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330 CONG....2D Sess.
Execution of United States Laws-Debate.
the Constitution of his country, which he has Mr. DOUGLAS. Certainly.
to execute the Constitution and the laws enacted sworn to support. Perhaps it might have been Mr. WADE. If the supreme court, the court for the purpose of carrying it out. If a man's well for him to have looked into the enormity of of last resort, of a sovereign State, should declare conscience will not allow him to be faithful to the that Constitution before he pledged his honor and that law unconstitutional, will he hold that the Constitution and the laws, as an honest man he is his conscience to his Maker to carry it into effect. Federal courts may, over their heads, execute it | bound to proclaim himself at once a disunionist,
The same remark is true in regard to the law for violently? Who is the judge in the last resort, | and, by dissolving the Union, absolve himself the surrender of fugitive slaves. He tells us that the State, or the Federal authority?
instantly from those obligations which bind him the object of this bill is to aid in executing a law Mr. DOUGLAS. I will tell the Senator. In to surrender up the fugitive slave. The moment of the United States. Is it an objection that our the last resort, the State courts, within the limits | my conscience will not allow me to be faithful to legislation here is intended to carry out the laws of their jurisdiction, in the exposition of their own the Constitution, I will refuse to degrade myself, and the Constitution of the country? What man || laws, are the highest tribunals; but in the exe- or perjure my soul by coming here and, for the who is loyal to his country-whai man who re- cution of a provision of the Constitution of the sake of a seat in the Senate, swearing that I will gards his oath to support the Constitution—what | United States, or a law of the United States, or be faithful to the Constitution, when I intend to man who claims to be a good citizen, can rise and a treaty of the United States, the Constitution violate and repudiate it. [Applause in the galleassign as his objection to a bill that it is intended | has provided a Supreme Court as the highest and ries.). Sir, let us deal with this question fairly to execute the laws of the land ? That is the only ultimate judicial tribunal, to which all others and directly; Either the Constitution must be objection which the Senator assigns. It is the must yield obedience. Hence the laws of the obeyed, or those opposed to it, as honest men, gravamen of his change? He wants to know if I United States adjudged by the Supreme Court to should declare that they will not obey it, but am prepared to deny that the object of this bill is | be constitutional, are declared to be the supreme desire to dissolve the Union, and release themto enable the constituted authorities to execute the law of the land, anything in the constitution or selves from the obligations which it imposes. If laws which have been passed in pursuance of the laws of any State to the contrary notwithstand- that be the issue in the approach of which the Constitution? No, sir; I am not prepared to deny | ing: The Constitution, in so many words, has Senator from Ohio rejoices, I am prepared to meet that such is the object of this bill. It is not con- decided the gentleman's position against him. it. fined to the fugitive law alone, but extends to all Then, when the Constitution has thus declared And, sir, I find nothing in the rebuke to which cases where it is necessary to protect the officers the supremacy of the laws and Constitution of the Senator alluded so tauntingly in the late elecof the United States in the execution of the laws the United States over State constitutions and tions to deter me from meeting the issue boldly of the United States. I am in favor of the bill for State laws, it has also said that the jurisdiction and directly. What is that rebuke of which he the precise reason that the Senator from Ohio is of the Federal judiciary shall extend to all cases speaks? Was the result of the recent elections a opposed to it, to wit: that its object is to execute | arising under ihe Constitution and laws of the manifestation of the determination of the people the laws, to prevent anarchy, to put down rebel: United States. Hence, I say, that in case of a of the free States that the Constitution should not lion and violence against the constituted authori-conflict between the Federal and State authorities be carried out, so far as it relates to the rendition ties of the country. Little did I expect to hear it upon a law within the scope of the Federal Con- of fugitive slaves ? Was that the issue, or was it avowed in the Senate Chamber, that a proposed | stitution, the State law must yield of necessity to that the Nebraska bill was wrong? or was it that law was monstrous, because it was to be made in what the Constitution of the United States has a Maine liquor law ought to be passed ? or was it aid of the fulfillment of the Constitution and laws | declared to be the paramount law.
that men born in a foreign land should be proof the Union. He thinks it is monstrous that a Mr. WADE. Let me ask the gentleman if he scribed because of the place of their birth; or that, man in Ohio, who has a suit, should be liable to believes in the resolutions of 1798?
