J E 423 .G45 Copy I ^C eccco < ^c ccc<:c C CC ccc CC c c ccc •^«^.^ ccce G c X4 rcc^ CC CC c" .e CC<' /'C.CC^ ^<( /;^iucsic C CCC ccco zee <^'^ c <%c ^ ( €^ic< c:cv ^.fc^icc c:c-(s ^"'C^^CC C<^'^ _ eQ CC c c?^^: ji<(^.^L-c c^<<: e'<^c c. c CC_ CS^C CC ^cc^^c ^^ crc <^. ^^R ^ .^^ :^^ c^^^(g ^ C c Cx ^C^C CCC .<^c ccc^ ^^^ccc ^: CCjC^ :c c" c e -<: c<«s:^.c cos c c c ccr^ "^^ ^^e ■ C C' cc^ ^ c c C '^c CC€' OC V >^ axccc( c c c cC ^\ .C c=- cC c^ vc ■ '^ c^ c c ^c< OCC c v^-1 V c <1^-^ « _ CcCCCC cc C_ CCC c xc^Tcccccc "cc C CCL c ion. It was the curse of Heaven upon the 'States in which it existed."' So we say. It is a curse upon those States, but the curse is thnrs^ not ours, and we will not share in it. Your fugitive law shall not compel ns to share in it. Our fathers would not consent to be involved in its crimes — we will not. Mr. Gerry of Massachusetts said : " While we have nothing to do with slavery in the States, we should be careful to lend no sanction to it." Sir, we will lend no sanction to it, nor shall your fu- gitive law compel us to sanction it. Mr. Dickin- son " thought it a proper subject for the General Government to interfere with, as it pffrcf^d onr n.a- tioial //cjipiiitss.'' But Southern members resisted this proposition. They would give to the Federal Government no powers to interfere with slavery, for any purpose. But 1 desire to come more directly to the clause relating to fuoritive slaves. When the committee reported the draft of a Constitution, it contained the clause for the arrest a7id return of fugitives from justice, as it now stands. They were to be delivered up by the Executive of the State to which they should flee; and this was to be done, also, at the expense of such State. While this report was under consideration, Messrs. Butler and Pinckney of South Carolina moved to amend it so as to '■'• rffjuire fugitives^ slaves, and servants^ to he delivtr'.d vp iike criminals?^ Mr. Wilson of Pennsylvania said '• This would oblige the Executive to do it at the public e-xpenseP Mr. Sherman of Connecticut '-saw no more propriety in the public seizing and surrendering a fugitive slxve or servant than a korseP And on these suggestions Mr. Butler withdrew his prop- osition. These f.icts were recorded by Mr. Mad- ison ; and no stronger evidence could have been left of the intention of the framers of the Consti- tution to save the freemen of the North from all expense, and guilt, and disgrace, of arresting fu- gitive slaves. The clause for the return of fugi- tive slaves, as it now stands, was subsequently adopted, with the concurrence of Mr. Wilson and of Mr. Sherman. It provides, that the State to ■which the sl&ve flees shall not, by any law or regulation, release him from labor. " Non-inter- ference," between the master and slave, was their intention, their ulterior design. The last mem- ber of the sentence says of the slave, he " shall be delivered up on claim of the person to n-liom such ser- vice or labor may he dueP This language has been understood by some as rendering action necessary on the part of the people of the State to which the slave may have fled. This construction is opposed to the whole spirit of the Constitution. Every reader will see at once that such obligation is not imposed upon the Governor, nor upon the people of the State, nor upon any individual. The Supreme Court has given a cc«struction to this languiige which is in accordance with the in- tention and cl)ject of the framers of the Constitu- tion. We are to deliver up the fugitive slave as we deliver up our friends to the civil oihcer. We are bound to permit the master to arrest and carry back the slave, in the same manner that we permit the civil oflicer to seize our friends, under process, and take them to prison. And such was the law of 179.'"1 It followed the- Constitution. It saved the master from inter- ruption while pursuing his slave. It provided lines and penalties against any person who, dis- obeying the constitutional compact, should secrete or defend or rescue the slave. There the law of 1793stopped. Itwentno farther. It gave the master no process under the seal of your courts, by which to arrest hi.s slave. It commanded no officer of this Government to aid the master in making such ar- rest. No powers of this Government were prosti- tuted to such degrading purposes. " Nun-iidir- ference'"' between the master and slave was the rule by which that whole law was framed. And it is to the honor of the Supreme Court that, in their construction of the Constitution and of the law, they have carried out this view. They have adopted the very idea of Mr. Wilson and Mr. Sherman. They declare the right of the master to recapture his slave to be the same as his right to take his property which strays into a free State. They construe our duties, to deliver vp the fugi- tive slave, to be the same as to deliver up the stray