the
State or Territory from which such person
may have eacuvtd or Jlcd." (Soo also
section 0.)
These citations constitute a euffioient ro
ply, without more, to the statsmout of tho
majority. That statement is obviously uu-
fouuded.
I'ho msioritv sav ; "It is becauso
of the contompi with which, to tho shame 7. We nro not impressed by the argu
of our country, under the teaoliings of sla. mont of the majority that this proceeding
very, men have thu far regarded the f reeajtion, or extradition, is a soil at
rights of colored persons, tbnt court! Invo ooinmon law, and therefore falling wiilutj
boon willing for a moment if1 rocogniiu the constitutional provh-iou requiring a
the constitutional riyht to burl it humau trial by jury. It is a proceeding by vittuc
being iuto bondago without a trial by jury,
Had tho viotims boon, in point of fact
white, it is easy to bco that tho rule would
have been different. Hut it is obvious that,
under tho Constitution, tho rule must bo
tho same for all, who thor black or whito,"
Tu whioh wo answer : that the laws aro
not confined to persons of color, that is, to
negroes aud mulattocs, but ombraoo, "all
persons hold to service or labor under the
laws of a Statu." Tho majority iu another
part of their report statu that whito appren
tices havo bcon returned to their masters 1
uudcr thu laws in question, and doubtloss
under a just construction of litem ; and by
thoso parts of thoso laws which relate to
fugitives from justioe, whilo persons mer
ely accused of orimo in tho Stato from
which they flee aro to bo returned upon
oxecutive demand, aud without trial iu
tho States whero lleyaro found.
3, The majority aay : ''An it is for
tho public weal that thoro should bo an
ond of suits, so, by the consent of civilized
uations, these must bo instituted within
fixed limitations of time ; but this act,
of 1800,"J exalting Elavcry abovo oven
this praotioal principle of universal justice,
ordains proceedings against freedom with
out any refcrcnoo to lapsis of time."
To this we uuswer : that the right of
reclamation under the Constitution boiug 1
without limitation of time, it was not with
in, tho power of Congress to apply a olauso
of limitation to it.
4. Tha majority say : "Contrary to
tlio declarod purposo of tho frpmers of tho
Constitution, it sends tho fugitivu baek 'lit
tho publio expense'". Tha allusion hero
is to what oocurrcd in the constitutional
convention, August 23, 1787, whon it was
moved to require tugitive slaves and ser
vants ''to be delivorod up like criminals :"
to which Mr. Wilson objected, "booausoit
it? nit I rl a U 1 1 r tltA AYftfMititrn f tn m-isitn tr
do it at tho public expense'' that is, at
IT uUiu iUU V&.WUHU vw uvuv Jti-sh"
tuecxpenia of tho state. 1 ho lorm ot the I service- aim lanor uiu not relate to slaves, 1 ciamation laws, as now propoeeu, wouiu
proposition was subsequently modified, j because thoso statesmen, as members of bo unwise, untimely, aud unjust. That
and tho objection thus made by oae. mom- tho convention, would not havo assented to i tho grounds stated by tha majority ot tka
ber of tho convention has norolation totho a provision which included slaves. Wo I commlttuo upon whioh to placo tlio moas
ait of 1850, which imposes no cxponso contont ourselves with stating, in reply,' uro, aro insufficient, apperLre from the ex
upon a State. Tho expenses are borne by that all those distinguished men woro mem-1 aminatiou to which wo havo subjected
the claimant, or bv thu Unitad States. I hers of Congress in 1793, and tupimrlid . them. But further, it is clear that there
0
Tho majority further sav : "Addinir
mean uo
noss to this violation of the Coustitu-
tton.it bribes the o iinuiissioner, by a
..... . . .
uoublo leo. to pronounce against lrooilom.