wherever born, they should be proscribed if their have it transferred into the Federal courts. Now, Mr. DOUGLAS. ! am not surprised that the religious opinions did not harmonize with those does not the Constitution provide for that transfer Senator from Ohio desires to escape from the posi- | of the majority? whenever the case is between the citizen of one tion in which he has placed himself, by resorting Sir, it is fashionable to talk about your antiState and the citizen of another State? The Con- to the resolutions of 1798, or something else
Nebraska triumphs in the free States; but I should stitution says, in so many words, that the juris- / which he has been in the habit of ridiculing during like to know a man in any free State of this Union diction of the courts of the United States shall his whole life. I am not to be drawn from the whom the anti-Nebraska men have elected to reach that case. This law is proposed to be en- main issue between us by idle queries upon irrele- either House of Congress, who was not elected acted for the purpose of carrying out that express vant points. I say the Senator has raised here, || by the Know-Nothings ? I ask any Senator presprovision of the Constitution. The Senator from ) in the Senate Chamber, the standard of rebellion ent to point me to a man of them who did not reOhio thinks that it is a monstrous act of injustice against the Constitution of his country; against ceive the Know-Nothing vote? Will the Senator, that his constituents should be compelled to obey the laws of the land; against the highest consti- from Massachusetts (Mr. Wilson) say that it the laws.
tuted authorities of the Republic. He says he is was anti-Nebraskaism that sent him here? Was Mr. WADE. Will the gentleman allow me to ready
for the conflict which this bill is to produce; // it the anti-Nebraska feeling that beat every antiinterrupt him, for he either misunderstands me, a conflict which he tries to bring about between Nebraska member in Massachusetts who was a or he intends to mistake my position?
the Federal and State authorities. Sir, I trust that candidate for reëlection? That is one of the antiMr. DOUGLAS. Of course, ' yield the floor. that conflict is never to come. If it does come, I Nebraska victories which are spoken of, where a
Mr. WADE. I stated that this bill was in- shall endeavor to perform my duty as a citizen, whole delegation, arraying themselves under the tended to promote and help the execution of the and that duty will consist in maintaining every. | black banner of Abolitionism, and fighting Nefugitive bill. The Senator does not deny it. I right which a sovereign State possesses within the braska, were all swept away, and another delegasaid there were States in this Union whose highest | scope of our complex system of government. I tion, under a similar black banner, are to come in tribunals had adjudged that bill to be unconstitu- am a State-Rights man. I would not allow this their places ? Is that one of those glorious victories tional, and that I was one of those who believed Federal Government to invade any one of the at which the Senator from Ohio rejoices? it unconstitutional; that my State believed it un- rights of the States; nor, on the other hand, would Mr. WADE. If the gentleman can find any constitutional; and that, under the old resolutions I advise my constituents to raise the hand of vio- consolation in that, I am glad of it. of 1798 and 1799, a State must not only be the lence against the Federal Constitution. The line Mr. DOUGLAS. I am not seeking consolation judge of that, but of the remedy in such a case. of demarcation between State and Federal juris- | merely, but the truth. Will he point me to an
Mr. DOUGLAS. Well, Mr. President, this diction is so clear that in this case there is no ne- anti-Nebraska man elected in Ohio this year, who is the first time I have learned that the Senator | cessity, and very little excuse, for a misunder- did not receive the Know-Nothing vote? from Ohio regarded the resolutions of 1798 and standing upon the point.
they not all elected by the Know-Nothing organ-' 1799 to be superior to the Constitution of the Now, sir, I know that in some quarters it is ization ? United States. That sacred instrument provides fashionable in these days to justify resistance to Mr. WADE. I hope not. that the Constitution of the United States, and the law, and repudiation of constitutional authority, Mr. DOUGLAS. He hopes not; but he knows laws made in pursuance of it, shall be the supreme and of conscientious obligations, under the veil of that they were elected by Know-Nothing votes; law of the land, anything in the constitution or humanity, towards the black man. I have often and yet, on this floor, in order to aid his friends laws of any State to the contrary notwithstand- had occasion to say that all the objection which and allies in Virginia and the southern States, he ing. The Constitution has declared, therefore, / any person really entertains to the fugitive slave talks about that as being an anti-Nebraska trithe supremacy of the laws of the United States law is that it sends the negro back to his master, umph. Sir, (turning to Mr. WADE] you boast over those of the States in those cases where the where he is held to service under the laws of the that you beat every Nebraska Democrat in Ohio right to legislate has been given to Congress. State. I have never yet found an Abolitionist at the last election; and you might have added Then, is it to be insisted that, under the authority whose objection to the law did not consist in the that you beat every anti-Nebraska Democrat also, of the resolutions of 1798 and 1799, Ohio deems | fact that it sent the slave back to his master. If | because the Know-Nothings demanded other men. it a great outrage that she is not at liberty to an- that be the objection, I wish it to be borne in | Look over all the recent elections, and wherever nul and set aside the Constitution of the country? | mind that the objection is not to the law, but to you will show me one Nebraska member of the That I understand to be the Senator's position. I the Constitution of the country; for the Constitu- | House cut down, I will show you, I think, nearly It is no answer to this argument to say that, in tion says he shall be delivered up, anything in the two for one anti-Nebraska men defcated at the the private opinion of the Senator from Ohio, the constitution or the laws of any State to the con- same election by the same causes.
