Newspapers / The Weekly Raleigh Register … / April 10, 1850, edition 1 / Page 2
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' ' ' ' . !"';':' v I 'i v - - -j .- 1 i ei ' --- -r i i &Htev- SPEECH ; iu:r-:'0 1 n K It -NTMr, PreWeU ' ,.. w hold i.t.. ..m remleinen, " ,M lions! obli- themselves bound i subject ' Tt Aihr daf re lwr . kmm to be ihould not m rvi r hr In -L..Mitfinf my .. Ll-Z" mr lim he hai ao- d here the opin,M N. Yw1 "' co ,crd can be reit.red be :br'oftbl,e v"""- r Aiipa are Mid epdi bi 4 frM Mhieverto be required, except before trtbu Si Ind goodUtliei they irill feel bou' j ,iai authorised to make a final determination kSSud among ; not among jo. ; Loyalty. pEita. w treaetbu debet, just h ils Mrf,ce : apUador hbI b power 0 f a " . objMt. W umished with here and thare y r rne ..Wt eannnoMn oo JZ, ,pther . fkai that w. defy -U km" nlrwUe, and urMlrM Yoa oehere .nd hint ; debtle?.1ywf,he..rh;co;8Cceof ot,4na eaionfs . . ug. Do we, ! . and iU Uti .of "tl0nJ Voa unreasonable ! lheinthis)nfldemndofToaanu thiol in -WjVfcJii.WS that can and will etercise Dun p scinga- cape, yo will be " V I ong , a. -uch yo a jU jog- P.ghts ! SK " if 52 1 wm 'hi.Uwexecuted.youmu.t lU.iate,ttnot increase, ifs rigo JK-KweS4!TO wh-vi 'regwCS oar aathoriry o,er the doma.n, and dTweiito the aama and noble parpoae 0 Now r. here is a distinct nnnoyncement inipoa l tible to'be misondersfood. tht, though the person, f for whom the senator apeks, rewrence the coostitu Uen, yet they consider a law for the snrrender of fntitire slaves, passed in pnrsnanee of the constitu tion, as a Tiolation of the constitution and at 1 immor al I Here is a distinct announcement that they con aider it as discharge of the high duties of hospital ity when they recede our fugitire alaTes, entertun them, and withhold them from oa- Here is an open v and direct encouragement on the part of the senator y from New York (Mr. Seward) for alaes to escape to the freemen of the North, and for northern frte nentoaid them in escaping. He assumes, then, that all will be receded with open arms, and that the freemen of the North will therefore be consider d as having discharged the high duij of hospitality. Nor, air, if that is the case, how perfectly idle ta it tor gentlemen to talk about respecting the constitu tion f He who obeya the constitution only in what be thinks right, does not obey it at all be but fol Iowa hit own inclination ; and he who, having taken an oath to support the constitution, refuses to obey it booms he thinks there is some ''law above the enstitntion" which forbids slavery, places himself In the earn position taking for his guide his own individual judgment and opinion, above and agiinst the constitution, which ho can rightfully do only af ter surrendering the office ke holds, and which he holds oa the condition which that oath implies and tatitiuta ta mnfarca. Hera. air. is kev to ODeu the snind of-f he poblio to the honorable seMtor'a bill Hie purpose is to extend hospitality to fugitive tlavta - He announces it to be immorality to ear render them ; and he then comes here and present a amendment to the bill for the delivery up of fu gitive slitvcs, hich, of course, must be intended to eajrry at the views which be has announced upon this subject. Such a position k indefensible it is immoral. Talk about morality I Immoral for a saan to bold a alave! Immoral for a man to do what the associates of Paul, and Jamea and John did ! Immoral for a man to do what ibe wiaest and best men that ever lived upon earth have done ; and not immoral to open your arms, contrary to the e -press atipulations of the constitution, to the fugitive alaves of yonr neighbor, to receive them, protect them, and throw around ibera such contrivnrcet for Baking tbeir escape effecn&l as no ingenuity shall be able to disentange, and at the same time to taunt him with the declaration, u von are made roar own police officer I I have arid, Mr. President, if these conswiuwiiu. ---- . . -'5ni. .,) deflUrJ mi bi common ana muiwu -- ,, that soch fugitiveaehall be surrendered. Vhfr, e.r. any other doctrine nap the found., tion of -ocietr . The principles off th. ,ie84tor from New York render! it i.npoaetWw te t?oai.t ipon the execution of any law. The edge pon Uebenr.h roar y. when called lip'0 Pr nounee judgement, that the act of tSe legialature Which it if hm dutr to enforce, transcends 1 some ,orl ohUffatl.Hinmpbel on him by the law ol Gid ' He may aiy. I think the punishment im moral : law of the opinion that no n(fi;m-.e oughi to be puniehed: with death. What i. he to be. tceordmi to The doetrine ;putfotih by the the honorable senator. from New York, (Mr toe ward!) I conceite clearly what he ought to do either to pronounce eeiitence according. to the law which he bae . bound hur.aelf by path to.ei cuie. or to resign hie office. But acordine; to the viws put forth by the bnorabe eenator from New York, he might continue to hold the o,ffice, and appeal from the Jaw of the land to the law of God. and yet claim to be-a loyal subject of the State and a faithful admintytrat.M- ff the lawa of hie country, yet leaving a Uw unexecuted while he hotde hie place and receives hie eilary. Thee pirncipleo destroy the foundations of all law and juatice They jive ue a fanatical .nd wild no tion, that every man in ciriltxed jaociely has a rijiht as aeitixen to make his own judgment a rule of conduct paramount to and oyer ruling the law of his country. ' . . Now, Mr. President, as I hare said, no gentle ian who admits the obligation of the constitution,! who admits the obligation of this article of the constitution in relation to fugitive slaves, can deny the implied, irresistibly following obligation to car ry it into execution, just exactly with the same fi delity, good faith, and promptitude as. though it A.intmnt9twl what, in hi a view, is the most uesi- rohio ,.hvMt in th world. This is the duty. He is to execute this great fundamental law faithful ly. It the law to him. He swears .to be a good and obedient servant to that law, and he has no right to render a less effectual obedience because he disapproves of the object of this particular part of this constitution.. i .. 