TnOIiStlTMT, Editor. SOITI1 CAROLIS rwrrfiil it iattlltctml, ami ia! pkyiicil itMirni, tk Uii if m tint ni kmt if tor iflcttiMi." .-.--..-.JL.....,. IE0MD1S I. IESITj AWiiif Ui'a. VOL. XLI. IHB FORTH CAKOLIMA BTAH it ruuat iu.t, : ' it inoiu J. iiiii m. (oso nwiy oppoK rot omo.) " Trruu nf lire f awr. 'J) guua, when paid is dvasc f 00 . . " i-j..taiHur thru mnnth. ' If Jtaewm ' - ' Ttrmi if Wwrtliliif. - . ... w i I issues famrtioa. 25 Court rOrs and judicial adwUtementa, 2S per A SSaotton rf8 per cent, for advertisements bj kaY-AU Uitm sad. cemaiwiieatioM toust be wr ytni, Remittances may be Buuie at our riex. THS tAlT Or NEWST-APEBS. in ..writ-str. who do not give au-aas so- iea to wntwjh ar eontidorod aa wishing to eeatinuettoirtubicriptiuns, 4. ... . i It aubterihora order the discontinuance of their paper, the publisher may eon turn to tend them itilrrertMprfd. . if subscribers oeglcct or refute taking their mas'ert from the eSeet to which they are teut, they lire held reeponsiW till their Milt settled end Wish nw ordered o b ttttcontinued. " g. The Courts hire decided lht rcfuttng 18 tike , aeVtpper or perlodien.1 from the office, or remov ing and letvine: mnmi-n , r.. evidence tf maiiTtoSAI, vaaBB. ot ordered It hut will son skier themti-atmoertso Ion M they eontinue to receive the paper. ufy .risis, etponihle U tnis amy is acgieewu. -(SPEECH OF MR. BADGER, OHTUX ILJIVKBY QI'grriON. ntllctml in the Senate, March, 18, 1830 The Senate having under consideration the retolriuont submitted by Mr. Clay Mr. Badger add: Mr, President, it it not nirpriMg, air,' considering the subject-maltcr of the resolutions submitted by the lion. Sen ator dam Kentucky (Mr. City,) that there should hare been a warm and even an excited. debate produced by thffni in lhi house. Nor it it auroriainir, eonaiderinff the variety of tonics embraced in those resolution, that here should have been a ereat diversity of sentiment anions the members of this body. The delieate nature of the subject out of which those resolutions have (frown to which directly or indirectly, they all relate r- furnishes abiin lant excuse, and even jusnnra. lion, for the large amount of excited feeling and warmth, aud animation of discussion, here and elsewhere, I do not rise, Mr. Pres- IIITTTlf Willi mw- W MM " shall tend to a "!rrav ate excitement, or at ati I 1 . l.L - ., : ,.T -.,:nM .nirltiini whlfh ti lesspn the prospects' of an amicable aecotn modition of the various matters in dispute, pending, between . the different portions . f this country. - Qa . ..tlm contrary, while I shall express, with plainness and sincerity, the views which 1 entertain) I shall endeavor to avoid saying any lliiuir which can give just ollonee. - In lha remark which I shall sub mit to the Senate, I shall endeavor- to cultivate in my tell, and, so lar as depends upon me, in other, that nirir of --mutual" concession, ciiiiiurofniiie, and kind feelinir, in which the , I li:im of (he Suites originated, and by culli vatma - which alalia can iLhe nreacrvett.,! There can he no question 'ihat the uHct under the eonstdrmtmn of the Senate ta vast ly unponsiik -it is. in my juukiiichi, aa 1111 portaat as the value of the Union; and for the estimate of that value, I possess no adequate powers of computation, l o us, as a people, it is. indeed, tues'.iinabte. VVIier therefore. questions are moved here which do, either directly or indirectly, involve the continuance of this Union and the maintenance of the form ' of loveniment undrr which we live, I must eoHsmur Hmtvuiw tfaRtccuman uiipunamrg ss lobe worthy of every exerciso of the un derstanding ol every meiriher of this bodv, and as demanding from us all the exereiee of mod- rUUII J UBII.I , l.l, , MIU L III II II III.OII, 111 V, dor to produce good and avoid evil. " In the first place, 1 concur entirely in what h been so often Mid upon this floor, that fc there ean be no peaeenbie separation of this Union. ; From iha very nature of the case from the character of out institutions from the character of the country Irom the nature of governmcqt liself, it is, in my judgment, impossihle Ihat there ean'be a peaceable sepa ration of iliis Union. - But if there could be, 1 agree entire!) with the honorable Senator irom Rentuexy, mat mat state or peace m which we might separate mast be speedily ended must terminate in intestine conflicts, in wars, which, Irom the nature of the case. , could Know no amicable termination, no per . manrnt peace, but until theauperiority of one or the other side in the conflict should be completely established, would admit of noth ing but hollow truces, in which each might breathe from past exertions, and make prepar- aunns lor tuiure eonlticts. . ' Sir, the Idea of the separation of these States into distinct confederacies was thought of, and considered, and spoken of, before the adoption ' of this constiUilioiW' At the time thai the question wac be lore the American people, whether the constitution proposed by the conveaufn snouiu oe aaopud, it was then , spoken oC It probable, ea, certain eon- equenee, were referred lo by the writer of Ihat admirable series of papers denominated " the "Federalists;" and I beg the indulgence of "wi wniie i reaa a very nef extract, "c '"g w wi ol Uios eminent men. "If Uie.autt',h,aia either benUollydieanited, er only mil ted in pwtiij oonMwci,. murt be - f V"1"" P"ltioBtwho euserioatly ; doubt that the iuMItIiIom latowblch they might - , iroqmeBl nan violent eon. ewitheMhwhar. I. jraanaw awant ofmo tins for tack sootetts, ae argument against 1 r. wm" , W""Q netororget that atea are MtbWowU,,,,,.,., Iwlk , aseeitiaMtU efhanMay botweon a s4sr f ""I1""""' aneoimecteil sovereinities, situated - """" righborhood, would be to dinregard , , 2!" baaauveita,aadtosMat vTv. "lated oiporieaoe of ages. mis wa a just view of the probable, the , j. eerhun result of separation- of these Slates L i una ""dt h then .circuaiiUB ' ZT'j. '",- yt,' ir "pn na. t the prcs- 4 t " Stale were freth from the conflict of the tevcJBtwaarjr w T0WI My had ther ' ljr naMmbraoe W the contest in which mey DM foughn and in which they bad gath ' ' .?. ,eWry nd honor together, but the v.