THE NORTH CAROLINA STAR
is 1'i mnMlt ivr.u.iv.
BY TIinMAS J. LEMAY k Nfl'.'.
'(bioo nearly opposite the Post DIECS.)-
Ti;r!n of Ihr Paper. ;
2 per ainam. nlnii paid is auv.vnce I
if piiili'-lit 'i delayed three ue.ntlis.
Trrms or Jdvf rlWni. n
Onnvpi.ro, li lute.) -fitst insei lu .1
,. !, i.n.Wpieut insertion.
Court wl-rs int judicial sdverlisomciits, ." per
cent, hilior. .
A deduction of .ioj per cent, for nilvortiseiuciiis by
tlie vesr.
lt-AII letters mel rmramueati..us must i.e p.
pv t. Ueraitt ue'
Ite nmde
'""" V ;.. ,.,, ,
, wtr.. wh.'.lu'.;,iV'r.;;r-s SJI"'-.. refuse it performauee, while m
T.es t.. Hi- e-mtrarr. are cnnsi.fcmHis wishim; to i hold you to the discharge oi every obligation
coitiaue their suliscriptiwis. ! imposed by the letter ami spirit of the eonsti-
. It ralnci il'ea ur.lei (lie -ii- '.ui'ice of Heir union." Ilovv could our connection be lull r;
p iper:, ttn.' p'l
Kilous in. iv
illume M'li'i mem -
itil airi-ai'ii;e lire lull I.
It. If see ieriher-i ncleet "i- n '
T.-1-u'r h'jel tie' "Hiees tu v!iiei t!
t iki"" tli.-lr
ire sent, tlu-v
n -..-ttH-'l 1111.1
del I re;. emihie tiM tll-ir hill- nr
tiieir paper urde'red to lie .lisi'otil.ime'l
4 Till' t'oilrts have .lei'iiied l!e;t v. H
aeiper "' peri" lie il l'i ' on tin-nl'... e. ..r rem.
7j ,,i, i T,.Svrn it u.K'i.!i.-.t vx; n trii.r.Kuitt
tvi Imec of i ri:Tio n. ritvri.
srf.Kcii or mr. n.UH.nu.
ON THE SI.MI'.llV QI'tSTION.
Dtllvtrtd i'l I if Snui'r, March, 18, lHfji)
ow, Mr. I'rcsioi iii, i nave sunniiie u nice
views to iri niieiiieii. anil those only, w h" hold
themselves hmuwl by ihe eonslitmioiml oldi - nt -
lions. If ilie s.-ntiui uits uili red 11,1011 l!ns
subjecT by ihe iMMmnniTi- rn n7fTroT!i"'Xr"v
York, (Mr. rsewanl) til" omerin;, ar- me S'ate in Hi" 1. 111011. I beli-ve they repudiate
s'litiinents of this body, 1 sheuld 110'; and 11 ), sr nlinnnls they h dd llicinsel'. es moral
1 believed them to be the si-nliineuis if this v allj eouM'ieiili.i'jslv bouiid by the stipula
bulv, I certainly should not have spent m , j,,ns in th-eon:i u'ion. 1 belicie tlf y will
lime in submitting any remarks lo the Senate, j i.,i,d re:ulv to en'oreo anv law which" t'ou
And if the sentiments lie has avowed h"re an' jn,,, in.,v i:isupon this subject. I. do not
the sentiments of the northern people gen- .,j,rri. i j, some gen'b uirii here w ho have
erallv if he speaVs ei en " the Hp'uiioiis . s;l; ;; ss W;11 ( , tliey will, it w ill
.m l feelimrs of th" irr.-at tnas ol Ins ' ,t ,., ,.y,,.i..it,.,." I h ive a very ihileri'iii
eoiistiuu'ii'.s in New York I say it is in . ,i:i;oii 1 ti.l.dlv ditli're.it opinion. This
vain to evpect lhat iniitual attaehiiient and eon-' 1 lW I11:IV f,n f i..c,'ninm in souie insiani' s;
cord can be restored between the dillen 11! ; (.v,.,.y ,vv .lues. In the eceiiii in.of this law.
portions of this country. hat does the S.ui- j ,jilSi prejudice, force may perhaps oec.isioual
atorfai! ! v jircveui in riglnlhl results; but I believe
" e ileem the priie ilili' of tlie law for tie' re-
capture of fuiiiie slui'-s iiiiiut. iini oii-titui
nl aiel iinniorul; ;nei tiu.s, while patriotism w
holds ils uiuMvl.alioll. tlie eoll-i iele es of
I pie i en-l"iiin it. Y oil will "a v tint tli"" eon-
vi.'tiousire ili -l-iyal. Uraut it. fur the sake - of
ariim oil. Th v are n " ertlieless ' honest: an l
l Urn k to be ex--ill 'd anion.' us; not union j?
you; not ov m. but by tin' i"'l''i' ! nut'i u-ity.
lias any pi eriiai -lit ever Mieeeioled iip-li inin
the moral coin i.-tioiis .1' titi siiMe "s by forcer
Hut these rfuivietioiis iinj.ly 110 did -.yalty. We
revere-n e tli" eon . : "ti.ti 01. nltl.'ur.h p'-ree've
lliis ibd'eet. ju-t a' we a -knowl-lle th" spb'l' 'or
Kui tho'po'Aer nl iiu!suiu-a!tbt)iuh it 'url'iee is
t.ivaihe 1 v I'.li h"i e and there 1111 optiipu
'.'V'e einiiot in our judgiiieiit. he eitt
Cii. istians or re il freemen, if we impose
tither a e'a.iiii 1l1.it m defy all hieu in piLvor ti
f isieu er. ourselves. You helieve nod think
ufh'rw'e'. a:i i doiilirl 'ss with eqmil sinee-Tty.
lVijill"' vo.i not mi l He nlon . who or.'.aine.l
tl . ,.o,....i..o.. .O mill, 0111I it en o ne loll ..an
niiu ,an.'.tA!.r. .L1.'", ".' lur'
tieui. in this 1 0 liliet! ilei
in ! us. w . tieui. in this 1 0 iiiieirilt'iii ih'T 1
ol von nu unreasonaote tiim 111 asKiiii: tiuit since
v u will have prowortv that e
11 air! will
ciiiha'maii jioweri t.i eif.,;t Us
".:". .ii 1.