1 Therefore, I have submitted these observations to show that, according to the frame of the con stitution, and according to the construction put nnon it bv those who aided in ils formation adop ted with remarkable unanimity in polh houses of Congress this is not a case ior trial by jury, out a case for a preliminary investigation before a magistrate, under prompt summary examination, upon affidida'vit or trial testimony, as the case may be to be followed by delivering; up the fugi tive, upon a prima facie case made to the satisfac tion of the officer who has proper (jurisdiction of the question 1 Mr. President, with an effectual provision upon this subject of fugitive slaves, I look for a complete and entire execution of that law in every State of the Union, as well at the North as at the South. I count upon it with the utmost confidence from the sense of justice and constitutional loyalty of the peo pie. The next question is, as toj the Wilmot Proviso. I shall not agitate the (question. I have not much to say about it. I shall now yield to the motion to adjourn. On Tuesday, Mr. Badger Uumed and concluded hit remarks, as follows : Mr. President: In saying, sir, that there delivery of fugitive slaves is subject to the same rules as the surrender of fugitives from jus. ice, and was so treated by the constitu tion, and by the framera of the act of 1793. I did not, of course, intend o say that the cases were, in all respects, in all subordinate particulars, identical with each other, but that they depended.upon the same general principles, and were liable according to the view of the framers of the constitution and of that act, to a similar mode of proceeding, and that a claim for the return- of a fugitive of either class was not to be submitted to the dccisionof a jury. Nor when 1 said that it was a case to be determined upon prima fa cie evidence, did 1 mean, that it was to be de cided upon slight suspicions or remote proba bility. I meant this : that it Was not a case to be determined upon what u called tech nically full proof, or that amount and strin gency of evidence upon which a final judg ment passe k, concluding the whole matterof right; and I mean, sir, to say that to require such proof would be inconsistent with the whole of our legal notions, and the practice ot all our judicial tribunals. Juries are nev are the sentiments Imd feelings of the people of the j er empannelled to pass upon! a question of North, generally if the senator from New York. (Mr. Seward) knows and freely expresses their pinions and purposes it is iraposnble harmony can BO restored and the Union preserved. For one. air. though by no means extreme npon this subject -auiie the contrary I have no hesitation in d Ing, if this is the general sense and beliefif this m , the eoae or inomis if this is the feeling of intetri T ty which influences our northern fellow-eiiixen. di. , reetly or indirectly, to set aside constitutional obli - , rations, and deprive us of the property which we -bold if this is the purpose that is to be carried out, It b scarcely desirable that we ahould remain in the - v uiob. r or wan apes mat state or things imply ? It implies this; that the States are associated to gether under a common constitution, binding them to discharge towards each other certain An,;. ... cording to the terms of the constitution: and vet ay to us, " We intend to discharge the amount of auiy lowarus you mat we please; for we reseve to ourselves the right of deciding when anything re- y.r v. u. uppwu OT moral .obligations, and. naviug aecmei. to refuse it( performance, while ws hold you to the discharge of every obligation im- mvwcn uj i no ,eer aim apiril Of tbe 0 institution now coma onr connexion oe ion mi in .int ., u. this state of things, with uo public faith, no sense of priTe oonganoo, on ine one side to induce, and no p-w.ron ine omerxo compel, the performance of utioDBi anues i w e snoula be left in a con f dition not only dtstractinjr, but dangerous to our present rights whilst political immorality, bad faith would render our future insecure, worthless. No ,...B, .., snca eircumsrances, could keen ns to- t w" ef l art- itn. -T.: r'T"," un,,ea'.,r an. not from t;: ;;:Ar7' u.r rom rn eeiy-rs aw in our eonnoTinn k... t - lura iiwir aaear . Zr&:rr. .V": "r u,u" 01 "e nohern peonle s-en he Union thejrhold .rally, or the people of . 71 I believe they repudiate his aanilmJL-J.V " hmvw morally and consdentTon und v ft:,?!tefJ''k,11-' IbeSethi, , w.n mmi mui iu entorce anv i w .lu r ay pa npo this -llXEgPS some gentleman here who have said "Pf-! .1 we will it will not beexeoutS!' i'ET different op n.on-a totally d.fferent opiin tK UW BIT fail Of Htaill ion in . s? "l0n' lM law doe lu iUttSZZSl idice. foree tnav navhan. . ' u,"" PeJ- -Jifar results'; but I ttbTTugi' ed by Congress will be a faithfully andVenarS executed in the New England 8tafM pon our statute book. asany law Vv' Vk" ..men. " '! understand that. eniwiam an opinion that a Uw ia wronir. ret as a e iien. tl... It: ww m to enforce it, to kct upon Jndgment of.t, meritsluet a. they wo.tdu.deVS .th a: that if one were under sentence of oStflSair opinion that the law wa. barb,rou. .n!l ,!.L:!ir j vrwaa-a noa thoo wi.A -.il u .- - ro mem, out verm k. ...n . . ""eve ineee are man v Of e people .i. .hJri t wwwiwbj ituucr Tes, eir. I I.Tk. r 7, l"! or'W'ea slaves. k: th. int.m 1? tho patriot InteritT illV IV" "d .tern The, will ,hSt.h:,"J-?r?le,M,n h ioeoncern of theirs; that if to n,. T.. not." ' ' ia u it wre wrong right between parties, except when the de termination of that right and the judgment louowing upon it are to oe a Decisive seiue- ment of the questions at issue. Nothing, in my judgment, could be more absurd- meaning by that term, utterly inconsistent with alL our legal notions and; modes ot pro cedure- than to say that a question should be determined bv a iurv in the State of New York or the State of New Hampshire, and a judgment passed upon that . determination, and immediately afterwards! be made the subject of re-examination between the same parties in another jurisdiction, where what had been so determined would not be ad mitted, and ought not to be admitted, as ever prima facie evidence of the truth. The trt . aeana.t bu at proposed by tne amended out 01 me honorable Senator from Virginia (Mr. Mason) is fair, just, and adequate. It consists o commissioners aDDointed bv? the courtt o iuitice, by iudzes separated from all the ordi- m w a f . .1 nary influences, whicn