If he dooms a man to slavery, tho reward is
ten dollars; but saving him to freedom,
his dole is live dollars. ' To this stato-
mo2t it may be answered : that thu pay of
the commissioner is simply proportioned i Mr. Mason, to show that they ooncurrod tho t,ubstitutiou of other appropriate un
to tho service perlorined, as is usual in re- in his opinion. What was said by Mr. actiuonts in their stead, would be a denial
lation to all officers who receive feos. No ! Webster was in sub:tanco this, that in his of tho right Usqlf, becauso it woiild deny
certificates or other papers aro to be issued j opinion it was a duty of tho Slates to do- what is uecessary to its exerciso. Thorn
to claimants when fugitives aro discharged, ' livct up fugitivos; but thero was not tho , would seem to be some vaguo notion ou
and theroforo tho compensation is loss. If slightest intimation by him or tho others ' turtained by the majority ilut this measure
thero wero any substance iu this small ob-
jectiou, tho law would bo oorrectod by
Congress without hesitation, upon appli-
oatioa made to it;
6. Tho majority insist oi muoh longtk,
that whero words havo a double intend -
mcnt, or aro ambiguous in their moauing,
that construction should bo given them
which is favorable to liborty, or least odi-
ous. Wo do not propose to imposch the
authority of tho several authors who ,nro
cited in confirmation of this doctrine, or
.tbodoetrino itself. But wo aro quite un-
able to perceive what applic.ttiou it has to
the sabject before us the construction of
tho Constitution and tho fugitivo Ir.w3.
Negro slaves arc persons held to service
and labor uudcr the laws of somo of our
States, and wo are net aware of any words
Which would moro certainly dosignato
them. It is truo that theso words describo
apprentices; but because thoy dcscrlb.0
them it docs not follow that we are at lib
erty to exclude slaves from their applica
tion. Theso words, as used in the Con
stitution, have no double intendment, and
are nqt ambiguous. Thoy exactly describo
negro ulaves, and it does not tlerogatu from
their clearness, propriety, or force that
thoy describe other persons also. Admit-
ting that thoy aro more extensive iu moau
ing than the word slaves, they Ftill con
tain the signification of that lurm.
Against the conclusion sought to be
drawn from verbal criticisms of tho ma-
l jority, stand opposed thu declarations of
mosu wuo mane, ami wore coniemporaue
ons with, tho making of the Constitution :
tho oloar lauguago ot the fugitivo act of
1703 and of other statutos ; tho decisions
of courts of tko Uuitsd States, authorized
to construe the Constitution ; and tho gen
eral understanding aud consent of the
country, whon tho Constitution was made
and subsequenjly. To whioh may bo ad
ded, as we think, the clear import, the
plsin meaning, of the language itself.
Slaves were mentioned in tho convention
in connexion with thia clause, as the ma.
jority themselves ohow, snd they woro al-
' so mentioned in such connexion in conven-
uocs not appiy io tuuin uecausw tust iau
L'untro used does uot Millie tntlv -!ic!aro tho
intention. This wo couccivu to bo a ru-
markablo argument that the Constituiion
is not to be taken iu tlio sense is which ii
was mado and adopted, ami, iu fact, acted
upon and applied by thu government, of
the United States, but according to some
strained and unnatural interpretation,
founded upon slight-verbal criticisms made
more that half a century aftsrwards ! Iu
this oaso wo do not know which to admiro
most, thu folly of tho proposition or tho
i exuberance cf bad faith winch it implies.
or a special provision of tho Constitution!
of tho United States, and, instead of in
volving or requiring a suit at law, is the
personal atsottion of a claim by au indi
vidual in his own right,
Judgo MoLcau says (10 Pclors, p. (1(37)
''both the Constitution and tho act of 1793
requiro tho fugitivo from labor to bo de
livered up on claim boing uudo by tho
party, or his agent, to whom tho service is
due. Not that a suit should be regularly
instituted. The prqoccdiiig authorised by
the law is summary and informal." Tho
pbjectors to our legislation upou tha sub
ject ot luinuvos wouiu no tuu last men in
the world to admit that, in the atiscnoa ot
the constitutional provision in question, a
claimant could onforce his claim to. tho
possession of his servant in a Stato to
which thesorvant hud fled, bcoauso the
oointnou law there oxistcd.
6. Tho majority mention "that, accor
ding to tho census, 'less than ono thousand
slavei csoapod during tho year ending
Juna 1, 1800.,' Wo aro not informed as
to tho accuracy of tho census upon this
subject j but, assuming its correctness, we
have to remark that tho number of fugi
tives who may osoapo when tho fugitive
acts aro in exietouoo docs not measure tuu
utility of tho laws. Bcoauso tho loss was
small, compared to thu wholo number of
slaves in the country, it does not follow
that these laws were unnecessary or iuop
erative. Their value does not consist so
much in returning fugitives who may o.v
capo as in deterring whito men from as
sistinc them to cseapo. Thorcfore.it (Iocs
not follow trom wliat is stated by tuo ma-1
iority that these lavrj tlioultl be repealed ,
upon the ground of inutility
0. Tho majority quoto declarations of
Olivor Ellsworth, Elbridgo Gerry, and
lioger Sherman, hostile to slavery, and
arnue thcrotrotu that tuo constitutional
clauso relating to persona escaping from
...--- " - - --
Wiefusitive slave act of that year !
j 10. The majority mako thu oxtraordi-
.....(.! x r mwr t .