,..,
Vou!i:tllci!.T.1'mt..'i.rin.'i..lsin.i.n"Usibletotl,e
security of a liuitto I rights ol' I'reeiii 'n? It you j
Will h:vv? tins U'.v ex ieuue.1, yuu luusi iiiuwui
not increase, i' s rry;ors
tho constilution devotes the domain to union, to
justice, to defence, to welfare and to liberty.
'Hut there is a higher law than the coiistitu
iiim which reculntes our uulborilv over the die
maiii, and devotes it to tin same ami noble pur
poses."
IN jw, sir, here is a distinct announceinrn',
impossible to be misunderstood, that llnugh
ihe pfihhs Tdr'U'T'ioiii "rllif'St-fiitfif sjiealiS
erencs the constitution, vet they eonsun r a
law for the surrender of fugitive slaves, pa
d in pursuance of the constitution, as a vio-
latioa of the constitution anil as unmoral:
Here is a di-tinct aniiouncemcnt that thev
const lur it as a (Jishargn -of ilu high dtitaes
ol' hosp':'aity , when they revive our lugi'ive
sla cs, 1 iTlaiii them, and withhold them
from us Here is an open and direct encour
agement on the part of the senator from New
Y'ork (Mr. S -ward) for slaves to escape 10 the
freemen of the-sNorth.aiid for northern freemen'
to nid lliciii in escaping. He assumes, ihen.
that all will 1 recdved with open arms, and
that the freemen of the North mil then fore
be considered u h iving discharged the high ' clearly what he ought to do either to pro
dutius of hospitality. Now, sir, if thai is the ' nounee sentence accor lint? to the law w hich
Case, how perfectly idle it is for gentlemen to ! he has bound himself hv oath to execute,
tatk about respecting ihe constitution! He ' or to resign his oliiee. liu't acco-dmg to the
who obeys the constitution only in what he views put f nth by the honorable senator from
thinks right, does not obey it at all he but 1 New York, he might continue to hold the
follows his own inclination; and he. w ho, h iv. ' office, and appeal from the law uf'tlie laml 10 lin
ing taken an oalli lo support the eonsiiiution j law of (iod, and vet claim to be a loyal sub
refuses to obey it because he thinks there is ; j, ct of the State and a faithful administrator
some "lawbov6 the constitution" which for- j of ihe laws of bis country, yet leaving a law
bids slavery, places himself in the same posi- -unexecuted while h" holds his place and re
ion taking for his guide his own personal ceives his salary. These principles destroy
judgment and opinion, above and against the the foumlations'of all law and justice. They
canstiuition, which he ran rightfully do only I five us a fanatical and wild notion, that every
after surrendering the office he holds on the I man in civilised society has aright to make
condition which that oath implies and intends
to enforce. Here, sir. is a key to open the
mind of the public to the honorable senator's
bill. His purpose is to extend hospitality to
fugitive slaves. Ho' aniiou.icei it to be im
morality to surrender thsni! and he then comes
here and presents an amendment to the bill
for tho delivery up of fugitives slaves, which,
of course, must ba intended to carry out the
views which ha has announced upon this
subject. Such a position is indefensible it
is immoral. Talk about morality! Immoral
for a man to hold a slave! Immoral for a
man to do what the aasnciats of l'aul, and
James and John did! Immoral for a man" to
da what the wisest and best men that ever
lived upon eartVhave done; and not immoral lo
oacti your arms, contrary to tlie express, sup,
ulatioiis of tho constitution, "to tha fugitive
saves nfyotir n.tighbor, to receive them, pro
le them, and thruw around them audi cmi
trtr.iiwt'.'i for waking their escape efleetual as
" ingenuity shall bo abts to disontanglo, and
at His s imo lim.ft to 1 taunt him wiUi t!iddar.
' "iftoni N itttftnaifr y on r own pol i
1 have aaid.Mr. President, if thes
olica officer!"
, if thesn aro the
sentiments and feelings of the people or the
North, generallyif the s3n.Hor from New
1 ork, Mr. 8?ward knows and freely expres
aes thair opiiuon, an(t purpu,e it i,,,,,
We haroioimy can be restored and the Union
Uem Bpon-ih.. subject-oui'the contra
STlh. I I . hes,ta,ion ocdaring, if Iht.
K nd brlief-if this i, the
' code of morals if this is lite feeling (if integ
j ritv which influences our northern fIlow-eit-'
iiens, directly or indirectly, 10 set aside con-
st totimtal iihlig3tmn;e and deprive u of the
property which 'wc hold if this is the pur;
poe lo be cirri cl out, it is scarcely desirable
that we should remain in the l'n.ion. "For
what docs thai state of things imply? It im
plies this: that the States are associated togi-th
er under ii common eimstiiu'.iun, binding tin m
t discharge towards each other certain
duties, according to th" terms of the consti-
I tiiliuii; ami jet say to lis, "We intend to ills
j charge' the amount of duty towards you that
! we please; for we reserve lo ourselves the
nsht ol deciding! when anything required nl
us is opposed bv moral obligations, and hai ing
maintained under this suite of things, with m
! public faith; no
sense of private obligation, on
'In
! .ii!
one sule to inilue", and no power on tlie
r to compel, th.' performance of eiimtiiu-
: lional duties? We shouht be left in
condi
tion nut uiU di'r.ii'iiiiLr. but dangerous to our
. pfeeiil. mehts wliiisl poIiiie.i imnioraliiv, baii
( nth, wot:!d render our iuser'uri', wortlih ss.-
' No li'.uj, under sueii eire inisiaiie.-s,' eouhl
keip n; lorether hut a ilei'psi'nse of the evils
( I j.ir;:.i. We should reniain null !. if at
all. no! from ina'inaiiou or duly, but iVoin a
; s:ern ii' cessiiv ::nt fi'i.Ki til.' hn; e of good
- ;4 m- oifrfflHTif,snfvi--'Mrt iirnrn-l:ln,-rlrrn4-wi lh
cousequeni'i
President, 1
ol thr sruraliim. Hut, Mr."
ivenot tlw: s:nalle(,t idea ill ahc
; world that the senator frm Nw York Mr.
: Seward. T tjieaks the opinion of the northern
TpeiVfiTe'gi iTi'riuTv, or iTiiif opIo'Tir' Ttttjr Tmr
f'Ttbj,! such a law passed by Congress will be a
i fi'itlhfullv and g uerallv executed in th" New
England Stales as any law upon our statute
books.