horse. If the horse or the slave come among us, we permit the owner or master to take him. But in neither case can the owner or master call on us to catch the slave or the horse. Neither the law of 1793, nor the Constitution, contemplated the organization of Northern free- men into a constabulary force for catching ne- groes. Nor did it give the master a guard and assistance to carry back his slave at the expense of the nation. Such provisions could never have been approved by Washington, who signed the law of 1793, nor by his associates who had aided in framing the Constitution, and who also voted for that law. They understood their constitu- tional duties. All who read this message must see that the only interference with slavery which the President professes to deprecate, is that which tends to loosen the chains of bondage; he appears to have no objection to that interference which rivets them closer. Could he have believed that the intelligent freemen of the North would fail to de- tect the palpable contradiction between that por- tion of the Message which deprecates interference with slavery, and that which urges the continu- ance of this law, which wms enacted for the very purpose of interfering in support of that institu- tion? Could any interference have been more direct and palpable than that which makes it the duty of the deputy marshal or commissioner, under a heavy penalty, to exert his utmost powers to ar- rest the fugitive ' Which gives him authority to call the whole power of the State to assist him ? Which " commands all good citizens to aid and assist in the prompt''' arrest and return of the trembling slave ? This interference the Pre-ident approves. It rivets tighter the chains of bondage, while we are all aware that he disapproved our efforts to exclude slavery from the free territory of New Mexico. But this law goes farther ; it not only attempts to strike down God's law, which com- mands us '-to feed the hungry." but it attempts to convert every freeman of the North into a savage. If a fugitive from oppression reaches my door amid the ragings of the storm, half clad, and be- numbed with cold, fainting, and weary, sick and in distress, and asks to warm himself by my fire, this law interferes, and forbids me. under heavy pains and penalties, to comply with his request. If I obey the law. I must drive him from my door to perish with hunger and cold. If I receive him to my habitation, warm him by my fire — if I feed him, and give him driuk. and restore him. so that he pursues his journey and escapes, I am subjected, under, this law, to a fine of one thousand dollars and to six months' imprisonment. This law the President npproif.s. and advises ua to coiiiin-te in force. This practice he sustains, and asks us to uphold. I reply, in his own language; '•^ Entry dtizfu mho truly loves the Covstilution will resolutely and firmly resist" the interference which this laro enjoins. Sir, our people will continue to feed the hun- gry, to clothe the naked, to visit the sick, and to relieve the oppressed; and no interference of this fugitive law will prevent this compliance with the dictates of our religion, with that law which came from God himself, and which no enactment cf slaveholders and doughfaces can repeal or nullify. I speak for no one but myself and constituents ; others will choose whether to obey God or the oppressors of mankind ; but aa for us, we will obey that higher law of kindness, benevolence, and humanity, which was implanted in the breast of every human being, and written upon the hearts and consciences of mankind, by the finger of our Creator. Mr. Chairman, the doctrine of "Non-inter- ference with Slavery," laid down by the Presi- dent, is at war with every provision of this fugi- tive law. If we maintain that doctrine, this law must remain a dead letter upon our statute book. He who sustains this doctrine must disobey the law ; for the Constitution and this law are antago- nisms — at war with each other. If we adhere to one. we must discard the other. My constituents will maintain the Constitution, while they will hold this law in contempt. Sir, from the adoption of the Constitution until lS41,neverwa8 this doc- trine of " non-interference between master and slave" denied by the Executive. At that time, the present Secretary of State, in a correspondence with our Minister at London, substantially avowed it to be the duty of this Government to protect Southern slave-dealers while pursuing their vocation, This dootrine, coming from a Massachusetts man, inspired his successor (Mr. Upshur) to maintain the same principles, while advocating the annexation of Texas in 1843. Up to 1841, 1 repeat that "non-interference between master and slave " was the doctrine of the North and of the South, of Whigs and of Democrats. It is true that our slaveholding Presidents at times lent their powers siltntJy