may pervert, tne judg ments of men ; and because selected by and amedable to such judges, the- commission ers themselves will be removed from tuch influences The judges themselves hoi their offices by an independent tenure, arid have a compensation beyond , the reach; of executive oelegislattve power . Judges liv mg in the free states cannot be supposed to have any unfair bias against the claimants of a r a a freedom, and may saieiy be trusted witn the selection pi commissioners. jnesecommis sioners are not required to give) judgment ac cording to the mere facts, as sworn m an af fidavit, nor are they bound by the form and appearahce of any technical evidence. They are to hear and determine the question in a summary way it is true, but; still to hear and determine not upon ex parte evidence, not according to affidavits in a prescribed form but upon all the evidence submitted! by both the partiei. The evidence is to be di rected to the three important facts in ques- - i i . . . tion Has he actually come fromjthe State whose citizen claims to have him j surrendered ? In the next place, the question is to be exam- ucu anu ucvermmea, aoes tne person so claimed owe service or labor in th Stf from which he has fled ? In the third place is that service or labor which he owe due to him who makes this claim? -Upon the es tablishment of these facts to the satisfaction of the commissioner, the Surrender ! tn h made. It is not, therefore, the ordinary case. lne surrender is not made UDon that Hotp r-A u:-i , ... re - v ..uuvc uu wuiku uuc caar?ea Wltn Prima i i . may De arresiea and bound over for trial.. or in purpose even prima facie evident is not required, but reasonable ground of sus picion is enoush. - l . I - -. ,.- .: Here prima facie evidence' seems properly to be called for, and under the bill will K required. But full proof ! is not andlought not to be demanded. So jar as I know it is, ed enactment it, therefore, a well considered and scell-guarded provision, preventing, as far at human foresight can prevent it, all reasonable apprehension pt injustice, fraud, or oppression i It is certainly free from the objection raised rf by the honorable Senator Hamnshire ( Mr. Hale,) that under its operation, a resident person, a citizen of one of the nortnera states, migm ue- sciac and transferred to the South, as one held to service and labor there. If a resident or cit izen, hi residence orcitizenshipmust be cap-; able of easy proof before the commissioner who is to hear and consider all the evidence. This bill is by no means so liable to misap plication to improper purposes as the con ventions for the extradition of criminals be tween the United States and foreign countries. See, sir, how easily more easily, certainly, than ! this bill these extradition treaties mighi be used for purposes fof which they were never designed. In the treaty between Great Britain and the United States, one of the offences forjvhich a fugitive is to be delivered up in an assault with intentto murder.-! Now, we know that, according to the law of that country, as- well as our own, an assault made UDon a public officer while in the discharge of his public duties, if inten ded to produce death, or likely to produce death, is deemed-, an assault with intent to murder. Suppose, then, that in these politi cal excitements that are continually agitating the popular mind in Ireland the people of Ireland seeking after what they demanded as justice from the British government, what Great Britain refuses to grant them, denying it to be justice there should be committed an assault upon a public officer, charged with the execution of the laws, by an insn mal content, who should make his escape to this country ; and suppose that he is reclaimed upon an affidavit, sworn in Ireland, charging him withlhe offence ; under the treaty, and the law to carry it into execution, he must be surrendered. And, when carried oacic under this charge, what hinders his being put upon trial for a political offence, to which his government never would nave consent ed to extend it ? I consider, therefore, Mr. President, that the amendment which the honorable senator rom Virginia (Mr. Mason) proposes to intro- J duce as a substitute for that reported by the j udiciary Committee, is, in it general scope and provisions, free entirely from objection. If there are any amendments in matters ot detail which it may seem to require, they can easily be ingrafted upon it And permit me while I am upon that subject, to say as l think I can say with confidence not only for myself, but for every senator from the south, that if there can be any portion of that bill table to just or reasonable exception, likely to give opportunity for any successful fraud to entrap any person who is now free into a state of bondage, or to give encouragement or assistance to kidnappers, we will not only gladly support but shall be prompt to propose every proper amendment. Neither we nor our constituents desire aught butwhat justly belongs to us. We wish a bill which will insure the return of our slaves, and not en danger the rights of freemen. And we look with horror npon every contrivance or attempt to bring to the condition of a slave, any mr who is now free- ,. Yes, sir, and I will say, after a practice of more than thirty years at th.e bar in a slave holding State, that I have never known an instance that I have never heard of an in stance in which an action was brought by a black man against his supposed master, for the purpose of trying the question of freedom or slavery, in which there was the slightest ground to suspect unfairness or bias against the plaintiff, or, I may say. on the contrary, that if there be any leaning in the minds of our jurors, it is in favor of him who, upon probable grounds, sets up the claim of free dom. I speak with entire confidence of these matters, as they are in my own State, and I presume what is true of iNorth Carolina is true of every one of the slaveholdina: States. Seeral Senators. Certainly, certainly; everywhere. Mr. Hale. The sympathies of the people are against the law. Mr. Badger. No sir ; they are in exact ac cordance with the law. The hearts of the peo pie are in favor of the right, and the laws se cure it, and I wish the hearts of all the peo ple of the United States were in the same proper