I doubt not that men there will iindetslam!
ih.i', tlriueh thev 111 iv etiter'ain an opinion
tin! a law js w ron.', ve' as a cj'izetl, tljev have
no rti'hl when i ilh'd to enl'onv it, lo act tinm
th or ind'i iihnl jmlain -nt of its merits just
as thev would understand this: ahat if one
w-re under sentence of d.-ath, their opinion
lb it tlie law was barbarous and ilie punishm nt
.atit-Ulv i.tHp.i'o,.or:i.o:i;il.e. to the. otlcnee .would
no! us ii tli -ir iiiiei'l'er. nee, forcibly or by
fraud, to prevent the execution of the s 'iitencc,
tin' responsibility of enaeung the law not being
upon them, but upon those who mad.' il. I
hHirreiherr'are m-iny there the great mass
of :hc p aiple, ahjiost the loud population
M'e a!U.' anil l ll ;.r t 1 apply ''' 0.1. 10:1s
'i,riiic'VilesTi ' tlie ii iriiiuiiaf " s iiTiTT-er "niiiTer oiii'
.,.,si,!,.rliion th" recaieurc ol Imriiivesrives.
f'Yrs, s!r, 1 1TaVe th.' Tiiiiest e.iufidciice in the
pa'notlsin. Hie inieill-uee, 01- ico-j.' 10 ju.i.n.e,
and stern integrity ol the grca' mafs ol people
at
North. Thev Mill s-'i' that whi-;li
we haie blaies or not is no concern of theirs;
th 1: il to ha-.e slaies lie an ulTeucc, il is no
'o!frciU''f'""'rTfiw
do not endure it. Atwl jit wore wrong in ii
self lohin'nrilv to surrender a fuiitive slave
vi !m had esc iped from his master, yi", as hon-
est men and g
01I ci. uein ihcv will leel tticm
to earn into eifect a law pas-
el.es hound
,., m
niirsuanee of ihe constitution of their
! conn Ire a constitution formed by common
tVy-Jn,,.! ;liuli:o';crmceVslon,, buiT' deSani'itfu-
giliies shall be surrendered
Yhv, sir. anv other doctrine saps the foun
dation of society. The principles of the seua-
, i,,- f,om New York renih rs it imposu to
; count u.d:i th" exec'i-ioaaii' anv lav. Tlr
judge upon th" bench miy say. when called
upon to proiiu iiice ju lg;n lit, that the act of
the legislature which it is his duty to enforce
transcends some moral obligation imposed 011
him by th? law of Cod. He may siy, I think
ih punishment immoral; lam of ihe opinion
that no oli'eucc ought to be punished with
death. What is he to be according lo the
: durtrinc put I'orlli hv ihe honorable senator
; lioin New lork 1 Mr. Sew aril: 1 1 coiicne
his own judgin:ita rule of conduct paramount
to and over ruling ihe I iw of his country.
Now, Mr. President, as I have said, no
gentleman w ho admits the oWigation of the
constitution, w ho admits Ihe obligation nf thi-,
article of ihe constitution in relation to fugitive
slaves, can deny the implied, irresistible fol
lowing obligation to carry it into execution,
just exactly wilh the same fidelity, good faith,
and promptitude, as though it contemplated
what, in his view, is the most desirable object
in the world. This is the duty. He is to exe
cute this great fundamental law faithfully. It is
the law to him. He swears to be a good and
obedient servant lo that law, and he has 110
riiht to render a less elToctual obedience be
cause he disapproves of the object of this par
.tieulai:wttf.lhif.sML'Misni
Therefore, I have submitted these oTiscrva.
lions to show that, according to the fra ne
of the ennstitution. and according to tho con-
'ruction put Upon it by those who aided in
in its formation adopted ' with remarkable
unanimity in both house of . fngress-sthie
is not a case for' trie! by jury, hut a casa -for
preliminary investigation before a magis
trate, under prompt summary examination,
unon aflidivit or trial testimony, as the case
may be to be followed by ddivering up the
fugitive, upon prima facie case made to the
s ilislaction ot tlio nlltcnr who has proper Ju
risdiction of the question.
Mr. President, with an effectual provision
nprm this subject of fugitive slaves, I look, for
a complete ana entire execution or mat taw in
every State of the Union, as well at tht North
as at the South. I count upon it w ith the
utmost confidence from the sense of justice
ami constitutional loyalty of the people.
The next question is, us to the Wilmot
Proviso. I shall not agitate the question. 1
have not much to say about it. I shall now
) ield to the motion to adjourn.
On Tuesday, Mr. tiadgcr resumed and con
cluded his 'remarks, as follows:
Mr. President: In saying, sir, that the" re-! permit me while I am upon that subject, to adoption, may meet upon a common ground,
delivery of fugitive slaves is sub) ret to the i Kay as I think I can say with confidence, not j Now, it seems to me that, after what has been
same rules as ihe sut render of fugitives froiu only for myself, but for every senator f.omisaid upon this subject by so many able and
justice, and was so treated by the constitution, . the Sniith,'that if there can be any portion of! distinguished gentlemen upon this floor, and
and by the Iramcrsof the act of 1TU3, 1 did j that lull liable to just or reasonable exception, ' particularly after theobservations riiadc ll'.eoth
not, of course, intend lo say that the cases j jte y i give opporlunitv for anv successful fir day by the honorable Senator from Msssa
were, in all respects, 111 all subordinate par- j fraud 10 entrap any person w ho is now free j chusetts, Mr. Webster, we ought to be able
ticulars, identical with each other, but that j nito a state of bondage, or lo ggf encourage- j to unite upon .-. proposition to drop the W il
they depended upon the same general princi- j meut or assistance" to kidnajsperl?1 ire will not j mot Proviso altogether. . The honorable scna
i!i's, ay.lyeri' liiilib- according lo the view j ,J y gladly support but shfcll e, prompt to :.t-.,r from Michigan Mr. Cass, is clearly ill
of tli-tWiirs of the constitulion and of that j propose every proper aineniiiprW. Neither j faior of having ni Proviso; but he meets' the
act, tia swmar mode of procoeding. and that , e nor our constituents desire aught but what 1 1'roviso upon the ground of want of coiistitu
a el nih-C'if the return ol a fugitive of either ! iuatk belones to us. W e w ish a bill w h eh al nou cr to annlv it: and as oihers who'inav
class was not to be submitted to (he liccision
of a jury. Nor when I said that il wasa case
to be iletciinined upon prima Julie evidence,
did I mean that it was lo be decided upon
sliL'ht suspicions or remote probability. I
111 ean; 'li s: 1I1 it it w as not a ease 10 be deteruiiu
i d upon w hat is called technically full proof, or
that amount and .struiifeiiev of evidence upon
...... .1. .. .. 1 1 ... ... - I...1:.. :
wuieua 11 11:11 jiiueuieiii .passes, com tuning .
the whole matter of right; audi mean, sir, 1
tolKay jhiU.touifei-4.f!rt.w.oui
consistent w ith the whole ol our legal notions,
and ih practice of all our judical tribunals.