Miary statement, mas wmio iur. easier
supporieu mo luguivo act oi ioou, "so
1 far a3 his personal authoiity could go ho
'condemned it as unconstitutional;" and a
citation is given to support that statumeut,
and citations lollow from Judge Hutler and
i uatucu, mat itic oiatC3 possosscu inc px.
1 c4tt;c power to legislate upou tho sub -
ject. They held that a duty was imposod
i upon the States, but they did not deny tho
! power of Congress, which i3 tho point in
1 question, Mr. Butler, the chairman of tho
Judiciary Committco,in a speech delivered
in' the Senate on the 19th ol April, 1800,
I insisted that tho powor was concurrent;
1 ond said, "iu tho position I havo taken 1
, stand sustained by Chief Justioo Taney,
' nd tho justices alluded, to, in tho Prigg
! caso, as well as by tho opinions of the
distinguished gontlomau, latoly a member
of this body, and now Secretary of State."
' And again, after quoting from an opinion
of Judgo Taney, inaintainingHhc doctrino of
j a concurrent power in the federal apd Slate
governments upon this subjest, ho said,
i "tuorc is tuo view oi sue omoi justice en -
tuoly in uoccrdr.ucc with tho ono uttered , of repeal !
tho other day by tho gentleman Mr. Web- ; Besides, it may be well worth smo lu
ster lately representing Massachusetts in quiry whether it is good policy to encour
this body." An illustration of Mr. But-j ago, invite, or oven allow, tliu inigr-Hiou
lor s view is furnished by the laws of Con- cf negroes northward, from those parts of
cress on thu subject of returuinz fugitives i the countrv where thev are most auitablr '
j from justice. It is the duty of the States
to which criminals floo to return them, but
the proceeding for their return is regulated
! by not of Congress
Lct it bo romcmbercd that whether tho
power in question bo coneurror.t, or exist
exclusively in tho Unitod States as held by
a majority of the judges of tho Supreme
Uourt, is ot no consequence in an investi
gation into tho validity of tho fugitivo slavo
laws. We mny add, that iu case of a
concuircut power, so far as it is exercised
by the tederal government, State action is
precluded, For the laws of tho United
Statos "aro the supremo law ol the land
11, Wo regret to perceive in tho ma-
jority report au appeal to prejudice, in tho ted to all proper measures for disoourai;
refereuce made to tho authors pf tho act of I ing and preventing his migration thither.
1550. It is said tho bill was reported to I Any polioy which leads to trie destruction
tho Senate by .Mr. Butler, of South Caro-1 of a raco created by the Almighty must,
Una, and tuo statement is stuctly truo
liut any goo.l reanon for now stating that
fact for public contemplation is uot mani
fest. Sonator Butler (now dead) was iu
1800 chairman of tho Judiciary Commit-
j too of tho Senate, and to that oommitteo
properly btlonged tho oousideration of such
u bill. 1 hat he should report it to the
Senato rms both natural aud proper. Nor
i doe
tu? fact that tlio bill was amended
upon motion ot ono of the scuators from
Virgiuia (sinco bngaged in revolt,) dosorvo
the prominence given.it by tho majority,
His subsequent misconduct can givo Ho
odious charaotor to tho enactment in ques
tion, unless we accept i principle of more
prejudice or antipathy as our standard cf
judgmont upou this subjoct, Virginia was
a border Stato of tho south ; sho sought
additional securities against loss and iu
jury in the escapo of her slaves ; her leg
islaturo passed resolutions on tho subject,
of reclamation, and it was quite appropri
ate that ouc of her senators should aot u
nroranient part in giving form to tlu bill.
But if uu i nc.s an- to bo mcutioued, these
1 laws of 1703 and 1050 have u sanction
which oau bo claimed for but few of our
statutes,
That of 1703 has to it tho hand of Geo,
Washington, aud thoro woro given for it
in Congress tho votes of Fislior Atria",
iVbraham Ualdwiu, Jonathan uayton.YYiu
FindlsyilliritlyaUeiry, Nathaniel Macon,
Fradertck A. WuUlontjcrg, iheodorooud
gwlek, and Thomas Sdmptor. Thoso nrc
names from the list of yets iu tho. House.