Was it the fugitive slave law is not constitutional. The Con- | trary notwithstanding. The provision is: Nebraska issue, then, that administered this reBlitution of the United States has provided a Su.
“No person held to service or labor in one State, under buke, or was it caused by your secret conclaves, preme Court for the purpose of determining the the laws thereof, escaping into another, shall, in conse- where you get men together at the dark hour of validity of an act of Congress; and wherever the quence of any law therein, be discharged from such service | midnight and administer to them the most terrible fugitive law has been brought before the courts of or labor, but shall be delivered up."
oaths that they, with a smile upon their faces and the United States, it has been held and adjudged to be constitutional.
compact between the States, faithful to that great to disarm suspicion, will strike down their neighMr. WADE. Will the gentleman allow me to palladium of our liberties-the Constitution-- bor in the dark, and conceal the hand that inflicte ask him one question?
which recognizes all our rights, all he has to do is ll the blow?
Wero 33p CONG.... 2D Sess.
Mr. WADE. Will the gentleman suffer me to or lodges he was required to abandon his party, convince himself that the result of those elections ask him a question?
and repudiate his time-honored principles, and was owing to Know-Nothingism, or any other Mr. DOUGLAS. Certainly.
become a FUSIONIST; if you caught a Nebraska ism except opposition to that measure, of which Mr. WADE. I ask the gentleman if his Ne- || man, Whig or Democrat, he was compelled by he was the father and great advocate, he is wel. braska bill was not concocted by a secret con- his oath to vote the Abolition-Fusion ticket; if come to do so. I do not believe, however, when clave in the night time! [Laughter.)
you caught an Abolitionist, or a man belonging to he sits down calmly and looks at the progress Mr. DOUGLAS. I am not surprised that the any other party or faction, he was bound to vote of affairs, and the progress of opinions by which Senator wishes to ask such questions-anything precisely, as a majority of the council or lodge those elections were brought to result as they did, to draw my attention from the real point of this should 'determine. But it so happened that, in that he can, in the secresy and silence of his own case. He does not choose to controvert any one the portion of the country where I reside, and chamber, convince himself that the Nebraska bill, fact which I have detailed here, and if those facts || I think, throughout the whole Northwest, every so called, had nothing, in fact, or very little, to do be true, they overwhelm every position he has lodge was under the control of Abolition leaders with them. If he has such an idea, I would point taken. I answer him, no, sir; the Nebraska bill || and Abolition auspices; and hence you could turn him to the election in Connecticut, the State repwas not concocted in any conclave, night or day. || it all against Nebraska men, and all other advo- resented in part by the honorable Senator who has It was written by myself, at my own house, with cates of the Constitution and laws of the United | introduced this bill, (Mr. TOUCEY;) to the election no man present. Whatever odium there is at- States.
of last year in New Hampshire, which took place tached to it, I assume it. Whatever of credit Mr. WADE. How did it work when they before Know-Nothingism was heard of; to the there may be, let the public award it where they caught Democrats?