Jur.es are neicr i nipanne'lid lo pass uiion a
quesliou ol right between parties, except :
whr-t the dncrinni'iti'm'.wMttiie whuU..4li.
judgment follow ing from 11 arc to be
leci-
si . e sett'emenl of the questions at issue.
to-
thing, in 111 v judgment, could be more absurd
meaning by that term, utterly inC'insiNicnt
with
II our leeal notions and modes of pio-
e.lun than to sav that a quesliou should he
deteriuineuVhy a jury in ihe Slate of N. York
iif til" State of N. liainpsliire, and a judgment
passi'd upon that determination, and immeili -
ally aliei wards be made the subject of . re -
ex 1111:11 ition bciwccn the same parlies in;
anoiler juiisdieiioii, w here what had been ;
so ileieriinned would not be admitted, and ;
ougiii 1101 10 nc auiniiieii, as ever prima yneic secure it, an I 1 wish the Hearts ol all Hie peo
evideiiee of the truth. The Inliuual proposed ,,1 . (,f ihe United Slates were in ihe a line
by the amended bill of the honorable sen-'
ator Iroiii irginia ilr. Mason is lair, just
and adequate, ll consists of commissioners I provisions in other Slates; bill in my own, so President, when the power to adopts meas
appointed by the courts of justice, by judges careful arc our courts, and so careful have they J pro is admitted, permit me to say that very
separated from -all the ordinary influences always been, to prevent undue nnvanlagc j iuc is done toward ascertaining tint it is
w hich may pervert the judgments of men; j being- taken, w hen this question of iVrmlinn is ( proper that the power is exercised. An abuse
and because selected by and amentililn to ; raised, that Ihe fust thing the courts require even of an admitted power is not only
such judges, thccomniisioners themselves will k, that tfijp iilleged master shall enter ililo bond jjusl ground of complaint, but under circum
be removed from such iuflufiiws. The judg and security thai lie will not remove the slaves stances, it may be just as lair and rcaSoiuVbtc
es theins lies hold their offices by an indc-j from the Slate or beyond the jurisdiction ol a g.-ound of rusislance as if the power ex
pend 11: Itiiiu'rc, and have a coinpcnsation be-1 die court, until a final decision shall be had, ; ercised were usurped. If oar g overilinenl
yotiil the .r.at'h. of . executive, ,sr lcgilaliyela;id..iu the mau.. time will aUuw- .him-toUtiil j wenrtr -siniplri 'tlr9iiitrm,"i'f iill lljfi'iSwefs'oT
power. Jndires In ing in the free Stales can- j ih3 iriat 'T his cause and treat him with ha-. all its branches w ere centered In the hands of
not be '.".jipo "..-il to hue any unfair bias a-1 inanity.- on:' single rule, it could nut In said on any
gainst the el aiiiiiin's of lieedoin, and may j This, then, Mr. President, is n provision of, occasion that he usui ped power; hut if he a-
sali ly be Tinted with the -selection of conimis-,
sioucra.. 1 ni:si: c-17 iimysiiniTS are not requireu
to give judgment according to the mere
facts, as sworn in an allid ivit, nor are lliey
hound by th" form and appearance ol any
leelnne
il ev idciice. 'I' hey are 10 hear .aud ;
ili'le.'inine the question in a summitry way it
is irue, hut still to hear and determine not
upon rx parte: evidence, not aceordin r to af
fidavits 111 a prescribed form, but upon aU the
ei idenre submitted hv both the parties. The
evidence is to be directed to the three nil-
'prWr - tfie
linned a fugitive' Has he actually come
from t Ii r Stale whose citizen claims to have
him aiii reiidi redf III the next place the ques
tion is to be examined
the person so claimed
and determined, does I
owe w;rv ice or labor ;
in the State from which he has fledf In the
third place is that service , of
611 es due io film who makes this claim? I'p- ready to acknowledge lliein, prompt to dis
on the establishment of these facts lo the sau sharge them, (I claim nothing more for them
islaciion of tlie commissioner, the surrender is 1
to be made, ll is not, therefore, the ord.na-1
ry case, 1 ne surrender is not to lie inaue
upon thai d' gree of evidence on which one .
charge! w..li crime may arresteu biiu
bound over for 1ri.1l For that purpose even
prima fw it evidence is 1101 required, but rea
sonable ground of suspicion is enough.
Here prima fiieic evidence seems properly
10 be calle I for, and under the bill will be re
quired. Hut full proof is no', and ought not
to be dem 111 led. So far as I know il is n.ver
required, and in my judgment, ought never to
be require.!, except before a tribunal aulhor
zied to make a final determination upon the
question, and settle it upon ils merits between
the parlies forever. This proposed enact
ment, is therefore, a well considered and well
guarded provision, preventing, as far as hu
mati foresight can prevent, all reasonable ap
prehension of itijuslic.', fraud or oppression.
Jt is certainly free from the objection raised
by the honorable Sen itor from .New Hamp
shire Mr. Hale, that under ils operation,
a resident person, a citizen of one of the nor.h
ern Suites, might he seized anil transfered
to the South as one held to service and labor
there. If a resident or citizen, his resid men
or citizenship must be capable of easy pnxrf
before the commissioner who is to near anu
consider all the evidence.