-leading men of thai tim. were those choice w. pinta who had earried Oientthroufh thai recent trflii " had "Wwhed the independeiio 1 in MM:" wnoereised an intiuenee 'Ciam tL PmPrtioed ta their patri- 4 if -,H f--m.L 4 alienation which must 'exist in any separation of these Slates at the I present day. If w eparatcnow, we do it with feelinn nf mutual distrust and bitterness. We divide not by common consent, as partners who can no longer carry on their joint busi ness with mutual profit," each to pursue for his own separate advantage that con rue of bu siness in winch he can best succeed; but we part with the feeling of those who consider themselves mutually wronged. A sense of injustice nd oppression rankle in the hearts of one portion of one of the new confederacies, and a tense, to the other, of defiance and in dignity. , : Under such circumstances, "what ean en' sue," Jto borrow the language of the great bnglith moralists, but a continual exacerba tion of hatred an unextinguishahle feud an incessant reciprocation ol miachiet a mu tual vigilance to entrap and eagernes to de stroy?" The question has been asked. What can the States dnT supposing them to be divided and separated into distinct suhdi iaiont, or independent sovereignties. Allow me to an wer thai question in the words of one of the most eminent men whom my State has ever produced; a man of clear and compre hensive intellect, ofa solid heart, and enlarged and ardent patriotism; who shed a glory a round his native State, and wb"se name is held in just veneration by "every one who acknowledges himself a North Carolinian. A t another period of -our history, the sii me qiiesiiofrWaaw 18.12, it had become an inquiry a subject of Uisqutsition in my own state and the late Judge Gaston, in an address delivered in 1833 bclore the literary societies ol the L nircrsity, tlius treats of the subject: Threat, jot resistance, tecetsion, teptrttlon. have become common at houtehold wordt, . in the wicked and Hilly violence of public declitinieri. The jmblieoav -it familiaHted, the public mind will toon be aecnetomcd to the detctUble suggeHtion of dil ution. Citlcuiations and conjectnret what may the Eatt do without the Houtli, aud what may the South do without the East uneert, menacet, re protchct and recriniminntiont all tend to thettme fatal end. Whatcen the East do without the South? What can the Houth do without the Ettt? They may do muchi thny mny eihibit to the enrintity of Bolitieal aatemit, and the pity and wonder of the world, the "dujecta mrimbra" the tundered, bleeding lirabt of a onee gigantic body, instinct with life, and strerigth and vigor. They can fur nish to the pliilotophio historian another melan choly and striking Instance of the volition axiom, that all republican eonfederaciet have an inherent and unavoidable tendency "to dissolution. They will present fields and oecasiont forborder ware, for leagues and eonnter-Ieagnet, for thenjriguet of petty statesmen, the struggles or military chiefs, for confiscations, insurrections and deeds of darkest hue. They will gladden the hearts of those who have proclaimed that men are not fit to govern Ihemtei .ei, ana atted C disastrous eclipse on the hopes of rational freedom throughout the world, (Man, 4 hi oda -proposed no punishment for Bar ricade, treating it at an impossible crime, 8uchy with ns, ought to he "the crime of politiont parrroaile i-ths dumembcrment of our 'nitaeriana To me, sir, these sentiments convey a just represantation of what will be the luture and nnavoidoble results of a separation of the peo ple of this country into distinct and indepen dent confederacies. A nil when I look at the Drottiect before us, it is one so dark, filled with such fforrid forma of dread and evils that L aaillingly rlose my eyes upon it, and desire to believe that it la impossible it should ever inow, iMr. rresiueni, ii tne cvns resuiiing from a dissolution of the Union be of the kind and magnitude which I have stated, is there any dam.igf Have we any reason, in the present condition of the country, to apprehend that a dissolution may follow the action of the Cilngress of the United States upon the great questions before as? Is there a probability that a result mav follow anv course which Conrrnst may t'hiiik proper to ute,'anv .3e eision to which they may come, upon these vexed and harra sting questionsi 1 am not, and never have beervnd trust I never shall be, an alarmist. I loot to the Union , as the palladium, not only of the general safety, but of the individual liberty of the several parts that compose it. I will not undertake to state, sir, what amount ofhaxard we might encoun ter of some domestic con'-ulsion; but that there is more or less reason for apprehension that Uiere is danger greater or leas no man can doubt who attends V what he heart in his chamber and what he sees throughout the Country. The most emment.-in belonging to this bodv realise ihat we Ire In a aituation which reouire treat skill arHUdcxterily in the management of public measures; thai there I danger, that this Union, though incapable of peaceable separation, or, if peaceably sep arated, incapable of maintaining between the portion' of which ilia composed, for any length of lime, harmonious relations, may yet expe riwK'eaonvulaions and vtotenT ' separations. Whether the danger be greater or letter whether it is exaggerated on the one band, or looked upon as too small upon the other if there be any danger, however remote any reason, however small, to fear such results, to a man with a patriotic heart it furnishes just the same ground of caution juat the same motive for forbearance just the same ground for the exercise of car and diligence for our preservation, at if the danger were immediate or the cause of fear great. W all realise this in the ordinary transaction of life. If n man ha any reason to suppose, however remote the danger, that the house in which he b conceal powder magaxine beneath it, he doe not wait to have demonstration of the fact before he take measure for hi secu rity. In all human affiir urn are obliged to act upon probable evidence, and to provide for probable contingencies, and to respect even the lowest degree of probability, in avoiding danger and securing safety. 