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330 Cong....20 Sess.
The Tariff Question--Know-Nothings—Mr. Straub.
Ho. OF REPS.
as a inan.
of this opportunity to refer to my native State; To evade investigation by examining into the
He was no man of change. He would, in what but I am sorry to confess that the reference is to facts connected with this sham loan, the bank's ad
he had to say, endeavor to treat every man in the proper
spirit. The gentleman from New York (Mr. Peuty) had her adversity instead of prosperity. Truth and vocates will tell you that the money spoken of as said he (Mr. L.) had come down on the floor to speak. justice to the people of the glorious old Common- || being on deposit with her was otherwise appro- Mr. L. said, if, when he took ihe chair as Speaker of this wealth demand this at my hands. Pennsylvania priated and provided for. If so, will those wise- House, bis constituency was to be deprived of his voice,
forever begone the honors of the chair. He disclaimed is now groaning under the heaviest debt of any acres be good enough to tell the people how it
that he asked a single vote to place him in the chair of the State in the Union, it being over $41,000,000. came that, by the showing of the bank herself, House. No one had a scrap of paper from him containing The principal part of the annual interest on this she had, at various times, from $54,000 to $56,000 any pledge. Thus he denied thai he had deceived any one. unprecedented weight is drawn out of the labor, on deposit, long after she had loaned the Siate the Whenever spoken to on the subject, he had always replied sweat, and blood of the people by direct taxation. | $50,000? Look at her own report and you will
that he intended to leave the matter to the Whigs of the
House. He had not wanted to be returned to the House, Many devices have prevailed to place her in this find that $56,433 99 was in her possession on the but his party friends insisted upon his receiving the nonunfortunate situation. I will, at this time, speak first day of August, 1854, eighiy days after the ination, and he took it. but of one aggravation and imposition among the loan was authorized to be made.
“ As to his connection with the Know-Nothings, he would
lell all be knew of it. Last March, while a member of this many, hoping that it will induce abler hands ihan I will simplify this transaction, by bringing it
House, some of his friends asked him to allend a lecture. mine to expose others equally dishonorable. 1 | home to Schuylkill county, so that he who runs He went with them to a room, where he was assured by the allude to the operation of temporary loans. The may read. Suppose, for instance, that the county, oficers of that society that he was to do nothing that was eum of $460,435 67 was negotiated (I call it insiead of the State, had negotiated this loan of
contrary to anything against which his conscience would
revolt. He was asked to make a promise. He did make sham loan, and I will prove a part of it so before i || $50,000 with the bank, while, at the same time,
the promise; and if his recent course was treason, make am done) with sundry banks; one of them the the county had a large amount of funds which she
the most of it. If he had perjured himself, make the most Farmers' Bank of Schuylkill county, that reports was not using, on deposit in the same bank; and of that. He now declared himself opposed io the principles she furnished $50,000 of the above sum. If she suppose further, that previous to the consumma
of this association. As to his pledge to vote againsi William
H. Seward, rooted niight be bis congue to his mouth if he did, it was more money, I believe, than the actual tion of the negotiation, the treasurer of the county
ever made such a pledge. He would give as briefly as he bona fide capital paid in by the stockholders. At should deposit $54,000 more with the bank, and could a complete exposition of Know-Nothings; but he the time the aggregate amount of money, by her this, or a larger sum, continually to be kept in it to would say, from the moment he left that room in this city own showing, deposited with her by the State the end of the time for which the loan was made.
to this, he never entered it again. It was enough for hiin
to say that he saw in that room what would prevent an treasurer for eight months ending the 1st day of Under such circumstances, where would be the
honest man from ever entering again. As to whom he saw January, 1855, was $326,379 14.
necessity of the county contracting such a debt, there, their names would never be divulged by him. This The act authorizing the loan referred to was and paying interest on it when, at the same time, I organization, in its original idea, was simple--10 meet the passed on the 9th day of May, 1854. On the 1st repeat, she had on deposit in this very same bank
banding of men on one side, to meet the banding of mea
on the other. But no political nomination was to be made. day of June immediately following, being but a larger sum for which she was allowed no inter
And thus far it was right. But what was it now? Was it twenty-one days thereafter, this bank had in her est? This is precisely the situation between the an institution to which an honorable man-a freemanpossession $54,000 of the State funds, and on the State and this bank, according to her own state
Christian-could belong? He thought it was not. He be1st day of August following this amount was in- ment made to the State authorities for 1854, in
lieved men here belonging to it were honest, but that they
were deceived by political tricksters. In July last a grand creased to $56,433 99. With nearly this sum of which it will be seen that the bank has received over lodge was organized, called a grand council. Go to New the people's money constantly due by the bank to $1,500 for interest. Further comment is entirely York and you find the grand president-J. W. Barker-octhe State, was it not an easy matter to loan her useless. This bank has made application for an
cupying a power in the State equal to a monarch: and this
grand president alone appoints one deputy in each county ; $50,000? If John Smith places $56,000 in your || increased capital of $100,000, for ihe great favor and what sort of a man will this deputy be? Why, a sechands for an indefinite period, without interest, I she has done the Slate in the sham loan to her of
ond self. And what does this deputy do? He is armed with suppose no one will doubt that you can, if you $50,000, by which she has, without doubt, real- the power to create as many lodges in the towns of the State choose, loan John Jones $50,000, with interest. ized more profit in clear cash in one year, than
as he pleases. He selects nine men as the nucleus of these
lodges, to establish them ; ibis second self of J. W. Barker That this bank actually loaned the State $50,000 || forty of the best farmers in Schuylkill county have selects these nine men, and these nine men select three of her own capital-capital actually paid in—is a | done. It must, of course, be accommodated, whilst delegates to the grand council, to make pominations and humbug that outstrips Barnum's woolly horse, or the tax-payers may see how they pay their taxes, oaths to bind body and soul of the innocent members of the his mermaid cat with the codfish tail, No man
order. These officers are thus the creatures of one manto make up a larger deposit for the bank this year.
James W. Barker-in New York. who knows the bank, unless he is demented, or is In conclusion, I respectfully suggest to the peo- “ Did ever a man conceive anything so humble in a Re. a fool right out, will believe any such thing. You || ple of Pennsylvania, and those of Schuylkill county publican Government? These delegates are to remain as could as soon persuade the people of Schuylkill in particular, that it might be well to petition the such three years. Two hundred lodges send thus six huncounty to believe that the moon was made of green | Legislature urging the immediate investigation of
dred men to this council, all of whom are the creatures of
Barker. The duty of these men, this grand council, is to cheese, or that the Natural Bridge of Virginia was the loan of $50,000, taken by the Farmers' Bank
make oaths to bind men who are invited to hear lectures, built by human hands. It is a cock and bull story, | of Schuylkill county, under the act approved May and to make no nominations. Original Know-Nothingism and would lose nothing in comparison if placed || 9, 1854. If this be done, it will be proved by her
was to use influence against foreigo influence. This, as a side by side in Barnum's book with his premium own official statement, that, on the 1st day of
June, || Whig, he, Mr. L., would go with. Mr. L. had read here
proceedings of the grand council, the purport of which was, humbug.