to uphold slavery ; but no officer of Government t\eT avon-nd it the duty of Congress, or the Executive, thus to in- terfere, until the present Secretary of State put forth that construction in 184 1. I repeat that, from the day of adopting the Constitution until A. D 1841, the doctrine of '■ non-interference with slavery in the States'' was never denied, to my knowledge, by any public man of this nation ; and no member of this body ever attempted to overthrow it by argument, until the last session of Congress. To the gentleman from Georgia, [Mr. Toombs.] not now in his seat, belongs the honor of being the member of this House who boldly and publicly demanded that the powers and energies of this Government should 1 e pros- tituted to the support of slavery. The President and his Cabinet may adopt this new theory — but the People of the North will repudiate it. The Message further says ; '• T/i". Inw is the only sure protection cf the ir-.dh, mid the only efficient re- straint npon the stron^^^ This, sir, is said with di- rect reference to this fugitive slave law, to induce the People to execute it. It woul.l seem that the President intended to see how fir h*» could impose upon the intelligence of the public. Sir, what protection docs this law lend to the poor, weak, opprestcd, degraded slave, whose fle.sh has often quivered under the lash of his inhuman owner, whose youth has been spent in labor for another, whose intellect has been nearly blotted out? "When he seeks an asylum in a land of freedom, this worse than barbarous law sends the officers of Government to chase him down — :o carry him back to chains and sutfering. The People are constrained to become his pursuer.^. Famishing and fainting, he drags his weary limbs forward, while the whole power of the Government under the President's command, the army and navy, and all the freemen of the land, are on his track, to drag him back to bondage, under this law. And this law, the President tells us, is the only sure protection to that miserable slave. Does the Presi- dent intend to insult our intelligence? Or did he mean to insert in this grave document a satire upon this barbarous law ? Sir, there is not a man in this body, there is not an intelligent man in the free States, but knows, if he delivers a fugitive into the custody of his pursuers, that he will be carried back and sold to the far South ; and, ordinarily, his life will be sacrificed in five years, if employed on the sugar plantations, and in seven years on the cot- ton plantations. The men of the North look up- on this as murder, and would as soon turn out and cut the throat of the defenceless negro as to send him back to be scourged to d^ath. As soon would they do this as comply with a law which violates every principle of huoianity.and consigns the fugitive to a lingering death by a slow torture of five or seven years. The common law holds him who aids in a murder as guiltj' as he who strikes the knife to the heart of the victim. Un- der our law, a man is hanged if he fails to pre- vent a murder when it is plainly within his power to do so. Such a man is held guilty of the act, and he is hanged accordingly. And will any one suppose that he who assists in arresting and sending a fugitive slave to tor- ture and death, will be less guilty than he under whose lash the victim expires? Sir, I have compared this capture of a fugitive to a common murder. In doing that I do injustice to the common murderer. To c-ipture a slave and send him to the South to die under a torture of five years, is far more criminal than ordinary mur- der, inasmuch as it adds the guilt of torture to the crime of murder. Sir. we will not commit this crime. Let me say to the President, no power of Government can compel us to involve ourselves in such guilt. No! The freemen of Ohio will never turn out to chase the jianting fugitive — they will never be meta- morphosed into bloodhounds, to track him to his « hiding-place, and seize and drag him out, and de- liver him to his tormentors. They may be shot 6 down ; the C'lnnon and bayonet and sword may do their work upon them ; they may drown the fugitives in the blood of freemen ; but never will freemen stoop to the degradation of catching slaves. Let no man tell me there is not a higher law than this fugitive bill. We feel there is a law of right, a law of justice, of freedom, implanted in the breast of every intelligent human being, that bids him look with scorn upon this miscalled law. Sir, 1 was about to make some comparisons, but perhaps they may be regarded as indelicate. I, however, shall not hesitate to speak truth. Dur- ing last summer, two distinguished gentlemen of the same name occupied much of the public atten- tion. One was said to have committed murder, and the other to have procured the passage of this law. One was hanged for his crime; the other, for his eiforts, taken