1 care not wheth er there be more or leu reason to think tint a convulsion may be produced among the people of the different sections of the Union by the manner m which these question shall be decided by Congress: if there be nay dan ger, any ground of fear, aa men of sense", at men of patriotism, a lover of our country, we are bound to the most anxioua, earnest, persevering effort to secure the country, : Eiitertainins- these views upon the subject, and i havinataied what I believed lo be the duty of us all, I profess now to act, and' to be al ways ready to act npon th principle wnicn i have staled a that which should govern our conduct, . :' Iii what, Mr. President, have " these diffi culties their origin? They spring from one single source. They may multiply themseive; they may assume various directions; they may govern and direct the' conduct of individ uals fn various mode; but th whole difficulty lie in slavery as its original and sole sou roe. It ts th existence or that tnstitatton in certain State of this Union, and, the existence of that RALEIGH, WEDNESDAY MORNING, iniiitulion alone which ha brought upon the necessity of considering whether litis nion is safe, Eniertaiiiing very clear and de eided views upon the .subject of that institu tion and seniiinenls having , been expressed with great confidence by many gentlemen, particularly by the Senator , from New York, who site on th.s side of the chamber, Mr. Seward aa to its nature and character, con sidered in a religious point "of view; it being assumed as a matter of course that that institu tion itself is utterly opposed lo the spirit and law of Christianity, and that it must be taken toheinitselfmorall'ycvil evil altogether and to be tolerated only where we have no power to put it down, I beg leave, though not exactly germane to the political discussion, to sub mit to the Senate a brief inquiry into the cor rectness of this view. I maintain and en deavor to establish, that whether the institu tion of slavery be considered as an evil or not, it is not a sin. It is not in itself a violation of the Divine law. It was aaid by the honora ble Senator from Massachusetts, in the noble and able speech which he dilivercd the other day, that that institution had existed from the earliest times; that the firrt writers of history found it existing; thatin the theocratic gov ernment of the Jews, no disapprobation of it was expressed; and that, under the Gospel dispensation, no injunction against it was to be found. That is the truth, sir, but it is not 11 the truth. It is clear that this institution, which we find existing lalhe world before arid ai me commencement oi me jewisn ineocracy, not only was not disapproved of, but expressly recognised, approved, and its continuance sanc tioned by the Divine Lawgiver of the Jews. , Whv, Mr. President, if we disabuse our minds of the influence of previous opinions, and undertake to inquire whether the Divine law oft'haritv condemus the institution of slavery and if in this inquiry we subordi nate our own judgments to the teachings of the Divine Lawgiver himself there can be but little doubt as to the result at which we must arrive; and it will be that which I have stated. Hut we may adopt a different mode of conducting the inquiry may allow some inward impulse or feeling to give interpreta tion lo tlie great law ol rhanty, and set up our own speculations to regulate our judgment of its force and application. We may thence be led to conclude that the institution of slave ry is utterly unlawful; but in so doing we present a melancholy instance of Ihe human interpreter setting himself in direct opposition to thepractical commentary which the Divine Lawmaker has given upon his qwn law. Now, sir, I find in the 25th chapter of Le viticus lhi passage: " 'And if thy brother thatdwelleth by the be wax en poor, and be told unto the, thou thalt not compel him to serve at a bond servant. But as'a hired aerrrnt. and uaaojoarner, he shall be with thee, aud shall serve thee unto the year of jubilee. and then shall he depart from thee, both he and hit children with bun, aud shall return unto nil own family, and unto the possesion of hit father shall he return. For tiiey are my servants, which I brought forth out or the land of Egypt; they shall not he sold at bondmen. Thou thai! aot rub) over him with rigor, but shall fear thy Ood.. But thy bondmen and thv bondmaids, which thou thalt have, be "of the heathen that are round about you; oft them thall ye buy bondmen and bondmaids. More over; of the children of the strangers that do sojourn among you; of then! shall ye buy, and of their fam ilies ihTSrt'wrm-you-wMi-thWs liwdi -end ithey,shaU bs your, poawsiion. . And, J snail taa them at aa innentaoce r. r ynur euiioren aft.r you, to inherit them for a possession, they thall be your bondmea forever; but over your breth ren, the chllden of Israel, y shall aot rule over one another with rigor. A His is) ons uiiioiik mw many uirevi, ywr live, authoritative approvals by God himself of the institution of slavery, existing at tne lime of the Jewish theocracy. It is not !!!,!II!'5)!BrcWHSl firiaranc.o to prcv hilut hut an express permission to the Isra elite", whom he condescended to govern in the stead of a human ruler, to purchase of the surrounding nations and of strangers among thenv slaves, and to hold them aa an inticri tanc forever. Slavery, Mr. President, was found, as men tioned by the honorable senator from Massa chusetts, an existing institution at the time of! I hi uospel dispensation, ana was spread throughout the earth. What treatment did it receive from the founders of that Gospel dispension? It was approved first negative ly, and then positively. First negatively, because. In the whole New, Testament, there is not to be fonnd one single word, either spoken by our Saviour or by any of the E- ranelists or Apostles, in which Ihat institution it either directlynr indirectly condemned.