1854, twenty days after the passage of the law that no delegate was to be received who did not sustain On the first day of August, 1854, according to authorizing the loan, the bank had of the State's their State ticket, and members not voting for Ulloan were her own showing, this bank had of the State's money in her possession, or in that of her cashier, 1 expelled, Mr. L. commented on these proceedin... points funds $56,000; being $6,000 more than she re- $54,000; on the 1st of July, $43,000; on the 1st
any power so despotic? Had anything in this broad land ports to have loaned the State. Now, which of day of August, $56,433 99, and on the 1st day ever been heard of equal to this? Was ever a man called ihe parties was indebted to the other? Of course of Septomber, $47,556 95, being an average of upon and required to say, under oath, whether he did that the bank owed the State $6,000. Then whose | $50,495 47 for four months, within a fraction, im
which the Constitution says he may do; whether he voted
against a certain man? And wbat was the crime of voting capital was it that the bank'lent to the State? The || mediately after the passage of the law, and that
for Governor Clark? And yet this society, called Ameri answer is at hand. It was the people's money | the State has paid interest all this time on $50,000, can, expelled men for voting for Governor Clark. Was which was first paid into the treasury-then by whilst the bank held an equal sum of the State's such a society worthy of the name of American? And he the hands of the treasurer placed in the bank, | money, and paid no interest.
would predict that, in twenty-four months, no man will be
found who will acknowledge his connection with such a there to remain just as long as the cashier chose Mr. Chairman, thus much have I considered it
political engine. Who are the men on this executive comto use it, without interest. In other words, the a bounden duty to say to the tax-payers of Penn-mittee? He would not say it of all, but soinc of them were State treasurer, on the first of June, 1854, handed | sylvania on the subject of the awful debt hanging men of broken reputation, whose names were on the crim$54,000 to the cashier, who either passed $50,000
inal calendar of New York-men corrupt. over them, and of the sham or humbug loan. They
There was another power centered with these nine men, of it back again or (which is more likely) held have the facts and figures before them; and if I which was, that any five men of these councils may reject on to it, to shave the people who paid it into the know the people of this great and glorious old or black-ball any applicant. Was this Democratic? But treasury-and thus, for the favor of handling | Commonwealth, they will declare that the State why was this? Why, James W. Barker might lose the power $50,000, the State is Aeeced out of $3,000 per has been invaded by certain vampires, who have
and control he had. This scheme was perfect, and could
not be altered in three years. There was no power to aller annum at least. This sum the bank would make been preying upon her vitals. Thus situated, it it. It has been said the councils may instruct these three out of it at simple interest alone. How long the is expected that every man will do his duty, that delegates to overcome the designs of J. W. Barker. But people will suffer themselves to be thus humbugged he will cry aloud and spare not.
The by laws gave the right of appeal to J. and' bled time alone can determine. It is not at
W. Barker from the councils to the grand council. These all unreasonable to believe that this snug sum of
schemes are perfect; they are not known to the masses
had not been to him, bui he had learned them since his $56,000, placed by the State treasurer in the
For information and the benefit of all parties, I arrival in Albany. hands of the cashier, was by him retained, to be publish with my, remarks an extract from a “ The next was, directing measures to be taken in regard used, in part, to carry on an electioneering camspeech delivered by Mr. Littlejohn, Speaker of to offending councils. And what was the offense? They
had dared to act independently. The grand council had paign, in which he came out third best; and for the the present New York House of Representatives,
made nominations, and because some dared to exercise further purpose of accommodating the public at the on the subject of the new order or party called
their rights as freemen, to go against the nominations-not rate of from three to five per centum per month—in Know-Noihings, and will merely suggest, that, knowing, perhaps, they had been made-they were to be which latter event the bank may very easily have provided this party is led on in other districts by expelled. If this grand council could do this much, what
ihe same material (to wit, a defeated candidate for was there they might not do? realized out of the use of this Slate deposit at the
He remembered the inqui
sition--the acts of the Jesuits--but their powers would be rate of from $18,000 to $20,000 profit per annum. Congress) as, it is alleged the order in Schuylkill
as nought compared with this organization. Who know And this, too, under the pretext of her having county is, the people in such case are prepared to but the thumb-screw-the tortures of the inquisition-moigbt loaned the State $50,000. Should this species of believe every word uttered in the following speech, yet be ordained by this New York council? But American State and bank financiering not cease, and our State made by Mr. Littlejohn. Let the gentleman speak
power and American freemen will never, he believed, sub
mit to the establishment of this organization. Legislature and State officers not interfere, but for himself:
“ The sin was in intentionally taking such an oath, and continue to sanction it, you will find, before the
“Mr. LITTLEJOHN (Speaker) had supposed that, when he considered it one which he ought now to be forgiven.
he last addressed the House, it would be the last he would year 1870, the debt of Pennsylvania will be at least
It was a sin against his country. It was like an oath to bave to say on this question. But since then nothing but commit murder. It was a murder of the man's rights. If $60,000,000. Mark that!
charges upon charges had been made against his character a man breaks a wicked oath, would the Creator punish
this is not true.
him for it? No, sir. He was willing to risk his reputa- that process, if suits are brought against him for was necessary in order to state, in the briefest and tion and all else upon it; and so will the one hundred and thirty thousand others, when they will come to have calmly
the performance of official duty, or against those | simplest terms, the contents of the petitions, and considered this question. He had read an oath published
who are acting under him and by his direction, the reasons in support of the motion for reference. by this association, taken in the third degree, in whicb men that his defense may be transferred to the courts All that I asked was, that those of us who concur are required to swear they will not divulge the secrets of of the United States and its validity be there de- in the general objects, and for the most part, also, the society, even before a legal tribunal."
termined. The bill carefully provides that no in the particular demands of the petitioners, might PENNSYLVANIA FAITHFUL TO THE CONSTITUTION. security shall be lost. It carefully provides that have an opportunity, without consuming one
One word more on another subject which is to no defense shall be set up in the court of the Uni- | hour's time, or even ten minutes in this Chamber, me, and, I believe, to most national men of all || ted States except only the defense that he was act- of placing upon the records of the country, in an parties, a very unpleasant one—and I have done. || ing under the process of the law of the United authentic form, our deliberate judgments upon It is the thing of arraying one portion of the Union States. It is a clear case, arising under the Con, that great question, in regard to which it concerns against the other—the North against the South, or
stitution, and the object of the bill is to extend and every section so deeply to understand accurately the South against the North-of making compari- || apply the judicial power of this Government to the true views of every other. Even that was refusons or distinctions which may lead, and have the protection of the officers of the Government in sed, and no reason, except want of time, assigned. already led, to unpleasant controversies which the discharge of their official duty.