This bill is byjno mians s.i liable lo misappli
cation to improper ptirpoies as the conven
tions for tlie extradition of criminal h"twf rn
the United Stales and foreign countries. Sac,
sir, how easily tuore easily, certainly, than
this bill these extradition treaties might he
us-d for purposes for which they were never
deNigned. In the treaty between Ureal Britain
and the U. States, one of the oflciiccstor which
a fugitive is to be delivered up is an assault
with intent to murder. Now, wei know lhat ac
cording to the law of lhat country, as well as
eur own, an assault made upon a public offi
cer while in the discharge of his public duties,
if intended to produce death, or likely to pro
dmto death, is deemed an assault with intent
to mu
litical excitement lhat are'conlinualty agitating
the popular mind in Ireland the people of
Ireland seeking after what they demanded as
justice from the Ilrilish" "government, what
'UreatQritain refuses to grant heror denying it
to be justice there should be committed an
ssall!t upon a public officer,, charged wim
the execution, of the laws, by an lristi mil
content, who should make his escape to this
country; and suppose that ha is reclaimed
upon an affidavit, sworn in Ireland, charging
him with the offence; under the tresty, and 1
the law to carry it into execution, he must be
surrendered. - And when carried hack under
this charge, what hinder his being put upon
trial for a political pffeiico, lo which! this gov-
eminent nei ex. would have consented lo ex'-und .
it? - I
I consider, therefore, Mr. President, that. 'of possibility that any such measure can
the amendment which the honorable senator I be adopted. I have no ultimatum to propose
from Virginia Mr. Mason, proposes to in- upon ibis subject. I go for tho adjustment
troduec as a substitute for that reported by j oi ihis question, and for moderating and 11
thc Judiciary Committee, is, in its general j ting don 11 the excitement upon each ami every
scope and proi isions, free entirely from oh-j topic connected ' with it so thai, if possible,
jection. If there are anv amendments m 1 1110 ierate nicn, those w ho are not extn nui.
matters of detail w hich il may seem to requi.r, th sc w ho do not insist upon pressing their
thev can easily be ciurral'teii unon it. And 1 awn notions in their ultimate extent lo "actual
w ill insure the rclum ol our si.ivis, and not
end iiitrer the rights of freemen. And we look j
with horror upon every contriiaiiee or atlettipt j
to bring to ihe condition of a slain any. man t
who is now lice. ,
Yes sir, and 1 w ill $ iv, after a practice of 1
more than thirty years at the bar in a slave-1
holding Slale, lliat I have never knoivil an :
instance Mint 1 have
never heard of an
siance in which an action was brought by a
W
the purpose of trying the question ol treedom
or slavery, in which there is the slightest
ground to suspect 1111f.1ir11c.1s or bias against the
phiintill, or, I may say, on the contrary, thai j
thwbanv-reirnm rrre-mirrihi - W'm -
jurors, it is 111 favor of him,-who, upou proba
hie grounds, sets on the claim ol Ireiilom.
I
ipea
the
k with eniire coul'eUnee ot tin so matters
are m my own State, and I presume
what is true of North t 'aroliua is true ol every ;
e (1f the slareholdiug Stales.
j Scleral Senators. , Ctfiaiuly, eerlauily ,ci-
. cry where.
1 Mr. Hale. Th" sympathies of ihe people
larc against the l;nv. '
Mr. Ituilger. Aiosir; lh"y are in exact
cordance Willi the law; The hearts of
people arc in favor of the right, and the laws i
proper condition.
Sir. 1 do not know what arc the particular j
law for the recovery offugiuvc slaves, which 1
we-think it is absolutely necessary should be
adopted. It is Dint liii if! ricii tl v guarded to a
yoid ilijusticc.to. all. will) Jil.ay.be Jalsclj' claiiti
ed as fui'itives; and it seeiin to me sutlicient
if fairly mi hourly carried iuto eKuuuuon-
I il. 111 'tl hot it will' be So insure to (lijsc
who are really owners nf slaves that have
escaped fioin the Sjiitc in which Uiey 'lived
a return of their iirujierty to them, and an ul
timate devolution, il there he any doubt in
the ease of the ultimate question of freedom ;
of the subject and rightful authority to settle
the question. It is to return tins question
not to a set of .savages.
cot to a collection j
of heathens not to a people w ho are inseusi
hie to the claims of humanity or to the power.
fu though gentle influence of our religion
than lor our Iriends and IcHow-citiz.ui who
live in the northern portion of the Union.) as
any people on earth rur all this wmcn
We ask we have the guaranty of the cunslilu-
Hon. 11 c rest not our claims upon the gen
erosity or magnanimity merely of our north
ern brethren though I feel that we might
safely rely upon these hut we rest it upon
strict right we demand il, and appeal to their
sense of justice, pledged to us in the funda
mental law of the laud. It seems to me
that, upon nery liew of the subject",' Ihis
measure should meet with t!nleeided appro-jof
nation of all friends of the c institution that
there should be 110 attempt to clog the pro
vision with such arrangements for delay
and expense as must in the ordinary course
of things render the measure utterly inefficient
uselrss to us for any practical purpose, and
calculated to irritate and inflame the sore and
excited feelings of the South by a false show
of (minting u-hal i in fact denied.
! Kt. 11 ;.i ...;.l, .1 ,.. ,l. iv;l.,...i
Proviso, I will endeavor to reduce what 1
have lo say withijt: narrow compass.
In the first nfeceVl will remark that my
own view with jegarlNo the proper mmner
of arranging tliNvJuSenlty is, and ha always
been, that we should adopt and carry to the
Pacific ocean ihe Missouri compromise line.
I have thought lliat it in itself was a just and
reasonable settlement, commended Pi us, he
sides, because it is an old measure hereto
fore adopted wilh practical results of peace
and quiet to the country, and having therefore
as 111 jeli of that kind of reverence which he
longs, to old things as can well he found in a
nation of so recent orign as ours.
I have prefened it also upon another ground.