- And also affirmatively. To show this, I desire to call the attention of the Senate to two or three passages from the epistle of St. Paul, and to bring them forward, with s com menlarT trom' one of 'Ihe besV" men " that ever lived, as well as one of the most learned divines, who spent his life between the years 1731 and 1 700 in ihe kingdom ofScotland, who never set hi foot upon the soil where there was a slave and never saw a slave. He gives his opinions in a most able work of his, entitled, A New Translation, Commentary, and notes upon the Epistles" not any hasty production . . . ,. Lf ,:.- out uie result oi uiiny years oi ni me ex pended upon this subject, which it is said was five times written over by his own band before its publication. I allude to the celebrated Dr. McKmght of the established Presbyterian Church of Scotland. , In the introduction to the sixth chapter of thenrst epuue of Timothy, he thus expresses nimseu: "Because the law of Moses (xod. 21, 2.1 al lowed no Israelite to be made slave fur life without his own content, the Judaiiing tenehers, ts allur slave to their party, taught that ander the Gospel likewise, Involuntary slavery was un lawful. This doctrine th apontlo condemned hem, at in his other epitilet, (t Cor. 7, 20, 21, 4,1; CoL B.22,)by ttijuining Christian slave lo honor and obey their masters, whether they were believers or unbelievers, (verses l, 4,) and by uanrina Timnthv that if StV tsanoD tsultrht otherwise, he opposed the wfio'enom precepts : otJeiu linnet, ana we aooinne oi me unepei, which in all point It conformable to godliness or sound morality, (verse 3,) and was puffed up with pride, without pwssessiiig any true know, edge either of th Jewish or of the Christian revelation, (verse I.)'' The passage in the epistle referred to by Dr. Mcknight is in 'these words: ' "lot at many servant at are under th yoke count their own sutler worthy of all honor, that th name of God and his doctrine bqnot blaaphena ed. And they that have believing masters, let thant not doapUe them beeaae they are brethren; but rather do theta service because they are faithful ami beloved, partaker of th benefit These thinin leach and exhort. If any man teach otherwise mid eoaseni not to wholaome word; even Ilia words of our Lord Jesua Christ, and to the doctrine which is according to gndlinnsa, he is proud, knowing nothing, but (luting about ; us questions and strifes of words, whereof eometh U.snyy, strife, railings, evil tnrmisinga, perverse - jdisHiting of mm of corrupt mind, and dotuV tute of the truth, supposing that gain is godliaest; from such withdraw thyaeu." On this he has the following note: "Bv ordering Timothy to teach slaves t con tinue withand obey thoir Qiater, the apostle hath shewed, that the Christian religion neither alters men's rank in life nor Abolishes any right tu which they are entitled by the law jf nature, or bv the law of the oountrv whore thev live. In stead of encouraging slaves to disobedience, the Uotpct makes them more faithful and eotfscrcn tious. And by sweotening the tempera of mas ter, and inspiring them with benevolence, it renders tho condition of tlavea mora tolerable than formerly: for in proportion as masters im bibe tho true spirit of the Uospel, they will treat their tlavet with humanity, and eveu give thoui their freedom, when their services merit tuch a favor." I ask the attention of the Senate to a brief passage from the sixth chapter of I.phesians. It is in these words: "Servants, be obedient to them that are your mattera according to the nosh, with tear and trembling, in aingluueta uf your heart, an unto Christ; nor with eyervice, as men-pleaacrs, lint at the servants of Christ, doing thtr-will of Ood from the heart, with good will doing eorviee, as to the Lord and not to men; knowing that what soever good thing any man doeth, the same hall ho receive ol tho Lord, whether na do nvtiu jor free." The passage la . thus pharaulirascd by Dr., MsKlitgttt" tit Vmntmnixn.'-"-'---"- At the Gospel does not cancel the civil right of mankind, 1 tay to bond tenants oliey your master, who nave Ihe property of your body, with fear and trembling, ss liable to lw punished bv them for disobedience." obey nlo Iroiu the In tegrity of your own disposition, at obeying Christ. Do this, not merely when their eye is on von, or thev are to examine your work, as those do whose sole care is to please mom -but a bond men of Christ, doing the will of Uod in tbit mat ter from the soul that it, diligently. "With cheerfulnettdo your duty to your earth ly masters aa servant to tho lord Christ, for in serving them faithfully, ye servo Him; and there fore do nut consider yourselves as servantt tu men only. And that ye may be supported under the hardships of your'lot, recollect that your re ligion teaches you, that whatever good action any man does, "for that, though he should receive noreward from mo, he thall receive at the judg ment a reward from Christ, whether he be a tlave or a freeman." I will trouble the Senate with one more quotation. It is from the third chapter of CoUossians; "Servants, obey in all things your masters ac cording to tho fleah; not with eye-service, as men pleasers, but in singleness of heart fearing, God; and whatsoever ye do, do it heartily as to the Lord, and not unto men; knowing that of the Lord ye thall reeoive the reward of the Inher itance, for ye serve the Lord Christ. But ha that doeth wrong shall receive for-tlie wrong which he hath done, and there is no respect of persons." Dr. McKnight explains this pastagt in the following note: "Though the word dovlot properly -signifies a slave, our English translator! in all cases where the duties of slaves arc inculcated, have justly ' translated it servant; because anoicutfy the Greeks and Komans hail scarcely any servants but slaves, and because the duties of tho hired servant during the time of his service are the same as those ol tne slave, bo tnai wnnt - tno nnytfeisaidtq th slave, wa in,scff(jc ,sai(J to the hired tcrvonL Upon these principles in transla tions OI uie icniHuniB uvsiKueu tor uvuiikiu here slavery is abolished and sorvnnts are free men, the word dmilon, may with truth, he trans lated a servant. In thit, and tho parallel pas sage, r.pnetians, u, o, me uponini in very par ticular in bis precepts to slaves and lords; because in all the countries where slavery wat cstaohsn ed, many of the slaves were