To-day, sir, one day later in the session_only are productive of sectional jealousies. I acknowl- At present this state of things exists: If, under seven days remaining now—this bill, reported edge that I was much edified by the eloquence of any law of the United States, there be resistance | only six days ago, is forced upon us, against rethe gentleman from Georgia, (Mr. STEPHENS,) and to the execution of process, the marshal and dep- monstrance and without regard to the condition the gentleman from Ohio, (Mr. CAMPBELL,) a few uty marshal, and those who aid them, are liable of business. Why this urgency? Why this redays since. It was pleasant to hear from those to be brought before the State courts in actions | lentless determination to coerce the passage of gentlemen of the increasing prosperity of those demanding heavy damages in every county in a this bill? Why do those Senators, almost, if not iwo great States. May God speed them to still state, and there be liable to just such verdicts and altogether, without exception, who voted to lay greater prosperity; but we err, in my opinion, in judgments as may be rendered. By the operation the petitions of the people on the table, vote now, quarreling about the increase of wealth, &c., of of this bill, the validity of the defense in such a with equal unanimity, to take up and act upon one State over the other, in pitting one State, or
case, as it is an action arising under the laws of this bill? Why all this to-day? the great men of one State, against another. Why the United States entirely, upon the service of Why, sir, the explanation is simple. This bill be jealous of each other? No national man can
process, on any act done under the law of the Uni- || is framed in the interest of the ruling class. Its find a just cause to be so. I do not believe that ied States, or the authority of the United States, object is to secure the stringent execution of the the people of Pennsylvania care a straw whether may be decided by the courts of the United States. | fugitive slave act. Its great purpose is to avoid the sweet potato crop of Georgia is more valuable That is the simple provision of the bill. Appli- | the effect of recent State legislation to protect the than the hay crop of Ohio, or whether more pump
cation is to be made to the court of the State, and personal liberty of the citizen endangered through kins are produced in Massachusetts than cabbages the court of the State is to direct the transfer to be ihe operation or through the abuse of the fugitive
slave act. in New York; but I do know that they feel a deep made. and an abiding interest in the preservation of the
I have myself such confidence in the courts of The Senator from Connecticut tells us that the Union as it is, the Constitution as it is, and that
the several States of this Union that I entertain no object of the bill is simply to extend the principle a large majority will cling to it as the true-hearted
doubt whatever that the provisions of this bill will of the twelfth section of the judiciary act of 1789 mariner would to his ship in a storm until the last
be executed. Its object, as I have said, is, that to other classes of cases than those provided for plank is severed from the hull.
where an officer of the United States is sued for in that section. That section authorizes the reacts done in carrying out any law of the United moval, on the application of the defendant, from
States, and his defense depends exclusively upon State courts to Federal courts, of certain suits EXECUTION OF UNITED STATES LAWS. the existence of that law, and his action is under | brought by a citizen against an alien, or by a citi.
that law, the decision of his defense shall be trang- zen of one State against a citizen of another. This DEBATE IN THE SENATE,
ferred to the United States courts. I have no bill authorizes the removal from State courts to
doubt that the State courts entertain such respect Federal courts of suits of every description, civil FRIDAY, February 23, 1855.
for the Constitution of the United States and the or criminal, whether prosecuted by States or inOn motion by Mr. Toucey, the Senate, as in
laws passed in pursuance of it, that the provisions dividuals, against any person for any act done Committee of the Whole, proceeded to consider of this bill will be promptly and surely executed.
under or under color of a law of the United States. I feel the most entire confidence that this will be The Constitution of the United States secures to the bill reported by him, from the Committee on
done, and therefore the Committee on the Judi- aliens and to citizens of States, other than the the Judiciary, to protect officers and other persons | ciary have incorporated into the bill no provision State of the plaintiff, the right of trial in a court acting under the authority of the United States.
whatever looking to the result of any resistance on of the United States. No expounder of the ConThe bill provides that, if a suit be commenced or
the part of a Stale court. I think it is presented istitution has hitherto asserted the rights of every pending in any State court, against any officer of in such a form that no one who acknowledges that person sued for an act done under a Federal law, ihe United States, or other person, for or on ac- this Government has judicial power, and that it is or under color thereof, to such a trial. It is a miscount of any act done under any law of the United
its duty to protect those acting under its laws by take, therefore, to say that the twelfth section of Blates, or under color thereof, or for or on account the administration of the judicial authority con- the judiciary act and this bill are founded upon a of any right, authority, claim, or title, set up by ferred by the Constitution, can take any valid ex. common principle. such officer, or other person, under any law of ception to it.
Why, sir, just think of the consequences of this the United States, and the defendant shall, at the Mr. CHASE. Mr. President, while the Sen- || bill. One man claims title to real estate under a first term of the State court after the passage of || ator from Connecticut was urging the Senate to patent of the United States, and enters upon the the act, or at the first term of the Slate court after proceed to the consideration of this bill, the ex- land and cuts some timber. It happens that somethe suit shall be commenced, file a petition for the || clamation, “ Nigger bill!” proceeding from some body else claims a superior title, and sues him for removal of the cause for trial into the next circuit
Senator-í know not whom-apprised us that the trespass before a justice of the peace. Under this court to be held in the district where the suit is
measure to be aoted on belonged to that class bill the defendant may remove the cause to the cirpending, or, if there be no circuit court in the
which has, by usage here, precedence over all cuit court. So if a man engaged in the military district, to the district court invested with the
other legislation. The promptness with which service of the United States should maltreat, or powers of a circuit court next to be held in the
the Senate agreed to take it up is but one new even kill, a citizen, claiming that it was done in district, and offer good and sufficient surety for proof of that favor with which every proposi- || virtue of Federal law, whether criminally, prosehis entering in that court, on the first day of its
tion supposed to favor the interests of slavery uted by the State or sued in a civil action for session, copies of the process against him, and
is regarded here, and of that determination with 1 damages, the defendant could remove the cause also for his there appearing and entering special which every such proposition is urged to a final into a Federal court and compel the prosecutor, bail in the cause, if special bail was originally | vote, no matter with what prejudice to the public whether State or individual, to submit to Federal requisite therein, it is then to be the duty of the business and the public interests.