I believe that our country is loo large- I was
utterly opposed to the extension of our do
mains which resulted from the ratification of
the treaty with Mexico; I did my best to get
that treaty so amended as to exclude all ac
quision of tcritory; I voted against its ratifica
tion, because of the acquisition, and for no oth
er reason. And, Mr. President, believing that
our "country is too TargebcITeving that our
danger lie in an indefinite extension of our
limits a prematura expansion of our popu
lation, a weakening of all the central parts
without adding real strength to the ciri umfer
nce, I should delight in swing 4ht -. MiMU,fi
compromise line applied, because t believe, it
would close the account of acquisition of ter
ritory, on the part of our government, forev..
ii-1113 cnaracieroi icrniory, wnieti ntigtit
be acquired north oi south of any given hue,
were fixed so as to fall in wilh the view or
interest of either pne 0 the other portion ol
the Union, a constitutional maioriiy, in iny
judgment, could never be proffllfed in this
body for the acquisition of any territory, N orth,
South, East or West And, sir, I mention
it because I intended to state frankly my own
iews. I do not supposs it within the rrach .
ilesire to see it applied, ilo not enu'r into and
adopt his particular view upon the subject, of
course Ihe opinions anil judgment which he
gives ibj (ml have, upou tills iUiallon the
weight . to w hich hjs high and eminent char-
acter so justly entitles him. Hut from the
senator from Massachu cls, we havea re,ason
liir dropping this odious Proviso, w hich may
te reeeLveil anil acteil on by rvery man, what
ever Ins views of the question of power may
bii wiaWi nohrtm" ' -tir the -el'ghwst.ih'grcFi
ihe notions of legal right or appearing to sur
render corstitulional authority. Now, sir,
1 ;uu ouc uf those who believe in the consti-
lulional power. I have had occasion to sav.
an" hartrTmlcsTomt.'itrt fit m;l WSi MXi
to
prove it on the floor of ihe Senate. 1 have
said it at lufine; 1 have said il everywhere;
I have said it at large mass meetings; and I
choose to say it again, because 1 have no
concealment upon this subject, and I beliei e
thai what I aim al cm be best accomplish-
il Uy frank, avowal of - tlie truth, so far
j as I liuderstan I il. 1 have said h, and 1 say
u again, that Congress has the constitutional
! novver lo apply the Wilmot Proiiso to this
ac- j Territory, and alt the Territories lliat belong
tluMto the United Slues. 1 believe that Congress
ha, entire pow er and jurisdiction over the Tcr-
rilories; th.il we ant the supreme lawgiver ri
ver them; may dispose of their institutions as
we think right, and let 111 ami shut out just
whiun and just w hat we please. But, Mr.
bused the powers thus c.mlided to him topur-
poses of. uuptcssiiM itud injustwe if his nV
ministration rendered property insecuro and
!iA;..!.,.'.M.'l'.'.1'.;.L.!,I?-" .'''.'j. ,.!.uL;ij.t (Ituil'lilLn'rc wuulJ
be the same r. ght ol resistance as if Ihe power
thus
unjustly at il oppressively u-eil had brai
led, insieail.of having been conferred. Tilt!
ilvirp
oiie'is a case of unjust seizure of power; tho oth
er is a case of wanton disregard and violation
of the cunliileitcci upon which the power was
given
()p.
One, is violence; the other is fraud.
open rapine; the other is breach of
Now, sir, it has be-n said, and will said
truly and philosophically said that "the as
sertjoii of extreme' right is always odious." In
political matters such a.i assertion ol extreme
right, such a resolution to do whatever we
may lawfully d, to th- utmost extent of our
pmvif'lasstollytoo' tti'al'wayls mds-m d-rsper-Usui,
llis a principle in the private business
transactions of life lhat inevitably terminate
in dishonesty. He who sits out in business
n.ius ic.iona of life with the fixed, indexible
resolution always lo obtain to the extreme
every thing lhat is due to him will ultimately
prove lhat the maxim is entirely inconsistent
with integrity, and he will end by seizing things
which belong to another. No pawer in any
government, and especially in a government
like 0111 s, should be exercised, the existence nf
which power is denied by many, and the pro
priety ol whose exercise, 111 a given ease, is
doubted hV still more, unless under ihcinlluencc
strong reasons, and for the accomplishment
of justifiable and important ends. If ihis pro
position be true, I ask upon what footing geu-
lleinen call propose to apply the Wilinol I'ro
uso to the Tcrrilories lo which we hope to
gave a form ofu'rritori il government? What
is the important end which is to be attained as
a consequence of t f (icnUennn tell us on all
hands that in point of f.u't sluvry cannot be estab
lished in ihes.i Territories. Many gendemen
tell us that ill point of law, slavery now stands
excluded from those Territories. Well now,
sir, I have said, and I siy it again for I do
not conceal any views I may entertain upon
this subject that I belong to lhat class of
public men who entertain the opinion, and
have a very strong conviction of its correctness,
that tha civil or municipal laws which prevail
ed in these ceded Territories .aliho time they
passd into our hands, whether such law re
late to th existence or the non-existence ol
slavery or anything else, continue in force
that they aro not repealed by any silent and
necessary operation of tin constitution, and
that they runtime unt.l the conqueror, until
the LiitodHutcs, acting through the legislative
department of the government, shall think
proper either to repeal or modify thoso laws
or to commit to some subordinate legislative
authority the power of doing it. Hut there
are many geuilcinen perhaps tho majority of
southern statesmen who entertain a different
opinion from that which I have expressed
upon this constitutional question. They
think that .these law re.jypcrscfkd. .by the
silent operations of the constitution, or at any
rale if limbing i done by Congress to put them
in force, they fall as being a part nf those
political regulations in the conquered countries
inconsistent with tho general schema of our
fandmtw.tl la w - r - - r- -,-.-. ,
Now, sir, in this state oT divided opinina as
to the legal right to consider slavery a subsist
ing institution, recognised and protected by law
by the constitution, in these acquired Territo
ries in the generally concede,! opinion that
there is no likelihood, in point of f ict, that
slavery will sver reach tliaait Teriitorie, what
mauve cm be assigned wh it reason which
addresses itself to ths mind ol the statesman
can be uracil why this Proviso should be
adopted? It ii n il a provision which is lo
exclude by its fo-cc from the Territories what
would other an be fonnd there. There in.
inereiorc no cmi 10 oe acromptisiiea lor wmcn
it Is necessary there is no result to be
produced by it that will not come without it.
There ran therefore, be no strung or justifiable
reason for applying it to these Territories.
And then if 1 am correct if the general view
which I have undertaken to Iny Uown as to
the proper qualification upon the exercise -of
disputed powers or even admitted powers
is a mode exceedingly distasteful to a large
portion of the country it would seem to fol
low clearly that this Wilmot proviso ought
not to he passed. Why, sir, must it not
he understood and" cannot genth'men see lhat
it cannot be otherwise , than understood by
the southern people of the I'm let I Slates, a an
exercise of power for the mere purpose pi
manifesting 'superiority, es a wanton doing of
that which is offensive and at, the Sim? Iiiiim
useless as involving iii-Trsetf an msult and
indigily to those . w hose wishes upon this
subject arc outraged and outraged causelessly"
por one, I think il ivouhbe less offensive to
southern, people if il were an admitted fact,
that according to the law of "Mexico, African
slavery existed in these Territories anil the
Wilmot Proviso should be adopted. That
would be doing us what we "should deem a
wrong; hut for it some reason might bo as
sailed, and there would be an object accom
plished by it.