exceedingly addicted to fraud, lying, and stealing anil many of the maatera.ww tyrannical and cruel to their slaves. I'erhnet, also ho was thus particular in his-pre eepts to slaves because Jews held perpetual slave ry lo be unlawful, anil beeauso the Judaiiing le lienors propagnieii xuni uocirmu in too ciiurcn. But from t-e apostle's precepts it may be inferred that if slaves are justly acquired, they may bs lawfully retained, a the Gospel doe not make void any ot the political rignu oi nianainu. Now, sir. the institution which existed at the lime when Christianity was proclaimed was tlius recognised as lawful, It was proper slavery perpetual slavery-:- servitude fur life, with the obligation of servitude trans mitted to (he descendants; and permit me to say, it was slavery far more hard, fur more liable to reproach, tar more deserving con. demnation, than any thing that has ever ex isted in this country. It was a slavery in which the master had the power ol lile and death over his slave. It was a slavery in which bndilv hardshiD was imnosed onon the slaves df a kind and in a degree totally unknown in any State of this republic. The rural slave often worked in chains, and were usu ally turned at night into one common recepta cle, in which each had his cell, and theie detained until they were prepared to resume the labor of the following day. It was a slavery in which the domestic servants were subjects of every species of exaction from bard and tyrannical matter; whose heart had not been mollified by the bemguant influen ce of Christianity; and of these domestics they who probably had Ihe hardest lot were the Tyre women, who waited upon the Ro man ladies, and who often received the se verest treatment for any want of skill and dex terity in arranging the hair snd dresses of their lovely yet fastidious mistresses, so as to display their charms to the greatest advantage. . So Christianity lonnd Una institution. It took it up a an existing relation of life. It denounced all oppression and cruelly, and in culcated justice, forbearance, and Immunity, from the master to the slave. It demanded fidelity and obedience from the slave to Ihe master. It recognised expressly that the matter and the tlave might, without reproach, be both members of the same church ihat believing master might have believing staves; and it enforced their relative duties upon Gospel principle. Why was it left to exist in Ihs church, if wrong in itself? There was no diffculty at all about emancipation. The restrain'- upon emancipauon were few, and applied lo special ease. The principal were the prohibitionto emancipate to iha Injury of a creditor, the restriction of emancipation by testament, beyond a certain number or pro portion, snd ihe provision that emancipation by person under twenty year of age should be sanctioned by certain respectable official persons. Such were th chief restrictions upon emancipation al th epoch of the Chris tian revelation.! J ' Nothing couhl Vc easier tliau for St, Paul to hara (aid, "Slave, bo obedient to your heathen master! but I say lo yon believing matter, emancipate your slaves; the law of Christ is against that relation, and you arc APRIL 17, 1850. I bound therefore to set Ihcm at liberty." j N tuch WOfd b ynat thM day day down, th. church acted apon- precitly th principle both before and after the empire became Christian the emperors from lime to time (especially Ihe Christian emperors) by interposing law for the purpose of preventing oppression and injustice to slave, snd the church by her excommunications, affording a restraint against the barbrous usage on the part of Christian master. Now, Mr. President, having an institution among us so anrlent, so sancnoned, snrely it cannot be it is in itself, utterly unlawful and irreconcilable with the spirit and teachings of our divine religion. I cannot conceive, af ter considering the writing of the Apottlot and the continued prnciir or the church, from its earliest and purest times, which re cognise slavery as a lawfu' institution, and en force the duties growing out-of it upon both master and slave, how we, ' who now hold slaves, are to be put bevond the charities ofi our race as oppressors and robber. No sir; no sir. We stand upon higher and bettor ground. We justify no injusuee, cruelty, or hardship. We claim that we have just rights recognised by dhe religion professf a well as by the laws of the country in .which we live, and that, for the possession and just use of ihem, we should incur no reproach here, anil we hope we shall incur none hereafter; though we freely admit lh the trust eonfid ,ed .to, w jjt,high aml.jw impoeiwir, 91,01, for. the manner in which we discharge it, we must give an account hereafter, not because we possess or exercise autlmrity that is right; that is proper; that is not anti-religious but for having been faithless if faithless we ahull he found to the great dutio which the Gos pel inculcates a to the mode in which that authority is to be used, and the just restraints lo bo latd upon it. I havo not made these remarks beeauaa I suppose that they will produce conviction up on the minds of gentlemen who take opposite views; nor do I suppose that such conviction can bo produced; but I wish those gentlemen to understand ihat wedo not Hand in the light of flitgrant robbers and oppressors, who have no apparent reason and iiisUhcation lor our conduct. 