jurisdiction. Numberless other cases might be State court to accept the surety, and proceed no It was but yesterday that I presented some peti- || put, by way of illustration, and will doubtless further in the cause, and any bail that may have tions of the PEOPLE, praying for such action on occur to Senators. Assuredly, sir, the Constitubeen taken shall be discharged, and the copies | this very subject of slavery, as they thought the tion contemplated no such subjection of States and being so entered in the United States court, the || interests of the country and the principles of the citizens to Federal authority as this. cause shall there proceed in the same manner as if Constitution required. I asked for no debate. Sir, this bill is a bill for the overthrow of State if it had been brought there by original process. I sought no discussion. I asked only for a refer- rights. It is a bill
to establish a great central, conThe party removing the cause is not, however, to ence to a select committee, so constituted as to solidated, Federal Government. It is a step, let me be allowed to plead or give evidence of any other
secure for the petitioners a candid and impartial say a stride rather, towards despotism. defense than that arising under a law of the United hearing. Was it granted ? Did the Senate make But it is a natural step. When Congress usurped States.
haste to show its respect for the great right of the power to legislate for the reclamation of fugiMr. TOUCEY. Mr. President, I do not pro- petition, and for the numerous and respectable live slaves, without constitutional warrant, this pose to enter into any discussion of this bill, but
citizens whose wishes I made known? No, sir. further legislation became necessary to the commerely to state its operation and effect. The bill Then there was no time. The presentation of the || plete humiliation of the States. proposes to apply to this class of cases, arising | petitions had been too long delayed. But eight Sir, there was once a Senator from South Carounder the laws of the United States, substantially days of the session remained. Not even the re- lina on this floor loo clear sighted not to perceive the provisions of the twelfth seation of the judiciary spect of reference could be extended to them. I that the enactment of a fugitive slave act was utterly act of 1789. It is designed that where an officer The petitions of the people were thrust upon the irreconcilable with that theory of State rights, is serving a process under the laws of the United table" to sleep the sleep that knows no waking." | which he, in common with South Carolina's States, and there is resistance to the execution of
Sir, no more time was then occupied by me than ll greatest statesmen, professed to believe in, and too 330 CONG.... 20 Sess.
Execution of United States Laws-Debate.
noble and ingenuous to deny the inconsistency | ceal his real opinion por ask for any advantage || discussion, unless it be on the part of those who which he perceived, or to pursue a sectional ad- for his section or his class at the expense of a vio. maintain that the law of the United States under vantage at the expense of violated theory: That | lated Constitution. Would that a like spirit had which any question might arise, is unconstituSenator, (Mr. Rhett,) upon this door, declared the controlled other Senators who have represented tional and void; and they cannot debate it unless fugitive slave act repugnant to the Constitution of State-Rights constituents, and profess State-Rights they assume the ground that any such law ought the United States. Here are his words:
doctrines. Then we should have had no fugitive to be passed upon finally by the courts of the “I take up the Constitution, and I find that all it says slave act. Then this bill would never have been States. But with those who hold that the Supreme with respect to fugitive slaves is contained in the second conceived.
Court of the United States is the highest judicial section of the fourth article, and it is a mere quotation in
The fugitive slave act was a gross impeachment | authority to pass upon the validity of the laws of that section. The section begins as follows: “The citizens of each State shall be entitled to all the
of the honor of the Legislatures and the good faith the United States purporting to be enacted under privileges and immunities of citizens in the several States.' of the people of the States. This bill is founded the Constitution, I think there can be no question
“Then follows in the next sentence the qualification with on the same distrust and suspicion of State legis. as to the propriety of this transfer of the cases. I respect to fugitives from justice and fugitive slaves :
lation, and the same desire to control it by Federal hope the bill will not be postponed, but that it "A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in authority.
will be acted upon and passed to-day. another State, shall, on demand of the executive authority of Sir, have such or so great benefits flowed to the Mr. CHASE. On ihe question of postponethe State from which he fled, be delivered up to be removed slave States, from the enactment of the fugitive | ment I ask for the yeas and nayg. to the State having jurisdiction of the crime.' « No person held to service or labor in one State, under
slave bill, that you think it wise to risk this new The yeas and nays were ordered; and being the laws thereof, escaping into another, shall, in conse- experiment upon the Constitution of the country taken, resulted-yeas 9, nays 26; as follows: quence of any law or regulation therein, be discharged and the patience of the people? Is every suit YEA8_Messrs. Brainerd, Chase, Fessenden, Gillette, from such service or labor, but shall be delivered up on the
against every man, who claims to have acted under Seward, Sumner, Wade, Walker, and Wilson-9. claim of the party to whom such service or labor may be due.' color of a law of the United States, to be with.
NAYŚ-Messrs. Badger, Bell, Benjamin, Bright, Clay,
Dawson, Douglas, Fitzpatrick, Geyer, Gwin, Hunter, Jones “Now, these two clauses are exactly similar in purport, drawn from the State tribunal and transferred to
of Iowa, Jones of Tennessee, Mallory, Mason, Morton, except in one particular. In the one case the fugitive crim- the Federal? Such is the language of the bill.
Pearce, Pratt, Rusk, Shields, Slidell, Thompson of KenInal is to be delivered up on demand of the executive
Such seems the intent of its framers. But I trust fucky, Thoinson of New Jersey, Toucey, Weller, and authority of the State from which he has fled; in the other,
Wright-26. the fugitive slave is to be delivered up on claim of the party
you will not go quite so far. There is scope and to whom he belongs. In neither clause is it stated that the verge enough for your experiment without usurp- So the Senate refused to postpone the further fugitive is to be delivered up by the State authorities. Yet ing the criminal jurisdiction of the States. Restrict, consideration of the bill until to-morrow. it is clear these clauses can refer to no other authority for at least, your bill to civil suits. Do not undertake Mr. CHASE. I move to amend the bill by their enforcement, because no other authority is spoken of. It is an affair between two States. The fugitive is to be
to arrest the sovereignty of the State when em- striking out the word “a," where it first occurs, delivered up. To be delivered up, he must be seized-he ployed in its highest duty of investigating and and inserting "any civil," so that the operation must be in the possession of those who deliver him up. No punishing wrongs done to life or property within of the bill shall be confined to suits of a civil authority within a State can seize a criminal against the laws of another, but the authority of the State itself to its jurisdiction.