At tho same soisioti,Johti Iiaiigdon,Olivor
Ellsworth, Uogcr Sherman, Hufus Kmgf
Philemon Dickinson, George Head, Uob t
Morris, and James Mouroc, were ruouibets
of thoSeuatc.
Iu favor of the act of 19fl0, thero ure
priuoely names ol the second generation of
our stntcsrucii meu from the east, thn
west, aud the south tho very latohets of
whoso shoes thssu abolition petitioner;!
before us wore not worthy to unloose
Vor wo wcro not then left bare aud destitua
of greatness iu tho high places of power.
In that hour of peril and of passion, tho
republic possessed mcu of gtoat endow
ments, of established reputation and trietl
patriotism, who stood forward to save their
country from oonvulsion, and they acom
plished their purpose. Discord retired
bo ore them j fanaticism, socntiog bloo't
aud caruago in thu distance, was whippaal
back baffled to its retreats in tho north ;
southern revolt was uheoked and preven
ted, aud onco moro .tho Constitution and
tho laws were made to triumph over both
secret and open foes. The men who ac
complished all this, and at least secured
to their country ten additional year of
peace, aud growth and glory, gave their
support to this law. It constituted onu
of their moasures of udjustmcut, aud it
stands open to no just objection on account
of its origin.
Having now conoludod our observations
upon tho majority report, we hive to stato
j - j - - - - j - "
our couvietiou that tho repeal of tho re-
are citiaens of tho Uuited States, distribu-
j ted through may States, who ure entitled
. i i
to tlio tuit ana complete enjoyment ot a.
rigtu uuuer mo constitutional provision in
question. 10 tno enjoyment ol that right
thuso acts cf Oougross, or other act) stai
ilar to them iu purpose an 1 character, nro
mdispen3ablo, and tboir repoal, without
i is a blow auneu at the existinu renclltoo,
' But such is not its character. It applies
( itself to the extiugui-ihmaiit of remedies
, valuable this timuouly to men who havn
( refused to engage iu revolt, aud uan havo
' no effect in the so-called Confedotatei
j States, uules-t it be to inspirit rosistanea
! to our arms. Aud so far as it offends
thoso who support tho government of thu
1 Uuited States in this coutsst, its effect will
; be directly injurious to tho pufclic cause,
j . It was assorted by tlloso who organized
, the revolt against the Uuited Stato that
' it was the inteutiou of tho northorn States,
; actiug through this govoruniuut as well as
at home, to prevent ull execution of th
j constitutional provisiou for returuiug fugi
tives. Is it expedient that wo maku good
! this assertion, or give to it a coloring of
; tru'u, by enacting this proposed measure
placed, aud subject them to collision witti
' a superior race, uudcr conditions which
teud irresistibly to their corruption and
i ultimate destruction. Their physioal slrus-
turc aud characteristics donotc adaptation
to southern latitudes, and they are mis
1 placed when, as fugitives or emigrants,
they appear in tlio mirth, to undergo tho
competition, contempt and hostility of
superior laboring populations, uativu t i
tho soil or introduced from uorthcrn Eur
ope. Tho slructuro of socioty ,tlio clim ito,
and the industrial pursuits of the north,
are inimical to the welfare cr oven to thn
nrolouc?ed existence of the necro. and tin-
on his aceount our efforts should be diroo-
I beforo any tribunal in which tho moral
government of tha world is recognized, b
described as evil and criminal, and those
who support it can only avert just con
demnation from themselves by showing
that they act uudcr tho prcssuiu of diru
ucccssity, or aro ignorant of tho conseq
uences ot their conduot.
Hut tho policy is bad also with refer
ence to tho interests pf our own raco. It
is truo that a negro element of populatiou
in auy northern Statu will die out even
tually will bo extinguished by tho opera
tiou of uatural laws, as certain tn thus
which regulate, tho winds of.huaven, or
tho tides of the ocean unions accessions
continue to bo mado to it by immigration.
Hut duriug tho protracted process of
death, it is a most injurious aud pestilen
tial element to tho State. Despised, op.
pressed, hated ; ostraeissd from honorable
omploymoniB; hutted in tho purlieus of
cities .snd tho outskirts of towus, it oou
taiuiuatea tho social aud burdens tho pol
itical body iuto which it is intruded, uud
by which it ii to bo destroyed, And the
corruption it induces, thu debasqmeut of