election in Maine, with which that organization think it belongs. It will not do by inuendo to Mr. DOUGLAS. Well, sir, if they could find had little or nothing to do; to the election in attempt to avoid the issues presented. The fact a Democrat green enough to be caught, they ad- Rhode Island; to the election in New York, a is, and the gentleman knows it, that in the free ministered to him the oath, and then, I suppose, contest which resulted in sending my honorable States there has been an alliance, I will not say he did like all the others, yielded to an oath friend (Mr. SEWARD) back to this place for six whether holy or unholy, at the recent elections. which he abhorred, and acted with men whom he years; and let him ask himself if Know-NothingIn that alliance they had a crucible into which they did not respect in aid of principles that he believed ism produced those results there? For other parts poured Abolitionism, Maine liquor law-ism, and to be revolutionary, before he would violate the of the country I cannot answer. I do not feel it what there was left of northern Whigism, and oath into which he had been entrapped in that necessary to do so; but I know well that if genthen the Protestant feeling against the Catholic, secret lodge. I have no doubt you took a few tlemen lay the flattering unction to their souls, and the native feeling against the foreigner. All Democrats from us in that way; but I believe the that, in the free States, opposition to slavery, or these elements were melted down in that crucible, | day of reckoning is coming. The nature of that rather to the extension of slavery, had nothing to and the result was what was called the Fusion institution is becoming well understood. I have do with the result of those elections, they will find party. That crucible, in which these various felt its powers and its terrors, and if I could defy themselves, at a future day, just as much mistaken elements were melted, solved, and united was, in them then, I can defy them now. Sir, the rebuke as they have formerly been. Allow me to ask every instance, a Know-Nothing lodge. But for of which the Senator from Ohio spoke, has no whether the honorable Senator himself, and other your Know-Nothing lodges Illinois, instead of terrors for me. I would rather be proscribed, honorable gentlemen, did not urge, through the giving three thousand majority at the recent elec- ) and retire to private life, in the company of men northwestern States, the consideration that the tion for the Nebraska ticket, would have given with whom I have sympathy of principle and Nebraska bill was intended for freedom, and that twenty-five thousand. But for that my colleague | feeling, and for whose course I have respect, than the result of it would be to insure the State of of the other House, who is now within my eye, to be triumphant by such means, and controlled Kansas as a free State, as an inducement to stand (Mr. RICHARDSON,) instead of being elected by by such elements. Sir, I have faith that the by the Nebraska bill? And if that was urged as eight hundred majority, would have been elected storm is now passing off; but whether it is or not, an argument, why does the Senator present it in by three thousand on the Nebraska issue. My whether it be short or long, I say, let us stand the manner he does now? other colleague in the House, who is elected to the firmly by our principles, our creed, our organiza- Mr. DOUGLAS. The Senator puts a quesnext Congress, (Mr. Thomas L Harris,) and tion, and make no compromises with the enemy. tion to me, and I will answer him. I never urged turns out your Abolition Fusion Know-Nothing Let us stand by the flag that now floats over that consideration in any speech that I made member—I speak politically, with no design to be us. Let us be obedient to the Constitution, which during the whole campaign. What others did, I personally offensive-in the Springfield district, we have sworn to support. Let us maintain the leave them to judge, for I do not think I heard one would, instead of receiving two hundred majority, rights of those States which have honored us by Nebraska speech during the whole campaign that have received two thousand, if he could have had sending us here. Let us be faithful to our trust, I did not make myself. the Nebraska issue as the test, without the inter- and despise, and condemn all the allied isms of the Mr. FESSENDEN. Well, Mr. President ference of your secret Know-Nothing organiza- | day, and leave Providence and the people to work Mr. DOUGLAS. Allow me one moment; ! tion. Notwithstanding these facts, it suits the out, what I believe will be a glorious result. am going to answer the Senator. I took the ground purposes of some to parade all these victories, as Mr. WILSON. The Senator from Illinois has distinctly that the object of the Nebraska bill was they call them, as triumphs of anti-Nebraskaism | put a direct question to me, and when a direct to leave the people of each State and of each Ter. in the North, and as rebukes to northern men? ) question is put to me, sir, I choose to answer it ritory, to form and regulate their domestic instiAm I to understand that, if Mr. Wise should here or elsewhere. I answer the Senator, then, tutions in their own way; that if Kangas wished be defeated in Virginia, and a Know-Nothing by saying, that anti-Nebraskaism did not place to have slavery, she had a right to it; and that if delegation should be sent from that State to 'Con- me where I am. But I have another word to say, she did not want it, no power on earth should force gress, as from Ohio, and other free States, it and it is this; no man from Massachusetts can it on her; that a new State had as much right to would be proclaimed as an anti-Nebraska victory? | fill a place on the floor of this or of the other decide that question for herself as an old one If you should happen to carry the entire southern House who is not opposed to the Nebraska act of Minois as much as Virginia; and hence, that it States this year, and turn out your whole delega- || last year. The people of that Commonwealth, in was a violation of the principle of that bill, either ditions, bringing in a new lot vociferating their devo- their opinions on that measure, approach una- rectly or indirectly, to attempt to control the people tion to southern rights and southern institutions, nimity. Men of all parties are opposed to it. We of Kansas and Nebraska, for slavery or against all under the secret management of the mysterious have no controversy there about it. Massachu- slavery; and I condemned every effort at interferKnow-Nothing machinery, will you call that an setts is anti-Nebraska. Those who sent me here ence from the outside, either from Massachusetts, anti-Nebraska victory in the Souih?