nature, and not extend to criminal prosecutions. which he has fed. This is the law of nations, and is
The bill will be bad enough when limited as I If amended as I propose it will read: “ that if any acknowledged by the act of 1793, with respect to 'fugitive now suggest. Even then it will leave every civil civil suit be commenced,'&c. Upon this amend. criminals, but is denied with respect to fugitive slaves. In suit subject to removal—every civil suit against
ment I ask for the yeas and nays. the former case, the State authorities are to seize and deliver up the fugitive criminal, but in the latter, according any person acting" under color of law;" against
Mr. TOUCEY. "I think it unnecessary to call to this act, State authorities have nothing to do with the every person, officer or not; against the slave- for the yeas and nays. There can be no objection fugitive slave. In the former case, the Constitution is only catcher, or the agent of the slave-catcher. Is not to the amendment. This bill was not intended a treaty stipulation between sovereign States; in the latter, this enough? Is it prudent or profitable to go and does not apply to any except civil proceedings. it is a matter of congressional legislation, although Con
further? Would it not be wise to restrict the bill Mr. CHASE. Very well; that removes one gress is not referred to in either case in the Constitution. Is there any ground, in reason, for this difference of con- yet further? Why not strike out the words doubt; let the amendment be made. struction ? " under color of law," and confine the operation of
The amendment was agreed to. “Let us apply the acknowledged rules of construction I
the bill to clear cases of action under a statute of Mr. CHASE. I now move to strike out after have laid down for ascertaining the meaning of the Constitution. It will not be claimed that Congress possesses the
the United States? Why extend the act to all per- "law of the United States," the words “ or under power to legislate on the subject of fugitive slaves as necessons claiming to have acted under Federal law?
color thereof," so that the clause will read: " that sary and proper to carry out any expressly granted power., Why not confine it to officers and persons acting || if any civil suit be commenced or pending in any It is a distinct substantive matter itself, and can contribute in aid of officers ? in no way to enforce any other grant of power. The power,
State court against any officer of the United States if it exists at all, must be by special grant, laid down in the
For sixty-six years the act of 1789 has been
or other person, for or on account of any act done Constitution. Now, sir, look at the clauses in the Consti- upon the statute-book. During all that time no- under any law of the United States, or for or on tution I have quoted. Is there one word in either of the body has dreamed of such a law as this bill emtwo clauses referring to fugitive criminals and fugitive bodies. It is the monstrous birth of a bad time.
account of any right, authority, claim, or title set slaves, conferring any power on Congress to legislate upon
up by such officer," &c. these subjects? No power whatever is given to Congress.
Sir, the clearest and widest separation possible, Mr. BENJAMIN. I shall object to that Congress is not even mentioned in them. What is the in- under the Constitution, of the sphere of the National amendment; and whilst I am on the floor, and evitable inference? Why, that Congress has no such power. from that of the State judiciary, is the true means "This view of the Constitution is confirmed, if we look
making my objections to it, I may as well refer into the sections immediately preceding and succeeding the
of peace and harmony. But this bill expresses the Senate to a precedent on our statute-book, section relating to fugitive criminals and sugiuve slaves.
the very wantonness of contempt for this princi- that has been on it for forty years, providing for In both of these sections Congress is given power to act.
ple. li is framed as if its express design was to this precise process in cases arising under the The first section provides: "Full faith and credit shall be bring on a desperate conflict between the courts of given, in each Slate, to the public acts, records, and judi
revenue laws. The provision to which I allude the States, and those of the United States. cial proceedings of every other State, and the Congress may,
is the sixth section of an passed in 1815, and the by general law, prescribe the manner in which such acts,
Why, sir, who is to decide whether a suit is bill now reported by the Judiciary Committee is records, and proceedings shall be proved, and the effect brought against a defendant for an act done under
a copy of ihat section, drawn in the precise lanthereof.' And in the third section ii is provided that the a law of the United States, or under color of it? Congress shall have power to dispose of, and make all
guage of that act. I will read the first few sen. needful rules and regulations respecting the Territory or Who is to decide? And what if a defendant shall
tences of that law to the Senate, in order that the other property belonging to the United States.'
claim a removal, and the State court shall refuse precise accordance of the two statutes may be “ Here, then, is this remarkable state of things. Three to grant it? What then? Will you submit; or perceived at once. In 1815, on the 3d of March, sections follow each other in the fourth article of the Con- will you resort to another act of Congress for the Congress passed a law,"providing further for the stitution. The first and the third give to Congress the power to legislate. The second, lying between them, gives subjugation of the State court, and for the secure
collection of duties on imports and tonnage." It Congress no power to legislate. What must be the inevit- establishment of Federal despotism?
imposed certain duties on the officers of the courts able inference? Why, that it is the plain meaning of the Sir, the end of this road is ruin. But I must of the United States, as well as Constitution that Congress should not have the power 10 close. I intervened, at first, with reluctance; but Jegislate with respect to fugitive criminals and sugitive
officers, and the sixth section of the law is in slaves. To inser that such a power exists under such cir
no other Senator seemed inclined to do so, and I these words: cumstances, is not only to claim a power without a special felt that such a bill as this ought not to be taken
“That if any suit or prosecution be commenced in any grant in the Constitution, but to seize it, although virtually | up without objection, and passed without debate.
* And, sir, it is not difficult to perceive why the Consti- Oppressed by a severe cold, hardly able to speak inspector, or any other officer, civil or military, or againsi tution withheld all power from Congress to legislate on the at all, and taken entirely by surprise, I have yet
any other person, aiding or assisting them, agreeably to the subject of fugitive criminals and fugitive slaves, and has left felt constrained to use what little
capacity of utter
provisions of this act, or under color thereof, for any thing
done, or omitted to be done, as an officer of the customi, this whole matter to the States for enforcement. The ance I have in stating the general objections to this or for anything done by virtue of this act, or under color framers of the Constitution knew very well that it was a very delicate matter for citizens, without a State, to attempt
bill. I am very sorry that I cannot state them thereof, and the defendant shall, at the time of entering his to seize any persons within it. Slaveholders knew that more clearly, or speak more at large. Having | appearance in such court, file a petition,” &c. there was but one way by which their fugitive slaves could performed this duty, I now move to postpone the Then the act goes on to provide for the removal be effectually recovered to them, when entering another further consideration of this bill until to-morrow. of the cause to the Federal court in the same way Stale, and that State a free State. The power, the police, the judiciary of the States, must be engaged.' The faith
If that motion be rejected, I must content myself as the present bill provides. This mode of proand duty of the States must be implicated. Every man in
with proposing some amendments to the bill, which, ceeding is coeval almost with the history of the the free States must be bound, as a party to the constitu- if adopted, will make it less dangerous in practical | legislation of the country. It is absolutely essentional compact, 10 deliver up to him his slave, on bis mere operation, though they will not divest it of its evil tial for the purpose of taking under the protection claim.' This is the great efficient remedy provided in the Constitution for the recovery of fugitive slaves; and the
principle, or avert its fatal effect as a precedent for of the Constitution the process which issues from claim being made, it rested with the State or the state auconsolidation and despotism.
the courts of the United States in the execution thorities to do one of two things deliver' up the slave or I move that the further consideration of the bill of the laws of the United States. pay for him." be postponed until to-morrow.