10 my mtnu me lawiuuiessoi tins institution, in the Christian point of view, it clear, demonstrable, demonstrated, Gentle men may say: "We do not agree; we hare the idea that that great law of charity, which says, 'do unto others as you would that others should do unto you, forbids you to hold slave." Ho who gave that law of charity tin' dur the Old Testament, and who explained and enforced It under the New, did not declare such a judgment; and therefore what I want to deduce and enloroe Irom H is ihat the ut most ihat can bo said by our northern friends is, that this is a case not tree ol dilliculty, in which difference of opiuion may, without just ollVnce, be entertained; and hence that no unkind feeling, no prejudice should result, be eauaa we take a view ol tins suojccl which does not meet their approbation. - Mr President, in these excited times, it is very difficult to get a calm and quiet consider ation of anything cennected with this subject. My attention is almost daily arrested by mis representations with regard to legal enactments subsisting in the southern States ol this Union, pina with 'regard tS (ho motive whfch have dictated these enactments. It would seem a if men were so carried away by the impulse growing out ofthi agitating subject, thai they lose all charitable consideration for the motive of other, and even prompt to suppose that whatever is done ia done for a wrong end, or under a wrong impulse. Now, 1 deem.il proper though at other times such matters would not ha. wot thy of any cousidcratioa to notice on or two misrepresentation wiih regard to my ewn Slate, of whose laws I happen to know something, as well as of the habits and character of her inhabitants I do this because everything which impresses uii on the general mind of our northern, fellow. citizens that we aro a hearties, exacting, un- jus:, merciless race ol people, ha a most un happy ellectupon their disposition and feelings to vanls us, which re-act upon our minus; and this is continually fomenting and increasing these sources of disquiet and alienation, which every patriot must regret and thoujd desire to remove. 1 saw tlitro'hcr day, accidentally, In hiking up a newspaper, a note appended to a spnoch delivered in another place. In this note I found these passages: "Xirra bv Ma. Manx. On repairing lo tho Law Libarv. to ascertain which party was right in re gard to the almvedifliirenoeof opinion, tlio sennnd tHiok 1 opened contained at luatttnreecaseswnere the court! were authorised to sentence a slavo to be transported fiir the commission of an offence for which a man most bs unconditionally hung. (See North Carolina Hov. 8tal. vol. L.ehap. Ill, li SO. a. 39.,) Of oourse, the reason of this dif ference isthepeenniftry valueof the slave. Hung, he would bs worthless: transported to Cuba, lie mieht bring Irs hundred dollars." "But laws which punish 'sixorsight,' or 'night or ten,' any other number 01 oneneet witu ueatn, when committed by slaves, while the same of fence receives a mudar penalty when committed bv whites, or law during the benefit of clergy (where that rolio of barborisut still prevails) to a tlave, while it ugraalml lo a wluta man, are sure ly among the greatest atrocities record od in the history of tho race." Now, sir, I would not be willing to suppose the g 'ntleman who penned these paragraphs capable of willingly misrepresenting an indi vidual, much less the whole people ofa State of the Union; but so carried away was he by ine aunject, that ne ttoenot perceive that nit "of eourie, in the first passage, manifests a most tincharitublo deduction; and ho doe not per ceive that what he any in the second para graph Is in direct conflict and ineonaistency with the first. It the legislature or a southern Suite permit a slave to be transported for an offence for which a whits man U put to death; "Oh," It ia said, "here is detestable av- arico, sacrificing justice lo money."' And if the slave is put to death, and not Ilia while mail. "Here i an instance of the greatest atrocities that ever disgraced die legislation of maokind. Now, with reran) to this "of course," I do not choose that my Stale snail lis under the imputation 0 being influenced. in alhxing punishment by the mar value. 01 the Iava a property , The offence referred to: in the statute, cited in this note, aro conspira cies, rebellion, Insurrections. The law of North Carolina, a I sunoose the law of eve ry' other country, carefully avoid, in regard to offences which ordinarily Implicate . alarm) number of individuals, the horrid spectacle of inuiannmlnate slaughter, and therefore aathor ize the court there to affix, cither the punish' men! of death or tmnsjiortation. If the gentle- man had been sohcitoiia, before making this I grave charge of I justice to tlie has sacrificing the niinciplesoi 1 justice to the buse calculations of pelf, he would havs looked a hide further into -the" origin erf this law, and he would have discovered that, in th preamble of the original lawromitlm5in the revisal, the motive ia set oul, which is, to avoid aa unnecessary shedding of blood, hy en abling the courts, after a sufficient exa.nple bar been made, to give sentence of transportation only. Tho purpose, therefore, is eiideot: in ths first place, to punish with death the leaders, those whostir and foment thia insurrection, and with a just eotisidimition and humanity to withdraw that penalty from subonhmtle in guilt, while the safety of the State is consult od by removing tltern out of tho United States. And if the gendeinaa who wrote this note ha 1 not skipper! over, iu hi citation, the 38ih sec tion of the same rovimd statute, he would hay (bund the extreme cat which the legislature took to avoid any hasty conviction of slaves cliarged with such offences. The lugislaiurc knew it waa a subject upon which the pub lis mind was likely lo become exeited;iiid that section provides that where the hitimnmv of black shall bs received, for the - purpose of convicting die slave, such testimony shall not be dflemcd sulficicut unlets it is supported by other nd pregnant circumstances, uniting to prodnco conviction of guilt To Hie riitndt of tlm jury who may have charge oflheoflVndcr. No, air, no such motive rxistaasthe writer of tins. note supposes. And the reason whv in my . ..... 