to the Executive Cabinet. One destroyed the life of an individual, the other contributed his influence for the passage of this law, which, if executed, must consign hundreds, perhaps thous^^inds, to premature graves. I, sir, cannot speak for others ; but for myself, I would rather meet my final Judge with the guilt of him who has gone to his last account resting upon my soul, than that of him who sits in yonder Cabinet. Sir, do you, or does any one, conceive that it is less criminal to take the life of one of those fugi- tives than it would be to slay any other individual ? Is not he who gives his voice and influence from yonder Cabinet, for the murder of those people, a^ gailfy as he would be to lend his voice and influ- ence for the murder of others ? kShall men in high stations, from ambitious, from corrupt mo- tives, lend themselvrs to the degradation, the de- struction, of hundreds, nay, thousands, of human beings, and yet be shielded from animadversion by their political position ? Has it come to this, that place and power are to be regarded as exempting their occupants from moral guilt, from responsi- bility both here and hereafter ? An idea appears to exist in some minds, that obedience to an act of Congress, however criminal that act may be, cannot involve the person who thus obeys the law in any moral guilt. In other words, they appear to tbink that if under this Fugitive Law they drive the fami.shing slave from their doors to perish with cold and hunger, or if they seize him, place the fetters upon his limbs, and drag him to bondage to be miissacred under the lash, to be murdered by slow torture, they will, when called to their final account, ylead this enactimnt in bar o/'O.'wnipotemt Jt sttce. That kind of theology 1 leave to those teach- ers who preach sermons and write pamphlets and newspaper essays in defence of this law — to those divines who hold that we, the memhers of Con- gress, possess the power to step betAveen God and our fellow-creatures, and authorize them to disre- gard His command and to commit crimes at which all the feelings of our nature revolt. Such teach- ings may have been received as orthodox in the tiinth, but they will be rejec'ed in the nimteenth century. Why, sir, no man, not even the slaveholders, will deny that the fugitive himself has the same natural and inalienable right to his liberty that either of us possess ; that it is his duty to main- tain and defend that right whenever it shall be in his power to do so : that it is his duty to escape if he can ; that if while making his way to a land of freedom the master interpose, and he has no other possible way of escape than to slay his mas- ter, he is bound by every obligation to himself and his oflspring to resort to that extremity. He has no right tamely to surrender up the liberty with which God h:is endowed him, and to con- sign his offspring in all coming time to degrading servitude. Our people so advise the fugitives : and the fugitives are generally armed, and prepared to receive their pursuers; and I am informed that one of them, when hard pressed recently, shot one of those human bloodhounds dead, and wounded another, and then went on his way. Sir, we nil fed tJiat he did right — that 7ve would have clone the same thing had we been in his situation. Some months since, there were said to hi fifteen thousand fugitives from labor within the free States, including men, women, and children ; many of them were born and educated among us. These men with their^wlves and their little ones were in the enjoyment of domestic life. Most of them had acquired or were in the way of ob- taining suilicieat real and personal property to insure them the neces.sarie.s, and even mauy of the luxuries, of life. They were educating their chil- dren, nnd becoming intelligent and useful members of community. Many of them belonged to our va- rious churches, and maintained an orderly and Christian deportment. Against these inoffensive people, the President and Congress have waged a barbarous and unre- lenting war. We have required our officers and the frtemen of the North, when called on, to seize them ; to drag them from their firesides, their hones, their friends, their schools and churches, their lands, and their flocks and herds ; to sepa- rate husbands and wives, parents and children, and consign them indiscriminately to all the hor- rors of slavery and of the slave trade. I hesitate not to say that for its barbarity that law is un- equalled in the history of civilized legislation. Is there a reflecting man who will pretend that this barbarous enactment imposes upon those })eople any moral duty to obey it? Will preachers of righteousness tell them to submit, to let the slave dealer rivet the chains upon the father, tear the mother from her children, and doom her to a life of wretchedness? Will such preachers advise the daughter peacefnlhj to