Mr. TOUCEY. I wish to say that, in the draft Sir, the Senator from South Carolina spoko in Mr. TOUCEY. I hope the motion will not be l of this bill, the language of other laws has been a spirit worthy of South Carolina. A slaveholder | agreed to. It is not proposed to debate the bill. observed, not only in the instance referred to, but and a defender of slavery, he would neither con- li is so clear upon its face, that it does not require ll in other instances. The importance of this amend
330 CONG....2D SESS.
Execution of United States Laws-Debate.
ment will be perfectly manifest upon adverting to are taken separately, and for the purposes of this important legitimate business to occupy all the the fact that when the defense is removed to the proposed act, there may be no connection whatever remaining time of this session. I have not decourts of the United States, it must be a valid between an officer of the United States executing | tained the Senate by unnecessary debate; and it defense under the law as adjudicated by the courts process of the courts of the United States, or ex- was my purpose not to say anything more than of the United States, or it avails the defendant or ecuting a law of the United States, and a person was necessary properly to present to the body defendants in the suit not at all. These words who may have done the same thing.
such measures as my constituents required. But, were inserted for the purpose of effectually secur- In this respect I certainly am forced to agree Mr. President, if this everlasting subject of slaing the right, as is usual in such cases, to officers with the Senator from Ohio, that there is very very must be constantly thrust before us to the of this Government to transfer their defense to the great non-conformity between the two acts. He exclusion of all other important business, and I judicial authorities of this Government, in order has instanced the case of a person who has a think I can see that it must, until it shall be ultithat the courts of the United States may uphold || patent on which a piracy has been committed. | mately decided, I am the last man to regret it. the Constitution as interpreted by the Supreme | Suppose a suit is brought against the person I have long thought that slavery will be thrust Court, in which we all have confidence. I hope committing the piracy in the most simple and between us and legislative business until it shall this amendment will not prevail.
most economical of the State courts; and the de- be finally settled. Every day, every hour that Mr. CHASE. Mr. President, the honorable fendant, the pirate against the rights of the pal- || I remain in this Capitol, satisfies me, more and Senator from Louisiana has slated with great entee, comes forward, and alleges that he did what more, that such must be the result. clearness the position which he assumes; but I | is complained of under color of a law of the United Mr. President, if Senators would reflect for å will call his attention to the fact that he is in error States, as the bill stands he may file his security moment on what has transpired since the last as to the agreement between the section of the act and take his case into the district or circuit court session; if they would bear in mind the verdict of of 1815, which he has read, and the section of this of the United States, where it may be actually the people upon our action, I think some gentle. bill which I propose to amend. The act of 1815 || impossible for the humble individual who sued men here would pause before they agitate this provides for the transfer of suits or prosecutions | another in his immediate neighborhood to follow subject again. Here, sir, we find those who call commenced against officers, and other persons him and obtain a restitution of his rights. It themselves Republicans and Democrats, who proaiding or assisting them; the whole acts are to be would, in fact, put the most stupendous power fess a regard for the will of the people, coming done by the officers of the United States, and per- in the hands of pirates on the righis of patentees, || forward to thwart that will, as expressed in Bons whom they may lawfully call to their assist- and it is a most forcible illustration of the effect unmistakable language and action. Is not the ance; but such is not the provision of this bill by of the bill
. I think I can really see in the pro- rebuke which they have received at the hands of any means. It goes a great way beyond that. visions of this bill a favorable opportunity offered the people sufficient to warn some gentlemen of There is an obvious propriety in protecting officers to those so disposed, and have the ability so to the North that they should stay their hand in this engaged in the execution of revenue laws, while do, to invade the rights of patentees in defiance of ruthless course of usurpation? But no, sir; that there is no such obvious propriety in attempting | all the means patentees can usually command to lesson is not enough; it must be repeated. This to protect from prosecution under Slate laws every protect their rights-and God knows they have question must and will be met. Do gentlemen person who seems to have rights under any law little enough protection now. Their rights under believe that the people of the North are in a spirit of the United States. Suppose a patent is granted the Constitution are not protected. The provis- and temper further to allow their feelings to be to me under the laws of the United States, and ions of the Constitution can rarely ever be en- tampered with on this subject? If so, let them somebody chooses to trespass upon my posses- || forced in their favor. We see every day the proceed; let them go ahead; I am the last man sion; that is an injury done to me under color of a wealthy and powerful fattening and growing rich
who will regret it. If gentlemen, with their eyes law of the United States. He may claim some on their ingenuity, on their enterprise, and on open, in full view of the feelings of the people on right against me under some other law. Accord- their inventive genius, and this will throw into the this enormous subject, will agitate it, let them do ing to the provisions of this bill, if I commence a hands of men who do such acts a power which so. I have sedulously restrained myself during suit for that simple trespass against the trespasser | they never dreamed the Congress of the United the whole session froin bringing forward any in my immediate vicinity before a justice of the States would step forward voluntarily to give measure at all calculated to excite the minds of the peace, that suit may be removed to a circuit court them.
citizens of any section of the country on this or of the United States, and it may become abso- I have no particular exceptions to take to the any other subject. I would cultivate ... peace and lutely impossible for me to obtain justice. So of provisions of the bill if it shall be made to conform || good will towards all men,” if they will keep their å great many other cases which I'might cite by to the act of 1815, and carry out in reality the hands off, and permit me to do so; but I am the last way of illustration, if time and opportunity were spirit of the judicial system as manifested in that man to shrink from the encounter if it becomes permitted. But what I have said is enough to act; but it seems to me we are about to take a step | necessary. show, and I think to satisfy, the Senator from which will lead us far beyond what has ever be- What, sir, is the nature of the proposition now Louisiana that his argument, derived from the act fore been considered just. I think it would be before us! There are some Senators who profess of 1815, does not apply to the provisions of this bill well for the Senate to make this amendment, or a great regard for the rights of the States.' I am The amendment which I propose is, therefore, some other which will produce a conformity be- one of those who have quite as much regard for necessary for the protection of the citizen against tween this bill and the act of 1815. I think this the rights of the States as some who make louder frivolous, vexatious, and arbitrary prosecutions. will do it.
professions on the subject than I do. I am one of I cannot say that I hope it will be agreed to. I
The question being taken by yeas and nays on those who, not only when an election is pending, have very little hope that any amendment pro- the amendment, resulted-yeas 11, nays 24; as but at all times, believe in the wisdom, the constiposed to this bill will be agreed to, beyond that follows:
tutionality, and the propriety of the Virginia resowhich the Senator from Connecticut has thought YEAS-Messrs. Brainerd, Brown, Chase, Fessenden,
lutions of 1798 and '1799. ground myself upon fit to accept. But so important do I regard it that Gillette, James, Seward, Sumner, Wade, Walker, and those resolutions; and, standing upon them, I deI shall ask for the yeas and nays, and submit it to the country upon the vote of the Senate.
NAYS-Messrs. Badger, Benjamin, Clay, Dawson, spirit of those resolutions, but as an attempt to
nounce this bill as a violation, not only of the Douglas, Fitzpatrick, Geyer, Gwin, Hunter, Johnson, The yeas and nays were ordered.