conditiou. Sir, I do not know what are the particu lar provisions in otner. states ; but in my own, so careful are our courts, and so careful have they always been, to prevent undue advantage being taken when this question of treedom is raised, that the lirst thing the courts require is, that the alleged master shall enter into bond and security that he will not remove the slaves from the" State, or beyond the jurisdiction of the court, until a final de cision shall be had, and in the mean time will alow him to attend to the trial of his cause and treat him with humanity. This, then, Mr. President, is a provision of law ior the recovery ot fugitive slaves, which we think it is absolutely necessary should be adopted. It is one sufficiently guarded to a void injustice to all who may be falsely claim ed as fugitives ; and it seems to me sufficient, if fairly and honestly carried into execution as I doubt not it will be to insure to thoscl who are really owners of slaves that have escaped from the State in which they lived a return of their property to them, and an ul timate devolution, it there be any doubt in the case, of the uitimate question of freedom upon the tribunal that has proper jurisdiction of the subject and rightful authority to settle the question. It is ta return this que -tion, not to a let of savages not to a collection of heathens not to a people who are Insensi ble to the claims of humanity or to the pow erfu' though gentle influence of our religion, but to a peolpe as sensible to mch claims, as ready to acknowledge tnem, prompt to dis charge them, (I claim nothing more for them man ior. our mends and tellow-citizens who lve in the northern portion of the Union.) as any people on earth. For all this which we ask, we have the guaranty of the constitu tion. We test not our claim unon t ie rn. erosity or magnanimity merely of our north ern brethrenthough I feel that we might safely rely upon these but we rest iti upon strict ngm we demand it, and appeal to tueir sense 01 justice, pledged to us -in the luuuameniai law ot the land. It seems to me that, upon every view of the subject, tnis measure should meet with the decided approbation of all friends of the that there should be no attemnt in rlno- fH provision with such arrangements for delay wl . .1 ! . upcuw ai musi in me ordinary course of things render the measure' utterlv ineffi cient useless to us for anv practical' and Calculated Onlv tn irritat and ;nA.m. the sore and excited feelings of the South by that class of mblic men who entertain the opinion, and have a very strong conviction "bfjjts correctness,, that the civil or municipal lawi which prevailed in these ceded Terri tories at-the time they passed into our hands, whether such laws relate to the existence or the non-existence of slavery ot anything else, continue in force that they are not repealed II r T 4i tifi compromise Dy any silent ana necessary operation 01 tne the Pacific ocean the, Missouri cmf constitution, and that they continue until the line. I have thought that itjn , A .. fT;.. e,0. entertain upon this iubjeir;t--that I belong (otrbusuntold, and almost inconceivable at-; pUior now thut r.l&as of- public men whr entertain the' irocities'of a sp.rv'ilp war K ,,,i,i n ,k i oi.. er anl m, p..;.W lfhrrd to the Wilmot i AMIS vwsmvm) - MoKrr I Proviso;. I will endeavor to Reduce .what 1 hnva trt mv I wit hi ri A nflrrnW COmpaSS. Tn th fi tit nlare. T will rVmtfk that my owjv view, with regard to the'proper manner of Hrranging thu, difficulty i!nt4 that we honld aoop v." long been J "JrJl commended conauerpr, until the United State,, acting J"" v- VrJ;ir.1d' measure Hhrough the legislative department of the go tn 111. nAsmeSi Decause u 'r: . . i. -., a - fW ji tMMiri i vArfifnpnr snail fninir nrnnr AirnAr rn ronpa r,me"??KWKTfJ&te i- or: modify. ihote laws'; or to commit to lome fnf&?M.- iuborfe le.Ufive .athonty th. power of onrs.to aftdtbifigs aoing meretare matrv genuemen Kbel f in recent as can weii De ionnaia , , upon ! another FIVln AS AI1VO wgitLtta ttj vws j t Ktra TTArrrAH ft also ground. ifbelLV, .feour Mj. large. 1 was utterly, sion of our 'domains ratification jof the tre my best to get that nnsed to the exten- ich resulted from the v with Mexico ; I did atv so amenueu iu Ji-.ja. n nf terntorV ; l voiea L:4..:4i hpcanse of the acqui- sitian, an4 for no ther reason: And, Mr. President, believir that our country is too that our danger lies tn an inrlpfinit- liTtentirsi of iour limits a prema ture expansion of pur population, a. weaken ing of all the central farts, without adding real strength to the circumference, I should delight in seeing that H'tMouri compromise line applied, because r,behve it wjuld close the account of acquisition o? territory, on the part of our troveritmenL foreven If the char acter of temtoryVWhJch rrifght be acquired north or sduth of ah mverliae, were fixed so as to fall in with the, view or interest; of either one or the other portion of the Union. a constitutional maiorifv. ia my judgment, could never be procured iti this body for the acquisition ot anv terntoryi monn, soum, East, or VVest. And, sir; I mention it be cause I intended to state frankly my own views. I do not suppose it witlin the reach of possibility that any such measure can De adopted, jl have no ultimatum to propose perhaps the; maioritv of southern statesmen who entertain a different opinion from that which I haye expressed upon this constitu tional question. They think that these laws are superseded by the silent operations of the constitution, or at any rate, if nothing is done by Congress to put them in force, they fall as being a part of those political regulations in the conquered countries inconsistent with the general scheme of our fundamental law. Now, sir,; in this state of divided opinion as to the legal right to consider slavery a sub sisting institution, recognised and protected by law, by the constitution, in these acquir ed Territories in , the generally conceded opinion that there is no likelihood, in point of fact, that; slavery will ever reach these Territories, what mtive can he assigned what reason which addresses itself to the mind of the statesman can be urged why this Proviso should be adopted? It is not a pro vision which is to accomplish any object, which is to exclude bv its force from the Territory