1 -.. .. -T. - rr i' "n- - ililv by death to the whiteman, itobvious. A white man who join in. such an insurrection stands without exruto, and li ur-Ccwarily a ring leader, lie is not a person imposed upon, but imposing upon others; . and the legislature wisely and justly determines that no dwcrei'on ary modification of Uia punishment should be loft in regard to him, when engaged in such an. insurrection .against the pcacaaod lives of ihe community." Hut, sir, the whole legislation of my Stale I do not moan to distinguish batween that and other Southern States; 1 speak of her because 1 know what her laws aro 1 mark' ed by the extrcmest care for ihe live of those slaves who are unfortunate enough to be charg ed with capital oneness, i hey are trim by tho same u ibunal that trie tho white man. They have a right to counsel, if not retained by the owners, assigned hy the court. Thny have a right u challenge sa juror perempto rily, and to be assisted in the chal'a.iges by thoir counsel. They can appeal to the supreme court; and in ordor to give Uiem tho largest security that is attainable airainsumrro per influences, and tho benefit of every aafc guard against impropor conviction, wh le any freeholder is competent to ail upon the trial of myself for my tile and death, no freeholder who is not also a slaveholder is a competent juror to pass upon in ills of a Uvr-- Mow, Mr. President, 1 wish it to be distinct ly understood it i lor thai - purpose-1 have brought thit subject forward; it is for that pur pose 1 hare noticed the note 10 which X have called the attention of the Sonata that Ilia in ferences drawn from our legislation, as well as from detached expression and inckluntal ob servations cantaincd in law reports, to which I alluded the other d iy, art) Very well calculated to mislead the mind and lo produce very un just, and coiwcuiicnlly , uufaiorable, inirrc sums as to the stale ot Ihe public, mind 111 the smitfwirn country fn reV.ird ioliiu Uv W 1lo'"iw'"fiu'a(ih' u Aavie.Uiri4k!ii. of the -dLto ..ren,.ir.,L subject, leaves th Mat to avoid a trial. Tha are suhiookta -our cftnlruL . Permit me just to read a marginal note of a case decided in North Carolina no longer ago than the month of June lael, where a slave was charged with the murder of a while man, and had been convicted of that offence in a court of law. Hi case was brought to the supreme court upon exceptions lo the Judge' charge be- lowtand jWjsdgwwi'W!iwrerm'd,H-mt ti new trial granted, 'l itis is the marginal nelci stating ihe principle laid down by the supreme court: ' If a whits man wantonly Indicts nnon a tlave. over whom he has no authority, a severe blow, or repented blows under unusual aireiunitancea, and the slave at the instant strikes aud kills, with out evincing, by the meant used, great wicked ness or crnolty, be is only guilty oi uiantlnnght r; giving duo weight to motives of policy and the necessity far mi-ordination. , "The same principle of extenuation applies to tlie boston slave's comrade or friend, who Is pro se 11L and bists.ntlrkilleth6ataaiLintM artthou l like manner, by the' meant used, evincing grout . , j . - i. ,, Wicaeuiicsa or crueuj. ; . r r-.- Now, I think I may safely challenge the world to show a more lender consideration for the passions and feelings of a human being than is manifested by that wise, moderate, and jn( rule wnicn tne supreme court tint l.ml U'nvirhv wnicn tne mo ot an tintortunain wasu saved, who, smarting under grots uf treafjujent had upon the instant taken the life ofa wFiitci man, ami wiin a weapon useiy to Kin, Kir,! we ought to understand I wish our northern friends to understand, that, in - dealing with this subject, they arc not dealing with inhu man relations of society existing amthtg a sav age people, but with an institution existing in a Christian lnnd, in which slaves are ruled by Christian master, In which thoir conditi.m m mitigated by the operation of Ihe prmcinlat of Chrittianity, and therefore there thouhl be no state of mind among our friend - of the north, lounded npon another and mistaken supposition unjust o us, and which, ' at litis particular jucture, is calculated to produce very mischievous result. - Hut then, sir, slavery must be. remembered and looked at in another point of view. It is with us "a fixed fact;" the origin of his matter of no sort of importance in the itiqtilry how thi subject is to be dealt with, In the origin of African 'Slavery here, as far a legislative action ia concerned, we have a eommon complaint a gainst Ihe northern country, before our revolu tion. A faras individual conduct iaeoncora ed, die only difference between ourselves and tha North ii, that their ancestor brought slave to ours, and ours purchased them of Uioirs. Here they aro three millions of them. v'They1 cannot be removed; tliev tunnot be amHiicip. ted. Tlinre they must' be; there tlie must continue as slave, - Whether it is desirable in tself that they should continue or not usUres. is a matter of no importance to determine. h cause it is iinpoesild that the two races ean r? exist uuUcr any othor re Ulions Hum those which' now subsist between them. It is no crime ngaiual humanity to maintain these relations; for I uV fy tha wit of any man lo point out say cliaugs in tha general relation of tht) slave population in tne ooiitn hy which their condition would not bo rendered vastly worse, their hapiiines diminished, their hardahip MicMitod, their food and clothing lessened, sad their cnndition mmle in every respect intolerable. We must. tl ion, hope limited to do tlie best we Ran. If ther bo wrong in the slave being among us, it is s wrong for which wti arcno niorernoonii- AO. 17. u!u-jiuujjjiu'n j11j11.11. -1 j..x..iiJji... j ...l a , -hie than our northern brcihron, V will not go hick agjin to. east .reproach apoa the an cestors of either; but m ths actual' hMiigitl!( lif the African race here, i the planting them upon our soil in a stale of bondage, ih-v are just ( much involved iuUieoilcnce tfull'titu 11 be aa w oursclvca. . - . - j . . Well, then, Mr, l'renidcnu - tl9 question arises for it is to ihi particular purpuee ihat 1 niaka these remarks chilli it iii we have a right tu k of our nort'.icra and northwestern friends and fi.Uuw-c;:ueii, iu rekvenco w tins suhjnet of Uver I 15 j'mg an witting instiui tion,lx'ing such a one a I have lUwrincd it bein,' alisol utel y tmtcasiry amj 111 c vihiUia,o far as any human li 'islatton can W hroufflit to bear, or any human tore-sight i to diseotisr, ihat it must continue what have ws a right, la, aak from our norihern f.iouiUt , . T , : lu tht first place, we havo a right (mask an cffociual bill forllie rccapturaoflugitiveaUves. That niutt lieat Uie, foutuiatiou of any jiacifi ealiiin pf H'cling bi-'twcca , the North and the South." Wi.huiit it, every attempt to aenlo the agitating question will be as insecuro und loiter ing a