You might sav, "YVoJeem iof high impnr-
msse th!itlsw should nnVwisHw thewr wtv
ritorics; but it exists tliere how, nod, without
prohibition, will continue to exist; and howev
er disposed we may be to gratify your feel
ings in this matter, we cannot sacrifice what
We dceiri'W hiVpoto
er.ition to accomplish that purpose" Bui
now the adoption of (he Proviso stands with
out reason and. without excuse. It is a mere
assertion of superiority: it seems lo involve in
il sonithing of taunt, of insult. It conveys to
southern people an impression of unwilling
ness TO gratify theri1 wishes; or-savn their feel
ings even when by so doing, nothing) is lost
to the majority and 110 advantage is gained hv
us. - It is idle for gentlemen to say "we m-11 1
it nolasatijusull." ll is unnecessary, if there
is no reasonable ground for supposing lhat any
thing will he accomplished by it that Will not
he acconiplis.'icd Wilout it; since you know how
w e must regard it, patriotism, statesmanship,
the recognised obligations of good neighbor
hood, raqniro you to forbear.
Now, Mr. President, supposing this. Pro
viso to he .,aJoptod,rlhe quesliou, uaturallv
presents itself how"woulil it be fecievrd by
the pooptn of tire strath urn staten? Of tho
southern states generally I undertake not to
sp 'ak. Of their sentiments and opinions I
know'MOiliinrcxcpyrrlTmhc'itr' from"
what is :iid by ihe represeiitalivcs here, and
see thein shadowed forth in the resolves of their
primary mrwin;
if wo may judgu from these iiidicalions, tin
upplic itioa of Ihe Proviso to tlieSi Territ iries
will be considered as a wan in violation
of tha f'ehngs of tho South, 111 insulting
txereiseiif jmwer; amli howirrer t msy: Of (hay
nuL.h.9rejisie.d by puiward actio 1, it will .lit
.jkcplytgsniiiwil in- -tlri imnyar:ti'eSni(i' of a
largj portion of the psopla of the South who'
representatives
hern.
Nor, .Mr. President, must I forget thai, it
considering the, elfecis which this Provisi is
likely to have upon the condition of Ihe s mill
er 11 mind, we must look t what has been said
by nothuni gentlemen in connexion with thi
'-mm."'PerWfr
Senate to a very brief extract from a speech
uelivend in the other end ol tne I. apitol:
"In conclusion, I have only to add that such
is my solemn and abiding conviction of the
character of slavery, that, under a full sense
of my responsibility to my country and my
-Umt 4 dolibeTRtely' wiy better tdinioff"hct
tera civil or a ivrvile war better anything
lint God in his providence shall s"iul, than an
extent ion of the bounds of slavery."
Several Senators. . Whose speech is that?
A Senator, Mr. Mann'.
Mr. Itadger. We hare heard much Mr.
President, of the violence of southern declama
tion. I hive most carefully avoided - resiling
the speeches of southern gentlemen whi wero
supposed to bj liable to th it rhargJ. I hap
pen :d, however, 111 the early part of ihis session,
and hclore the other House wa organized, to
be in that body when there were some burst
or feeling and denunciation from southern gen
tlemen, which 1 heard with pain, mortification
almost with anguish of mind. Uut sir, these
were bursts nf feeling; these were passionate
and excited declarations; these had everything
plitell Jor llicm as being spontaneous and Hon
eliwjliiions of men burning atthe moment under
a scflsa of wrong. And where, among tin
will you find anything equal to the ciol.ealm,
deliberate announcement of the philosophic
mind lhat delivered in the other Ilous.i thi
passage which I have read: "Matter disunion
belter a civil or a sarnie war bettor anything
lhat (iod in his providence shall send, thin an
extension of tlie bounds of sl avery."
In otliir words, it is a deliberate, iittlpd.
fixed opinion of the honorable gntlemin who
mule lint spejeh, thu rather than the exten
sion of slavery erne foot yen, sir, there is no
qualification, one fool he would prefor all the
horror of civil war, all tlie monstrous, untold,
and almost inconceivable atrocities of a servile
war; he would fill the earth wilh deadt h
would light up heaven wilh midnight confla
gration: all tho vials of wrath which Ood in
his providence might see fit Id pour down upon
us, ho would suiter, rathor than permit, not
one man who is now free to be made shve
that would bo extravagant enough but rather
than permit one mn who now stand upon
the soil of Nurth Carolina slave to stand
slave upon the soil of New Mexico!
Yes, sir, here is s sacrifice of life and hap
piness and of all that is dear to the black and
white raccis togoftW to a mJfO Idealism a
tucrtfiije onposoj by a gentltimaa who cUintt
to be a philosopher, and to speak the language
or calm deliberation a sacrifice of our glori
ous Union propoied hy s p-itriot--not rather
than freemen should be made slaves not rath
er than the condition of even mia human be-
but rathar than one matt shall rsniov Ifom
one spot of tho earth to another without an im
provement of his condition without pissing
troin slivesy to freedom. Htr. alter tha! an
nouneemcni, thus mads which I beg to say,
sir, I did not seek for the speech I have never
r.ud; the extract I found in on of the now.
naners of th.i divafter tliat aniinnncHinenL
talk not of irtu'.hcrn rg.ilism, talk not of our
disposition to sacritie.j 10 o ir peunliar notion
sou oar peculiar reiauons ie it-itn- ana Hap
pincss; the growing prosperity mud the mutt
al concord of this great .11 nion.e Now, ir, if
that announcement goes abroad into tlie south
rn country atletid sl by the wanton spplicatioii
of this W imot Proviso, an irritating commen-
tnry iiMinthat patriotic announcement, what
ean Iw expected? Whaf but the deepest ems
lions of indignation hr the bosoms of litosc born
and brought up whre slavery exist, and tsrk-
ing totally dill'errnt views of the iostitutioM
from those which are taken by the honorable .