what would-otherwise, be found there. There is, therefore, no end to be ac complished for which itis necetsarry there is no result to be produced by it that will not come without it. There can, therefore, be no stron or justifiable reason for apply ing it to these Territories. And then, if I am correct if the general view which I have undertaken to lay down a to the pro per qualification upon the exercise of dis- aroci.ttes ot a servile war r he would fill the earth with dead : he would lirht un heaven With midnight conflagration : all this; yea, ahd more all the vials of wrath-.which God in hi providence might se.e fit to pour down uuu us, uc wuuiu suner, rather than per mit,' notne man; who isjiow free to be made a slave that would be "extravagant enough but rather than permit one man who now stands upon the soil of North Carolina a slave to stand a slave Upon the soil of New Mexi co! ; "' ' ? - '. r : aaaaka eration in , orahv... inarr,n,J..:,nTewkJ1l t,0n immediaui. 'f h.Ur com Ni? lor 'mediatelv napp ?iness pn ir, ,i, J.s.! or P'OSI S3 upon this subject. I go for the adjustment puteJ powers, or even admitted powers, is a .. . . - - W - . .. . J I . i I 1- 1! 1 J I".-It ' ' I Ot this question, and. tor moderating ano lei- muuc excceuingiy uisiasieiui io a. large pur ting down the excitement upon each and tion of the country it would seem to fol every topic connected with it, so that, if pos- low clearly that this Wil ..ot Proviso ought sible. moaerate men. those who are not ex- not to oe passed, wny, sir, must it not De treme. those who do not insist upon pressing understood, and cannot gentlemen see that their own notions in their ultimate extent to it cannot be otherwise than understood by actual adoption, may meet together upon a the southern people of the United States, as common ground. Now, it seems to me mat, an exercise oi power ior tne mere purpose after what' has been said upon this subject by of manifesting superiority, as a wanton do- so manv able and distinguished gentlemen ing ot that which is often ive and at the same upon this floor, and particularly after the ob- servationt made the other day by the honor able senator from Massachusetts, tlr, Web ster, we ought to be able, to unite upon a proposition to drop the Wilmot Proviso alto- geiher. tne nonoraoie senator irom iviicni- gan Mr Cass is clearly in favor of having no f roviip ; but he meets tne rroviso upon time useless as involving in itself an insult and indignity to those whose wishes upon this subject are outraged, and outraged cause lessly? For one, I think it would be less offensive to southern people if it were an ad mitted fact, that, according to the law of Mexico, African slavery existed in these Territories, arid the Wilmot Proviso should be adopted.- That would be doing us what we should deem a wrong; but for it some reason might be assigned, and there would the ground of want of constitutional power to apply ii ; and as others who may desire to see it applied, de not enter into and adopt his particular! view upon the subject, of course be an object accomplished by it You might the opinions and judgment which he gives say, ' We deem it of high importance that - J .. - i .a -a. a a a fT do not have upon thu question the weight slavery should not exist in tnese territories; to which hit high and eminent character so justly entitles him. But from the senator from Massachusetts we have a reason lor dropping this odious Proviso, which may be received and acted on by every man, what but it exists there now, and, without prohi bition, will continue to exist ; and however disposed we may be to gratify your feelings in this matter, we cannot sacrifice what we deem an important and overruling consMrr- ever his views of the question of power may tion to accomplish that purpose." But now oe, Wlinout violating, in me siigniesi oegree, the notions of legal right w appearing to sur render constitutional authority. Now, sir, I am one of those? wbo-believe in the constitu tional power. I have had occasion to say and have endeavored,, so far as I was able, to prove it on the floor of" the Senate. I have -.. .to v' a the adoption of the Proviso stands without reason- and without excuse. It is a mere assertion of superiority : it seems to involve in it something of taunt, of insult It con veys to southern, people an impression of un willingness to gratify their wishes, or save their feelings even, when, by so doing, noth- said it at home ; I have said it everywhere ; ing is lost to the majority and no advantage I have said Hat large mass meetings; and I . ..a a choose to sav it again, because l nave no concealment upon thi subject, and believe that what I aim at can be best accomplished bv a frank avowal of the truth, so far a- I un- is gained by us. It is idle for gentlemen to to say " we mean it not as an insult." It is unnecessary, ifthereisno reasonable ground for supposing that anvthing will be accom,- pl shed by it that will hot be accomplished derstand it. I have said, and I say it again, without it ; and, since you know how we must that Congress; has the constitutional power regard it, patriotism, statesmanship, the recog to apply the Wilmot Proviso to this Territory, nised obligations of good neighborhood, re- efpw-l . alASl .a.YT and all the t erritories mai oeiong to tne u- quire you to iornear. nited States. I believe that Congress has Now, Mr. President, supposing this Pro entire power and jurisdiction over the Tenv viso to be adopted, the question natuallv tories ; that we are the supreme lawgiver presents Hs elf how would it be received by over them : may dispose of their institutions the people oi the southern States ? Of the as we think right, and let in.and shutout just southern States generally I undertake not to whom and just what we please. But, Mr. speak. Of their sentiments and opinions I President, when the power to adopt a mea- know nothing, except as I -gather them from sure is admitted, permit me to say that very what is said by representatives here, and ee little is done towards ascertaining that, it is them shadowed forth in the resolves of their proper that the power shofJId' bif exercised. An abuse even of an 'admitted power is not only just ground of 1 complaint,- but. under circumstances, it may. oe just as ratranavrea- sonable a ground, ot resistance