a hou-vo built without rai'.a'jl found- " aiij.i. ThU is a qujauon of right: this is a de mand fouudnl upon the ennsiiiu-tion: tlus i not a matter of qucslio or delwto. . If there is anv thing in the conttitutiun free from doubt, ditfieuliy or dismitts it is tli.4 lli.it iiwtrument gives us a right to have our fugitives surwud- crcd to us. II tlie consiuutiuii give tha right t - rr iliiv'iie-AU,.'j ii4iMAiy "eiuniifcef Vt right touuinand an etlectual , bill to carry oul the designs of tho constitution promptly, and u f.ir at human moans will avail, certainly.' Now, Mr. President, I tlcsire lo say a few words upon th subject of thi bill what it should be, what is iha remedy which we bars a right to auk, and which the constitution guar- ' antics 10 us. .. ''; In the first rilicn, I icnuik- that the tViimnr of tho eimatitution iksigned to carry out thl principle upon w hich thin part of ihe consti tution was founded ihat, although llio Stale existed uiulcrsepaniicoganixatiii,they should still be considered us one to this purpose; that each should rcpoeo. entire andabsolute confi dence in the integrity and capacity of tha ju dicial trilniniilt and legislation uf every other Slate to administer justice in r?gitrd to all its cituens and subjects, and thcrutor'u, lliat, both with regard to fugitives from service and fugi tives from justice thnro should be a imperative obligation lo reatoro the fespecljve fugitive to the jurisdiction from which they escaped, and make them amenable in every rtmpt ct to tha dntormitiationof that jurisdiction; !ial the two cases siand upon the Santa foundutionsv-and ... were intended to be governed by (he . aaoia . principles. The provision of lite consUtulton as to fugi tive from justice ia in UiPso.ward ; lfl "" "A person charged In any State with Ireitsnn, fehmy-er oilier erimn, who hall fie from juatin -and be found in another State, s'.i ill, on doiutnd . of the sxocutive authority of the Suite from which he fled, bo delivered up," to be removed to th Stato havthi IrtrisiliclUiB of the erlme.,- - - .ki'W'no-slmll hWfromjurieo." Biilau uvnocenl mwllrcingtrempertcuUinaimmeiierd on false grouud, maliciously protneuted, or to be tried by an arbiinry tribun il, is not in a itrivt ud prow: rr tens", ueiiing immjumer; yei, wiunn tne liieon- lug or he constitution, ; he fleet from justice! t. .1.: : '. ' ... . . .... . ho. bciiigcharged with treason, felanv, ofotborerinie. !"muoiiinr-of the-cttiitTtTition wat, that that jitrl-"" -iittuoa tliau ne innen to usys ill!) capacity ami Integrity lodetermina justly; and therefore when he floes from It, Whether In f.icl' guilty or Innu cout, ho is to bo treated as a fugitive from jiuliee, A to fugitives from somen, the eonatiiuiion : provide llni.i: " , ' ' ' . : "Xo nersnn held to MervicniirUSor lo one fti! nniler tiiolnwt thereof, escaping into auothor. shnll, In eonenfl of any law or rejrntatiun; therein, bti discharged from i:hservicorllior. but shall ba delivered up on claim of the ptrty to uom suvu tervicu or laour may un uue. The two aasea pre in principle nrjdsnlif similar. Th fugitive from itisiice is to ba ilchvercd sp hi the executive, who represents, in external tjnsactjbns, the justice of ihs Slate; tho ftigittJtu i.ihor ia to 1, d li vered up, on tho claim lit him to wlioui sued:, labor in ly be due, anJ eachis to b rcturneil to that jurisdiction to which he'is properly nuivivible; sal tlw qiwution whether 01m in gtiiliy or iho olliei' it rightfully a sl ivo, is not a question to botransfarrud to ihe juritdic'Lito in , which tho ' fugitive may ha found, ;.-".., Thi Mr President, was ilia view of ilioee who prwsrd the act of IV)3, In the litsl place, that act of 171)3 includs ;, utider die same suit- "" ute, provision in respect lo both of ihrs cases. In tlie next pUce, it authoriite the de livering up of iha liigitivs from" justice, upon the transmission of evidoncs to show Unit he ho boon duly eli ti-gcd in Ihe Suae ftom whirh -he escaped, and to w hosn jiuuoo hn ought to bo amenable. -Ami, inreg;ad lo a fugitive ' from labor, authorises the master, hi agent, oritoriiey,to scixo or arrt-et such fugitive," hike him or her before any one of tho officer named 111 tha act, and upon satisfactory proof, eitlier oral or by hlHilavit, 1ut Ihe olllccc to to give a eertifiuata to ihe cluiniuii', his agent, or attorney ,"'.ii;A l.tttlbt wilkitut u arrant or removing tht taid fugitive front labor to tht State or Territory from ithinh he or tht , W." not shall be sufficient proof that the Lu-ra joueiivcreo up ui amine or. owes tno laboe lo the eluimiuit nor shall .soul:, or de- . icrniino.or ailjudicate the quemioii., JSo; that question is opn, to be culctl by llic jurisdic tion oC the Shite froro which lie escape. Then ho is to bs relumed. 'J'ht-n, if he w wroerful- ly uctumsd lit slaver), ho musit m ika hi ap cal to the propor Uibuuals. . Acivirditig to the -provisions of the , eonautuiion of the United Slate, as recogniscil in this stutuie, ilia ti their jlfajice airtl their iiupartialiy tho whole must b coiilidciL .. And, Jlr, 1'rusiileiit, it was ail-important that tuch aproviaimt should ha -inaile. , We know well tint fiireign Stales arc Mil in the hubil of surrendering liigigivttii front justice or from labor. Each Sum seenn In have considered itlf , baiielit jd, as it neigh." bur was injured, by it reooiving, couir.cuano ing, and entcrbiiiiiug ..fugitive from 'justices' ami when slave escaped, as tlie law . w Inch ' 'rci-iigiiiaed slavery was siricly u-iriioii.il in its opcmtioa,qf course this Stalls, or gou-rnnipnt. t't which ha escaped denied ihe riht to rcUiiii the fugitive, ll was, iherofore, iiiilwrn-nnldn to the formation of our constitution.il lnioa thai there should bo iiitroduvcd a provision by which thC ordinary pr.ir!u:c anil doctrine of Ntate in regard to both of ihcec eases should be reversed- provimvn by which ihe d'" niomic question tbiHild he It-ft to the iloiiii'siic Irihiuial- should n jl he trnu'circd to 11110 In r jurisdicltun by tho escape of die imliiulual, sut ulioii'.d in every raw h submiitcd lo ihe prop crdontostic jurisilicuon, hy rciumine I'.e lugi-'

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view