gentleman .who has placed himself upon this
cool snd deliberate, humane and philosophical 1
position. f" : ;J
Sir, we know, with regard to two or more
of the southern Suites, emphatic pledge hat
been given, through their legislatures, that rant
mode of resistance to this Proviso will bet- '
dopied. Now, what is to bs the result of the
Nashville Convention which lis been called
for June n?xt, shtild that bady assemble and
rind matters in their present eondition? If no
hill shall have passed to do us justice, by af
fording as far as the law ean stford it, ths ef
fectual restoration of fugitive slaves; if k bill
shall have passed, or be likely to pass, wilh
the insult of the W ilmot Proviso eauselessly
and w sn lenly iiistirted in it, sfief tfclHiMiii- :
merit made in the extract of the speech which
I have just read after the announcement
made hv the senator from New Y'ork, that so
far from ihor ebeing an obligation lo restore to
us our. fugitive staves, the duly of hospitality
requires that thev should he received, kept, sad
Ti-wiir?tf ft'tim
which requires their restoration to us ti eontra-
ry to the law or Uod.aml not mnatng tit fon-
science; still more thoso who visit our shores,
coming under the protection of the American
nag within our junsJiem
lion of our laws, seduce our slave from as,
and carry them to the North, shall not be sur
rendered up as fugitives from justice, boos use
the saini h'gh and overruling law which put
the constitution down and mikes it a nuitity.
has c inverted what we call a crime into a
high Tneritorlour act "uf
vention, meeting unq?r such etreumstaneea,
what miv b what or.mablv will be th tsn-
sequcnees? I s iy it not becau'ss I wish it I do
not wish it the canviction has been forced
upon my mind by evidence rcluctanUy itsj-jiyed;
and therefore I wish my friends around.' mij1 to
pay for that reason ths" more credit to what I
sayjf that canvention shall meet wttiler suclt
circumstaticsa, in myjudgme:it ths Union i
l.'oin that day dissolved. 1 do not say Wit
dissolution will follow instantly I do not say ,
bin a connexion, an exto. aal - Union . jpav.'ba .
miint lined, and linger on for a -few yrjsr
letigf r.H at "ttiB mrtinj" xnf rtaV-foitvtitttoii
will be to our instun'ton, in the language 01
Napoleon, "th beginning of tho end" -it 'lli
fin thcmil
urea, North and South, as will result mi eon
vulsinr us, fir lhat tin ills to which wo- fly
'cilfliJoT ittutir jndTmrrrt ir4 those -we hearf
an I thus will put upon tha people of the S0111I1 ,
thi neeassity, Ihe painful, hard necessity of a
dissolution a final separation. Now.air.why
do I take tins viewi In the lirst place, tno . .
tntiiig of ilti''Kibg ilW "" C'mir)itllwi jsaiBWHs
ilaCiCA arSUvp towiwik-w " jt.wi'iA distinct -
organization ol tlie :iu!hem Slates. 1 lie very
movement stiparales thein for 0 time, fn pur
posiu aud lnUf,:Twn ithai-g .
population of the country. They meet Acre
for whaf piTrpo3To"POfiiil'r, ; todelibW1B,tcr "---
dehati what? what course of action thai! by
mutual iighcm?nt be taken by tho tStatM whom
llns enivetiti.m wiH--tpresiitI -wtat ier --
nf resistance, what modi of rcdresgjJNow,.
siVrfiniiMa
in all breakings up of the ties which buidua,
tngathec, the first step is one of great difficulty.
It is so in the married state, Tha first wanton
and public outrage on tlie part of one toward
the other ol the parties 1 easily lolloweo oy
sucli steps as end in total and thorough estrange-
w3trTreiirinWawp"p
proposed which look lo a separation of tho L'
nion 1 have no reason to suppose- that any
will bo proposed looking to that a an objoet
I fully b-lieve that that convention in Missis
sippi, whir.h terminated it uniottin thoeall
for this convention, was influtiiiced by high
and patriotic motives, seeking to preserve awl
nit to destroy the Union. Ill wanted ny
thing in satisfy me of that (beside abund inca
of other reasons which I have.) tho rery fact
that the convention was prosidrd over by the
venerable and venerated Chief Justice Shark
er, a most learned jurist and patriotic gentle
man, would b su:lrent ji ul3. -M"t hea. "r
we hive asccrlsitiedw'hat people design by
any particular movement, we arc fur, very far, -from
having ascertained what they may ac
complish by it. Now, suppose thir meeting
should rssolro Ihtt, by a common noneurronc
of tho States represented, common laws should
he passed, police regulation he adopted in
the slave Slates of die most irritating and offen
sive kind toward the horttvern portion of tha
Union: such a entires will not appear surpri
sing, if we hear in mind the fact that slaves ara -., .
constantly taken from our port hv the vosacla
that visit them for ilia purpose of comiriorect
thus taken, they are withheld from uvaadi
their seducers are neither lUscountcnanced at
home nor restored to n for punishment; and "'
tint a flagrant wronj on one side naturally
provoke to measure at once nf protwition and '
retaliation from the other. Rut, Mr. Presi- .
dent, the moment these Suite, by mutual cam
pact and agreement, have corn's to a resolution .
to adopt a particular eourse upon ihi subject,
they have W't tha platfonn ot'ih constitution;
they are no longer upon it, because the consti
tution expressly forbids a State to enter into
any compactor sgreenMint with another 8tat
without the consent ofCongress, "When this
step is taken, tho process is easy, and need
not be traced to a final dissolution of our pre
sent Union. And therefore, in the eventofiha
meeting of thi convention, wilh the slavery -,.'.
question in the situation I have, mentioned, I re
peat, gloomy apprehension of what may bo, mil
most proliably will be, the result apon tha dea-
tiiiie ofour country. Forvo, M r Prusidea.t.cau.
not keep the Statos of thi Union together (
cannot preserve the constitutional Union.
disiiiieily adm it what was said by the hornrabfe v
senator from Massaohuselt, Mr. Webster,
that no Stat ha a right to sec-da from thi
Uoioa;? ia4iiiiroaya
looking to perpetuity, make no provision di v "
rocrty or indirectly for tha separation of ii
parts, v Hut, in point of (net, from the very na
ture of our institutions, th 1 State cannot be'
kept in union by force. The majority orths
powerful portion may conquer and reduce to
subjeclioB ill other, but when thi is done th
State art not in union, the eonstitulional con
nexiou fa not restored. It i then the prta-'
do of a conquered people submitting to suryx
r'tri..1!.?.0 .Hs.S ,f .!Tcav,toijtHiocgoN .