as it the pow- 1 W - a er were: exe cised were usurped, u our pnmary meetings. Hut this much. is cer tain : if we may judge from these indications, the application ot the Proviso to these Ter ritories win be considered as a wanton vio lation of the feelings of the South, an insult ing exercise of power ; and, however it may government were a simp e despotism, if all or may not be resisted by outward action, it the powers of all its branches were centered in the hands of one single ruler, it could not be said on any occasion that he usurped pow e- ; but, if he abused the powers thus confi ded io him to purposes of oppression and in will be deeply resented in the inmost feel ings of a large portion of the people of the South, whose representatives have spoken upon the subject here. Nor, Mr. President, must I forget that, in justice if his administration rendered prop- considering the effect which this Proviso is erty insecure and ute intolerable beyond all likely to have upon the condition of the sou diubt, there would.be thesame right of re sistance j as if the power thus unjustly and oppressively used had. been usurped, instead of having been conferred. The one is a case oi unjust seizure oi power ; tne other is a case of wanton disregard and violation of the j r :. commence upon wntcn me power, was giv en. One is Violence V the other is fraud - One is open rapine ;;the other is breach of trust. - Now, i sir, it has been said, and well said truly and philosophically said that. 'the as sertion of extreme, rigfc.tis always pdious."-- in political matters jucn an assertion of ex treme right, such a resolution to do whatever we may lawfully do', to the utmost extent of our power lawfully to do it, always ends m aespousm. it is a principle in the private . Yes, sir, here is a sacrifice of life and hap piness and of alljthat is dear to the black anj white races together to a mere idealism a sacrifice proposed by a gentleman who claims to be a philosopher, and to speak the langu age of calm deliberatation a sacrifice of our glorious Union proposed by a patriot not rather than freemen should be made slaves not rather than the condition of even one human being should be made worse than it now is- but rather than one man shall re move from one spot of the earth to another without an improvement of his condition without passing from slavery to freedom. Sir, after that announcement, thus made, which I beg to say, sir, I did not seek for the speech I have never read ; the extract I found in one of the newspapers of the day after that announcement, talk not of south ern egotism, talk not of our disposition to sacrifice to ourpeculiar notions and our pe culiar relations the peace and happiness, the growing prosperity and the mutual concord of this great Union. Now, sir, if that an nouncement goes abroad ;nto the southern country attended by the wanton application of this Wilmot Proviso, an irritating com mentary upon that patriotic announcement, what can be expected ? What but the deep est erqptions of; indignation in the bosoms of those born and brought up where slavery ex ists, and taking totally different views of the institution from those which aie taken by the honorable gentleman whohasplaced him self upon this cool and deliberate, humane and philosophical position.' Sir, we know, will regard to two or more of the southern States, emphatic pledges have been given, though their legislatures, that some mode of resistance to this Proviso will be adopted. Now, what is to be the result of the Nashville Convention which has been called for June next, should that body assemble and find matters in their present condition ? It no bill shall have pass ed to do us jus ice, by affording as far as the law can anord it, the effectual restoration ol fugitive slaves; if a bill shall have passed, or be likely to pass, with the insult of the V ilraol Proviso cause lessly and wantonly inserted in it, after the an nouncement made in the extract of the spech which I have just read after the announcement made by the senator from New York, that so far trom their bemg an obligation to restoie to us fugitive staves, the duty ot hospitality requires that they should be received, kept, and retained from us: that the constitutional law. which re quires their restoration to us is contrary to the law of God, and not binding in conscience: and still more, that those who visit our shores, coming un der the protection of the American flag within our jurisdiction, and there, in violation of our laws, se duce our slaves from us, and carry them to the North, shall not be surrendered upas fugitives troui jusUce, because the same high aud overrul ing law which puts the constitution down and makes it a nullity, has converted what we call a crime into a high and meritorious act of duty ii ihisconvent:on,; meeting und-r such circumstan ces, what uiayjb..' what probably will be the consequences 'I I say it not because 1 wish it I do not wish it 4he conviction has been forced upon mv mind 'by evidence reluctantly received: and there re 1 wish my friends around me to pay Ior that reason the more credit to what 1 say ii that convention shall meet under such circum stances, in my judgment the Union is from thai day dissolved. 1 do not say that dissolution will lollow instantly i do not say but a connexion, an external Union may be maintained, and linger on for aie w years longer. But the meeting of that convention! w.II be to our institution, in ihe language of Napoleon, "the beginning of the end" it will be ihe initiative step in such a course of measures, INorth and South, as will result in con vulsing us. so far that the ills to which we fly caniK t in our ruJgment exceed those we bear and thus will put upon the people ot the doutii the necessity, the oauilul. hard necessity ot a disj solution a final separation. Now, sir, why do I i . . - take this view f In the hrst place, the meeting ol the Nashville Convention is, upon its face, a stet towards a separate and distinct organization ol the southern States. The very movement separates ihem for a time, in purposes and intent, from the great mass of the population ef the country.