surrender herself into the hands of slave-hunters, and submit to a life of pollution and shame? And will such men be called promoters of holiness and purity ? I trust there ore few such teachers in this American land. Sir, .ill good men must detest this law. God has no attribute which will permit him to look upon it except with abhorrence. Yet the President assures us that it ought not to be repealed ; that it should be kept in force : that these outrages should and ought to continue ; that he regards this law as a final settlement of the slave ([uestion ; and that it is wrong further to agitate the subject. Vain advice. Agitation will never cease until the law ceases. While such crimes are authorized by statuie, the Amer- ican people will not keep silence. The President, referring to the bill surrender- ing to Texas and to slavery fifty thousand square miles of free territory, atid paying her trn millions of dollars, and that allowing slavery to be exteiided over ]^qw Mexico and Utah, and to this Fugitive Law, says : '•' I believed those measures to have been necessary, and required by the circumstiuices and condition of the country" I rejoice, Mr. Chairman, thit he has boldly avowed this f.iot. Nearly the whole North be- lieved that he was in heart and conscience oppos- ed to this bill. Almost every Whig press in the North said plainly that the President did not favor this bill, but that he was coerced — that he signed it by compulsion. Th.it it was the Whig doctrine concerning the veto that compelled him to sign it. The President's views are now before the country, and he avows his position tnanfully. He places himself upon this law ; and here I wish to say to the House, that from this time we all know where the President is. He is in favor of con- timij/!^' t//is lam ; he not only places himself there, but his Adminstration and his party must stand or fail by this law. I rejoice at it ! They must sink or swim, live or die, stand or fall, with this enactment. We now know where to find the sup- porters of slavery and the advocates of freedom. Every man throughout the whole country, at the North and South, may now take his position, knowingly, with a hill knowledge of the charac- ter of the party with whom he acts. Those that support this law must consent to obey it and to enforce it, to the letter. There is no lingering doubt, no difficulty, no obscurity^ resting on the party who supports this Administration. All the Whigs throughout the country, (and I speak it with some degree of feel- ing, for I once had the plea,sure of acting with them, when they had principles ; then we avowed and acted ujion the doctrines I have stated to- day) — all the Whigs throughout the country must now feel that their unity is gone. They see that the party has departed from its doctrines and principles, and has descended, step by step, from its former position, until the remnant has literal- ly become a slave-catching party. The President informs us that these measures " were adopted in a spirit of conciliation, and for the purpose of conciliation." "I believe," says he, '' that a great majority of our fellow-citizens sympathize in that spirit and that purpose, and in the main approve it." Sir, where does the President find this evidence of approval in the popular mind ? Does he draw h'u conclusions from the result of the elections in Delaware. New Jersey, or Ohio ? That third State of the Union has separated itself forever from all men and all parties who would involve our people in the support of sla- very, or degrade them by sustaining your Fugi- tive Law. Does the President find consolation in the voice of the "Peninsular Scate." as lately expressed through the ballot box ? Or can he take pleasure in referring to the election in Wiscon- sin, or when he examines the result of those measures in his own State ? Or has the demon- strations in Massachusetts inspired him with confiienca that the popular mind is in favor of this law ? Methinks that ftfl he looks over the newly made graves of his political friends, and counts their number, and reflects upon that political cholera which has cut down so many of his supporters and advocates of this law, he might have doubted its popularity. Many gentlemen in this Hall, •who so boldly stood forth in the pride of their political manhood a few months since, and voted for these measures, are now doomed to a speedy departure, and the plnces that now know them, shall know them (politically) no more. To those gentlemen the language of the President can bring but poor consolation. The public meetings of the people of all parties throughout the free States, the spirited resolu- tions which they have sent forth, are but feeble manifestations of the popular mind. Throughout the North, where free schools have been encour- aged, and education has become general, where newspapers circulite and intelligence