Jones of Iowa, Mallory, Mason, Morton, Pearce, Pettit, trample upon the rights of the States and deprive Mr. TOUCEY. 'I will only say, that I am not Pratt, Rusk, Sebastian, Slidell, Thomson of New Jersey, them of the power to protect their own citizens able to conceive of any case where a patentee Toucey, Weller, and Wright-24.
from aggression and abuse. Do gentlemen sup. could set up a defense under his patent for an act So the amendment was rejected.
pose that the States, now awakened to a keen sense of trespass.
Mr. WALKER. I now propose an amend
of their rights and the danger of consolidation, will Mr. 'WALKER. As I view this subject, though I may be wrong-it seems to me that this which I had in view, perhaps even better than the ment which I think will accomplish the purpose
ever submit to such a bill as this? I tell you nay,
You have preached State rights until you have or some other amendment is necessary in order to bring the provisions of this bill more in con
amendment just offered by the Senator from Ohio, I imbued the minds of honest people with the idea formity with the act of 1815, which has been read
which has been rejected. It is to insert after the that there is something in the cry, whatever you by the Senator from Louisiana. I think the Sen; officer." The first section will then read: “ If
yourselves may think about it. word “person " the words "acting in aid of such
By this bill, it is proposed that the cause of a ator from Ohio is correct in saying that there will any civil suit be commenced or pending in any against his neighbor for an injury done to him,
man who brings an action in the State of Ohio be a very great non-conformity between the acts if this amendment be not made. As he has re
State court against any officer of the United States, marked, the provision of the act of 1815 is in or other person acting in aid of such officer, for or
may be removed, without his consent, into the regard to officers of the United States and persons think, a conformity between the act of 1815 and on account of,”. &c. That will bring about, !
Federal courts for adjudication, on the allegation
that the injury is committed under color of some aiding them in executing the provisions of the this bill.
law of the General Government. Sball he be law. This bill provides, that'if a suit be com
The amendment was agreed to.
defrauded of his right to litigate in the State courts menced or pending in any State court against any
upon allegations like these? Does any gentleman officer of the United States or other person”-not
Mr. TOUCEY. Where the words “circuit | suppose that the free States will ever submit to any confining it to other persons acting in aid of the
court" first occur, I observe there is an omission
such proceeding? Do you not know, Mr. Presi. officer, but all other persons who may be sued. of the words “ of the United States." I move
dent, that there is a growing idea that your slave. For what? Why, sir, " for, or on account of, that those words be inserted. any act done under any law of the United States,
The amendment was agreed to.
catching law of 1793, and much more your slave
law of 1850, is a violation of the Constitution of or under color thereof." It covers the entire Mr. WADE. Mr. President, I had hoped that | the United States? Do you not know that the range of what may be done by any person, this session would be allowed to pass away with highest tribunals of some States of this Union whether an officer or not, under any law of the out any project being brought before us which have declared that your fugitive act' of 1850 is a United States, or under the color of any law of would revive those feelings, and call forth those violation of the Constitution? I tell you, sir, that the United States. It does not connect together excited debates, which we witnessed so frequently the idea is becoming universal in the free States, the officer and the person who may be acting at the last session. Surely, sir, we have arrived that it is a usurpation, and that you have no con. under a law, or under the color thereof. They let a poriod when there is enough to be done of || stitutional power to pass any such law. Applying
330 CONG....20 Sess.
Erecution of United States Laws-Debate.
your own doctrines to a case like this, where does once, without any attempt to create violent agita- | quietly taking dose after dose, such as you deal out this bill bring you? Who is to be the judge in the tions. But, sir, it seems that it cannot be so. I to them here, I should despair of the liberties of last resort of the violation of the Constitution of Bay this, not because I hope to make any headway the country; but knowing, as I do, that once the United States by the enactment of a law? | here against this enormous proposition, for I know awakened to a sense of their rights, they are Who is the final arbiter? The General Govern- full well that those who have State rights con- keenly watching all that you do, I have no fear ment, or the States in their sovereignty? Why, stantly on their tongues are now ready, prompt for the result. If you will bring on these conflicts sir, to yield that point, is to yield up all the rights and eager, to beat down the rights of the States, with the States, when the people are roused, as of the States to protect their own citizens, and to and make them bow their sovereign heads to this you know they are, the consequence, whatever it consolidate this Government into a miserable des- miserable enactment. I see it, and I feel it. Three may be, will lie at your own door, and not at potism. I tell you, sir, whatever you may think fourths of those who prate so much about Slate mine. of it, if this bill pass, collisions will arise between rights will be the very first to violate those prin- I am no agitator. I resist aggression, but I prothe Federal and State jurisdictions--conflicts more ciples by the enactment of this bill.
mote it not. I have been content to legislate here dangerous than all the wordy wars which are got As my colleague [Mr. Chase] has said, under within the pale of the Constitution of the United up in Congress-conflicts in which the States will this enactment a citizen of our State cannot com- States, saying but very little, and confining my. never yield; for the more you undertake to load mence an action before a justice of the peace, but | self to the narrow duties that seemed to devolve them with acts like this, the greater will be their the defendant, upon the allegation that the act com- on me here. I could wish that all others might resistance.