- ihey meet there tor what purpose lo consid er, to deliberate, to debate what? -what course ot actiou shall by mutual agreement be taken by the btates whom this convention will represent what manner of resistance, wha mode of redress Now, sir, in alfmat ers of this, kind, in all revolu tions, hi all breakings up of the ties which bind us together, the first step is one ol great difficult). It is so even in social and private lite : it is so in the married stale. The first wanton and public outrage on the 'part of one towards the other of the parties is easily followed by such steps as end in total . and thorough estrangement. v ell, then suppose no measures ar proposed which look to a sepaiatton of the Onion I have no reason to suppose that any wiil be proposed looking to that as an object 1 tully believe that that convention in Mississippi, which terminated its union in toe call for this convention, was influenced by high and patriotic motives, seeking to preserve and not to destroy the Union. 11 1 wanted anything to satisfy me ol that (besides abundance of other rea a.ns which 1 have,) ihe very lact that the con venuon was presided over by the venerable and venerated Chief Justice Sharker, a most learned jurist and patriotic gentleman, would be sufficient lor me. JJut when we have ascertained wtiat people design by any particular movement, we are far, very far, from having asceitained what they may accomplish by it. Now, suppose this meeting should resolve that, by a common con currence of ihe States represented, common laws should be passed, police regulations be adopted in the slave States of the most irritating and offen sive kind towards the northern portion of the Unioasach course will not appear surprising: fTertheunhannvh:-. ican blood i. .V 'j u' ouu 5 . some uesirin mg ihe nex i purposes country. . r.r m- Should .Efejt'?- J satisfaction not be -iven? LidoPH winch I have mPntC( o,hf; m reststmj in anv null.'.? 1 Norl wr revolution, or for re,ai I , Ilfor car, S,r, frorn undendkin-,'TS ulnect for the Son.h . Dk ' lH stood now and alw Y? CV the iuisment .JTi was wpII ., i .1. ."uctor i. be of slavery." Several Senators. Whose speech is that r A senator. Mr. Mann s. Mr. Badger. We have heard much Mr. President, of the violence of southern de clamation. I have most carefully avoided businesl transactions of life that inevitably reading the speeches of southern gentlemen hviiuiiiuva aa uiiiiuuvaijt - J.C TV UQ ICIB Qui in business transactions of life with the fixed. innexioie resolution always to obtain, to the extreme, everything that is due to him, will l. a;l a a a a ' ultimately prove tnat me maxim is entirely inconsistent with integrity, and he will end by seizing thmgs which belong to another. No power in any government, and especially j i i'i ... in a government nite ours, Should be exer cised, the existence of which power is denied by many, and the propriety of whose exer cise. in- a given case, is doubted bv still more 1 I 1 Al it a. uniess nnaer me mnuence ot utrong reasons. CwA. .r i . , , : ! ku ui wrung. Aim wnere, am AM llS : L.'t uwu wuu.1 moung gentlemen can urn. pose tq apply the Wflmot Proviso to the Tr ri tories to which we hope to give a form of! ternioriai government? What is the impor tant end which is to be attained a, -nh... quenw of it? GehUemen tell ns on all hands rV'Vi ol "ct. slavery cannot be estab- l!?evit h.t8C Jemtories. Many gentle men tell uatrmt . . t i - . 3 Slfch?ded m Jhose Territories.- eain fhr r 1 have ,aid' an4 1 v it a gain tor I Hr i . MWk conceal any .views I may who were supposed to be liable to that charge I happened, however, in th early part of . - - -a - .. . ur m this session, and before the other House was organized, to be in that body when there were some bursts of feeling and denuncia tion from southern gentlemen, which I heard with pain, mortification, almost with anguish of mind. But, sir, these were bursts of feel ing; these were passionate ahd excited de Claratiotuthe-e had everything to plead for them ai being spontaneous and fiery ebulli tions of men burning at the moment under a sense of wrong. And where, amonsr these the cool the philo sophic mind that delivered in the other House the passage which I have read: "Better disunion better a civil or a. servile war better anything that God in his providence shall end, than an extension of the bounds of slavery. r In other words, it is a deliberate, settled nxed opinion of the honorable gentleman who made that speech; that rather than the extension of slavery one bof yes, sir, there it nd qualification, one foot he would pre fer alt the horrors of civil war, all the mon- thern mind, we must look to what has been said by northern gentlemen in connexion with this subject. Permit me to call the at tention of the Senate to a very brief extract from a speech delivered in the other end of the Capitol : " In conclusion, I have only to add, that such is my solemn and abiJing conviction of the char acter of slavery, that, under a full sense of m re sponsibility-to my country and my God, I delib erately say, belter disunion better civil or a servile war- -better anvthing that God m his pro- Sfiilttnt m II mmnA t tisa n avtanainri t f 1 1 a rwMin4a . - a.uWM we bear iq miBd the fact that staves are voostani our ports by the vessels that vis A-wm well said thsa glgue.jn presenting Senate, disunion is a nT, T nrA nunai:. d.scusihereaS one for sent here to represent th, sSiS ton, and to discharge o2l m,ef'C uc ciniic anil in n r. ..: "na. 11 . Jm .! nn it ninirn -v-i .... r r ii . Carolina upon any sJch -76 I have inci ;,J x Cn.1"tion, Js .... wmic ut3t-u a cpruic r . . . "iisah.! after expressing i 'Z 'VkZI l V r " 'WJ "iron? anJj. 7" "."S me ivilrnot Proviso n,r,, ""-"J1 .,mm ine farewell Addr ton, and imbodvinsr th not to look upo. theHnir' uea,t abandoned. Makiner oil ,1 ,B,nfi., of that large, and most conZK. 01 m any event," jt could har. nrt'N tation than tWs.hM "TrnoKitoJ to by the precedT I"" ground for the abandonment r.. vM then, this matter has been m,h ,i L Carolina : ferent resolutions have hP,.n k,..,. rr, .i- . " HnJ OT Ik-, wine uiscounienanciiinaiid iU represented in the Nashville 0 sinnrnvinir tKo oll i and one meeting, with a som,? consistency. while orotpstini,.;. . "I of unlimited powers. snl-mnK, advance to abide h,- an,i .J.Jws Nashville CZnnvL L , T'1 W ir rmi.. . v'viiuiii iib sir. that rVort h ( am mn nrn..i.i ... 