is dissemi- nated, there public sentiment is loud in condem- nation of this li'W. This feeling is increasing and extending, and rolling forward and gaining streuth and impetus, and will continue to do so until that law shall be repealed and numbered among the thing.s that were. Sir, if the President will look at the statute lately enacted by the Whigs of Vermont, he will be able clearly to read the '■^ hand writ in g upon the ■h'allP The people have weiched this law in the balance, and it is found wanting. Near the close of his Message, the President says : " I c'.nnot doubt that the American people, bound together by kindred blood and common traditions, still clierish a paramount regard for the Union of their fathers ; and that they are ready to rebuke any attempt to violate its integ- rity, to disturb the compromises on which it is b;ised, or to resist the laws which have been enact- ed under its authority." As to the " Union of our fathers, I venerate it. There is something pleasing and solimn in the recollection of that Union — in the history of its formation, and the difficulties and dangers which surrounded it. But it is now nearly half a centu- ry since that Union ceased to exist. The pros- pect of commercial advantages induced us to aban- don it, and form a new one with Louisiana. Then, sir, we abandoned it, and took Florida to our em- brace. Then, to extend and perpetuate slavery, we abandoned that Union, and brought in slave- holding Texas, assuming her war, and carrying devastation, rapine, and bloodshed, to the heart of Mexico, in order to extend slavery. And, to cap the climax, you have passed this fugitive law, and made the citizens of Ohio and of all the free States the c itchpolls to Texan slave-hunters. It is not to be disguised that the people of the free States feel less attachm.ent to Texas than they did to the old thirteen States. We are not bound to them by common traditions. The Mex- icans and Spaniards and other foreigners of that State shared not in the toils nor the dangers of our Revolution, nor in those of our second war of Independence. The arrogant and supercilious manner in which Texas threatened to drive our army from New Mexico, and to dissolve the Union, has not served to strengthen the cords of affection which should have bound us together. But neither the President nor any other person will charge the North with disloyalty to the Union. But that portion of the sentence just quoted, which refers to the " attempts to disturb its compromise?," was intended to refer to those political friends with whom I act. Sir, those compromises left us entirely free from the support of slavery. By the passage of this fugitive law, those compromises have been dis- turbed, and thf3 people of the North involved in the degradation and guilt of sustaining slavery ; and, sir, in the language of the Preoident, "they are ready to rebuke'' those who have thus dis- turbed the compromises — and they will rebuke them. Our people, too, will resist by every con- stitutional meuns the execution of that law. This practice of attempting to sanctify every enormity in legislation by referring to the '• Union of our fuih'.rsy Yx;\8 become very common among a certain class of politicans; but I did not expect to meet with it in the Message of the President. It does not comport with the dignity of such a paper, it is almost as much out of place as it would be to appeal to the loyalty which our fa- thers anciently bore to the British crown. The Union of our fathers was adopted as the best means of preserviog the liberties, and promo- ting the happiuess of the people. It was abandon- ed for the same purpose. Even our Union with Texas was framed for that avowed object. A ma- jority of Congress thought and believed that it would increase the wealth and the happiness of the people. For the same purpose we waged a war with Mexico, and conquered another vast territory, and brought another State into the Union. The Union now existing will be retained 80 long as the great mass of the people shall re- gard it as conducive to their interests and happi- ness. Yet, whenever they shall be convinced that it subserves the cause of oppression, that it has become an instrument for degrading themselves, another revolution will take place, and they will lay it aside, as our fathers did their union with England. They feel as the patriots of that day felt, that " whenever any form of Goverament shall fail to sustain the self-evident truth that all men were created equal, and are eiUkled to the enjoy- ment ofhfe and libtrty^'' it is the right of the peo- ple to lay it aside, and to '-adopt a new form of Government, basing its action upon such princi- ples as shall best promote their interests and hap- piness." But this cry of " danger to the Union" is be- coming understood by the people. 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