plained of, was done under color of some law of do the same thing; but if you will agitate, if you I understand what this bill aims at. No man the United States, may slip from the fingers of the will stir up the feeling, if you will usurp jurisdiccan fail to know why it is that such an enormous State jurisdiction, and go to those whom you have tion over the free people whom I represent, I am proposition is brought in at this particular time. il been feeding and pampering at this session to up- here to meet you, hand to hand, to dispute inch Is it not because the odium attached to the execu- hold your usurpations. Sir, I have not seen with | by inch, because, as I know, I am backed by a tion of the unconstitutional fugitive slave act of out concern, bills introduced and passed here to free people who will suffer death before they will 1850, violative of the feelings of the whole North, raise the salaries, and thus to raise the consequence surrender their rights. is under consideration before the States, and the and importance of your Federal officers far beyond Mr. DOUGLAS. Mr. President, the Senator State Legislatures everywhere are preparing them all that the States can do. Every judicial officer from Ohio, who has just taken his seat, (Mr. selves for a legal and constitutional resistance? | under the Federal Government has received an Wade,) says he regrets exceedingly that this sesYou intend to take time by the forelock by this additional bonus at your hands by an act passed sion should not have been allowed to pass away measure; but do you think that the puny arm of at this session. Their salaries, in some instances, without the negro question, as he calls it, being this Federal Government can override the States, have been increased not less than fifty per cent., || introduced to disturb our harmony. I cordially that you can discourage them by your threats, and, perhaps, even more than that. When that unite with him in those expressions of regret. But and that, by such attempts as these, you can pre- measure was passed, I thought there was some- how has the negro question been brought here? vent them from going on in that vindication of thing behind it. I thought there was some mean. Surely not by my friend from Connecticut, (Mr. their rights which they have so gloriously begun? | ing in the steady attempt to enhance the salaries, | Toucer,) or by his bill. There is not a word Aye, sir, the State of Wisconsin has taught you and thus the consequence of your Federal officer or line in the bill which has the slightest, the a lesson, and it is only an incipient step. I envy throughout the whole Union. They had sent you remotest allusion to that question. that State the glory of taking the initiative in the no petitions asking any such thing. The duties Mr. BADGER. Will the Senator allow me to great work of vindicating the Constitution from of many of them were not onerous; some of them tell him that there is a distinct and unequivocal such a measure as the fugitive slave act. State in the interior had scarcely anything to do; and allusion to it in the word "color," which has been after State, as they take the subject into consider- yet you have bestowed upon them more than they introduced into the bill. (Laughter.] It occurs ation, will fall in the wake of 'noble Wisconsin, asked. It occurred to me then that something in the clause "any law of the United States, or and carry out what she has so bravely begun. was behind. You have showered on their heads under color thereof." (Laughter.] Sir, let us assemble a Legislature in the State of almost double salaries. For what purpose was it
Mr. DOUGLAS. I suppose that is certainly Ohio to day, and I am proud to contemplate with | done? It was to encourage them io go on, and, the clause of the bill, if any, upon which our what firmness she will meet, resist, and overthrow if possible, override the jurisdictions of the States, sensitive colleagues have managed to rouse themattempts like this.
which cannot afford to pay such high salaries, and selves into such a passion because of the supBut, Mr. President, it is said that this bill contains to surround their courts with that pomp, circum- | posed enormities of the measure. What, sir, is nothing more than the provisions of an old revenue stance, and consequence which you have thought the bill? It is a simple provision that when a case law of 1815, which you find on your statute-book; || proper to bestow on your Federal judges. Yes, is pending in the State courts, which arises under but that law is confined to that single subject, pecu- | sir, it was to encourage them to execute laws like the laws of the United States, it may be transliarly within the jurisdiction of the United States- this that you have been increasing those salaries. ferred into the Federal courts. That is all. Is that a jurisdiction expressly conferred by the Consti- No doubí that measure contemplated a large in- || principle new in our legislation? It has already tution itself. That law was limited to that par- crease of business; and, my word for it, if you been shown that in some cases it has existed for ticular matter, and extended no further; but what attempt the execution of this bill in the free States, || many years; for forty years it has been on the outrages may not be committed if any man is to you will have business enough for them to do; statute-book. In what, then, consists the objecbo permitted to defend a suit brought against him, and, in my judgment, their salaries will be none tion to extending to other cases a principle which on the allegation that the act which he committed too high to remunerate them for the difficulties has been applied without objection for such a long was under color of a law of the United States, and which they will have to encounter.
time in those cases? If this bill be such an invaattempt by that means to deprive the State courts Mr. President, I have already said that this is sion of the rights of the States as calls upon a of jurisdiction! Such a subterfuge as that will a most unfortunate time further to irritate a peo- Senator from the great State of Ohio to invite and never deprive the State courts of that jurisdiction ple almost driven to desperation, by what they urge rebellion against the Federal authority, why which they will claim. Let me assure the Senator consider your Federal usurpations. Here you has he not mustered his forces and marshaled from Connecticut (Mr. TOUCEY) that whatever are undertaking to tell the people of the free States them against the Government of the United States the Legislature of his State may do, other States that they, in their own Legislatures, shall not during the last forty years, when the same outwill not allow their rights to be trampled on; and protect their own citizens from injuries of which rage, as he calls it, has been constantly inflicted I am inclined to think Connecticut will rebuke him they complain, but that those who commit those as often as a case arose in the State courts which as she did upon a former occasion. I have very injuries may skulk into the courts created by your- was transferred to the Federal courts? liccle idea that good old Connecticut will creep on selves, with the idea and tacit understanding that But, sir, the Senator has become the great her knees under such a law an this. I apprehend, they were to be the advocates of your enormities. I champion of State rights. What invasion of sir, that before long, if this bill be passed, she I tell you again, sirs, that while you speak of State rights is here to be found ? Surely his idea will give her Senators instructions such as once State rights, the people mean State rights, and of State rights must be different from mine. I before, on another occasion, she gave in connec- they will carry them out.
understand State rights to be the preservation of tion with this same subject. I warn gentleman This is an unfortunate bill. God knows your all those reserved rights which the Constitution that this is not the time, nor are the northern fugitive act, with all its terrors and penalties with of the United States has not ceded to the Federal people now in the temper, to allow these agita- | which you thought to overawe a free people, has Government. Has not the Constitution provided tions to be thrust upon them.
irritated their minds so much, that prudence ought for the Federal courts exercising jurisdiction in Sir, let no man say that I rise here as an agi. | to induce you, at all events, to forbear. You can- cases arising under the laws of the United States ? tator. Mr. President, this is the old force bill, not open your eyes, and not see that the whole free The Constitution provides that, "the judicial which caused South Carolina to arouse and assert North is against you, and against you with a de- || power shall extend to all cases in law and equity, her rights, and compel the Government to back | termined purpose, and with a strong band, to repel | arising under this Constitution, the laws of the out; but it is supposed that the poor, patient | every further invasion of their rights that you United States, and the treaties made, or which North may be tempted with impunity. I have may propose to make. I say, sir, that this bill || shall be made, under their authority." The proBtirred up no such question as this. I have asked is made to protect your fugitive act. That is its | vision is in so many words, declaring that the Fedthat no such question should be raised. I have parpose. Disguise it n generalities as you may, ) eral jurisdiction should extend to all cases arising submitted to the enormous legislation of the past that is its object. Lord Coke says that "fraud under the laws of the United States. Now, this year, knowing full well that the people, who are lurked in generalities," and so it does. This bill, bill only provides that a case arising under the greater than I am, and greater than us all, will in all its generality, means nothing more than an laws of the United States in a State court may be correct the errors which have been here committed, || attempt to enforce the execution of your odious and transferred to the Federal courts, in order that the I will not say willfully. With their correction i unconstitutional fugitive bill. The whole people jurisdiction of those courts shall have the same have been content. My desire is, and has been, will understand it, sir, and know that you mean extent that the Constitution of the United States to proceed with the public business. I had hoped nothing else, whatever you may profess.. I say expressly declares it shall have. Then the Senathat the session would pass on in peace and good again, they are not in a spirit to bear it, and I thank | tor's argument is not against this bill; his passion feeling, and that we should perform our duties, for ! God that they are not, because, if I saw them II is not against the provisions of this bill, but against