'M count of the passnee of the Wiim. n '"I any measures for the dissolution f resistance to the government. , My own llj is that it Would furnish no sulli, .,, !. ciipK a nmrpdiiro I , .1... l . S'WKI v' nuie arrives, i ahniild pvr arrive whan it iL.it i ev it Rnt Into I .in i . . . ""J a) iiu, mat IslujLf such an event as the adoption ol thff romo J happen that a serious indignity hasW,9 to us not, perhaps, designed-l will M I any with a deliberate design to insult butT, indignity, because such must bet heffJ11) ' uuu ui an uujrtuiiiiauie anu useless measiin distinct notice that it will be considered i light. And rely upon it, sir, that what... rwa iho rACiilt in rirri rrl nr... . ine people oi me soumern otates, il sonwU lslactory is not done respecting fugitive tw and if the application of this Wilmot jw insisteu upon, mere win oe left mtheibl our people a ranKlin? sense uf initial -.1 r rni 'ii i i . J . lence. i ney win nave less ol how m th. J : r -i . . "'1 operations oi me consmuiion. 1 hev wiUU a certain extent, a pa tn I ul conviction thai d majority of the inhabitants of the free Saie not tnat sympatny with tneir feelings uj J trr tkmr nrlvlc thot iii(fti.A n.l . . 1 exercise ot Known powers, and that abdsT Irora the needless exercise ot doubtful iajJ iionauie ones, which are so essential totfj mind of thecountry united; andunlfswisl are united, the lorceu association of relncai mutinies, who stay together not to otuit from their connexion, but to avoid the njfci paration, does not deserve the nameufCw Mr. President, 1 am sorry that I ha Ft erf tne oenate so long, i wm enueavor tocn few remaining remarks I have to malt to i dy close. 1 have submitted with entire (si the views winch 1 entertain. J belim.cBl liously believe, that there is in the nonb ol the Union a sincere attachment toihecn tion, a firm adherence to the compromsa constitution, and a just consideration Ibr tie and the feelings of their southern brethia I have a strong hope, an abiding conbi these sentiments will, on every proper be manifested by the ereat body of inhi the free State. If I thought otherwise, i be without hope, ami should beinciiwlt sider my birth an event to be ceplorw.si ing upon me the necessity of witnesiiBg tk destruction ol my country. tSut. sir, Wi bill for the recapture of fugitive slaves In) let this Wiltnot Proviso be dropped, (ai sible, sink into insignificancy and otitis, I am willing to deal with every qoesta the Senate in the utmost liberality ol to Yes, sir, 1 have no objections to com The Union sprung out ol compromise, nion is supported by a legislative comp compromise incorporated in the fundus ihe constitution. Springing out of esf this Union can onlv be preserved and mai1 mote the great and good. ends dfjijndj hoped lrom it, by our carrvtn; on ibej hnSimnllv in ihe spirit of comnrom view, sir, I am willing to withdraw to the admission ol California, win w alteration bf her limits as settled by lr 'r 4 n.l whiiti I nV that Mr. PlB inil mm tn esiv that I lllnkl! i ffWl W 1 occupy the same position with ."S1' .LL .nnA(. f'svim Al;.oLeinni BOW " (Mr.'Davis,) knowsthat I was witbj committee charged with the W'-'j at once that 1 was totally and absolutsT fnrm. arwffIB divisiou ot territory. I have heard w i - v .1 -lartainffl, move the oDjections i inrn ruicy manner of ihe organization ofllKl there, I had additional objections, stiwJM ly taken from them for the purpose of commerce: that, thus ta ken, they are withheld from us, and their seduc ers are neither discountenanced at home nor; re stored to us lor punishment; and that a flagrant wrong on. one'side naturally provokes to measures at once ot protection and retaliation trom ihe oiu er. But, Mr. President, the moment these Statas by mutual compact and agreement, have come to a resolution to adopt a particular course ot mea sures upon this subject", they have left the plat form ol the constitution ; they are no longer upon it, because the constitution expressly lorbtus State to enter into any compact or agreement wi another State without the consent of Congress. When this hrst step is taken, Uie process is easy, and need not be traced lo a filial dissolution ol our present Union. And therefore, in the event ol the meeting of this convention, wi h the slavery question in the situation I ia e mentioned, 1 have, i repeat, gloomy apprehtnsiou of what may be, and must probably will be, the result upon the destinies of our country. Force, Mr. President, cannot keep the States of this Union together cannot preserve the constitutional Union, i dis tinctly adiniMyhat was said by the honorable sen ator from Massachusetts, Mr. Webster, that no Slate has a right to seceue from this Cuioo. I distinctly admit that the constitution, looking to perpetuity, makes bu provision directly or indirect ly lor the separations of its patU. But, in point of tact, from the very nature of our instituuons, the Slate cannot be kept in union by force. The; ma jority or the most powerful portion may conquer and reduce to subjection the other, Jul when; this is done the States are not iQ union, the constitu tional connexion is not restored. It is then the spectacle of a conquered people submitting to su- selves, and giving additional furceKI,' J expressed by the senator from 'J Seward) the other day upon views entertained by the VW? tt bv the eentlenien who are sent Ik them, my objections would n "iJ surmountable repugnance o Pj,1 tion. For that senator has not in substance that we bare noc-- ting California that she is ..U ...ill ... ,rrtllrIITC . SUC Will tUUIIUUC, ,111.-1' . . ik.i u. hereanu o 7 ..... I .1 nl .ion into this Union, anu T ... :.i k,c iade.1";. i milepeuderit republic upon tw I cannot believe, and 1 do an insolent dictation to P " " pie ..California. ab.i l wo gentlemen 7 . L , he firs' and am sure they would De uw . ,o nnition aSiUiue" . ICUUUUV.C t jjM ihic flriiir. . v. 11 The honorable senatpr from . Seward) seems to consider j r.,ia ac n matter beyond s V , o'med at every 1 a 0 J A to ,ih. a"u l . . ..ihstan ana tnere, expresseu bedu,y lrom their uvtrs A of the extension of. In e , free, and r!a' fee " the constitution ' rc'liir5Ji us, iuai -"-- c;rCOiOSiu : -e? .a 1 cognition, by if orT. Aa Slaves m.c, her t effi J enator fiOHl ieu . ouce, to the last .'aeSfcrs-..
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 10, 1850, edition 1
2
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