are imbued with that feeling in common with or from Missouri. That was my position. Sir, this will not do. Let us call things by their nearly the whole population of that State, and I Mr. FESSENDEN. I am aware that in the right names. Let us look the real issue in the face. J entirely sympathize and agree with them in their debate which took place here, that was the posiWhat we had to fight at the North, was nomin- | uncompromising hostility to it.
tion which the Senator assumed and advocated. ally a Fusion party, but the organization was Mr. FESSENDEN. Mr. President, I have but Mr. DOUGLAS. And at home, too. thé Know-Nothing councils. Its whole vitality, a very few words to say in reference to this bill, Mr. FESSENDEN It is not for me to assert its energy, and its power, arose simply from the and those words will not be words of paesion, for the contrary. I did not have the pleasure of hearfact that its incongruous elements, which were to I have no passion to exhibit on this occasion. Iing or reading the speeches which he made at home; be moulded into one harmonious bond, could be see very plainly that the bill comes here, and has and of course I cannot question that he maintained assembled at the dark hour of the night, when been taken up this mornin?, by a concert and the same ground there. But the Senator, I appre. honest people were asleep, and there, under the association so strong that there is not the slightest hend, will not attempt to deny, that both in his protection of the most horrible oaths to observe | possibility of resisting it. It is perfectly manifest State and in other States in the North west, that secrecy, plan and plot, and pledge themselves to to me, as it is to every othri member of the Sen- argument was used on the stump by members of the execution of schemes which an honest man ate, on either side of the Chamber, that it must his party, to reconcile the people to the Nebraska would never dare to proclaim to the world or avow be passed, at some time or other, before we can bill. in the light of day: Thus, by stratagem and ter- proceed with any other business; and the only Mr. DOUGLAS. I have no reason to believe rors, men personally hostile, were forced to act question in my mind is, whether I should suffer it that any Nebraska man in Illinois used any such together-men who were the advocates of adverse to pass silently, and record my vote against it, or argument. I have no reason to believe it. On the and irreconcilable political theories, were appa- state very briefly the reasons why I shall vote contrary, I believe they assumed the sane posi. rently moulded into one common brotherhood; and against it, and what is the opinion I entertain of it. tion that I did, and that we were of one accord although they might not approve of the objects, I have no reply to make to the honorable Sen- | throughout the State upon that question. yet, being bound by oath to obey orders and vote ator from Illinois, with reference to the main part Mr. FESSENDEN. Whether they were as they were directed, they felt constrained to -much the larger part of his speech. If he can Nebraska men, or not, in terms or profession, I yield obedience under the terrors of being branded draw, any consolation from the elections which know not, I care not; but that they were memo as traitors and perjurers, as your Littlejohns and have been held since he introduced what is called bers of the same party as the honorable Senator; other recreants have been for voting for Mr. Sew- the Nebraska bill into the Senate, he is welcome that they were endeavoring to sustain him and
D. If you caught a Democrat in your councils ll to all the consolation that he sun get. If he can his friends; that they were endeavoring to sustain
Execution of United States Laws--Debate.
the action of Congress with regard to that Ne Certainly, if he asked it, it was refused. When spent, more money was employed, more effort
speak at Springfield, during the last canvass, the the debate upon that subject. I have not come to Mr. WELLER. I hope, when the honorable State House was not refused to me or to the anti- the conclusion to which the honorable Senator Senator speaks of all the free States who have Nebraska men. I am bound to say, in justice to from Illinois has arrived, who judges from his held their elections, that he excepts my State; be- || Mr. Moore, whom I understand from all quarters, personal knowledge of the subject; but, sir, there cause, there we had six candidates for Congress, Nebraska and anti-Nebraska, to be a perfectly is one thing not looked at that is, that, in the Iwo Whigs and four Democrats—though only I honest man and most worthy officer, that upon great Democratic State of Illinois, it seems the two were to be elected--and all of them, Whigs that occasion every courtesy I could ask or desire Know-Nothings were so terribly powerfal that and Democrats, were pledged to the Nebraska was extended to me by the citizens of Springfield. || they could not even carry the only candidate they bill.
The State House was, as I was informed, not in a had, the candidate for State treasurer. They who Mr. FESSENDEN. I presume I must except condition to be occupied by anybody at that time, I did everything else could not, it appears, succeed California.
and I think there was some rule against any parties in their own nomination in thai State. What Mr. WELLER. I should be glad if you occupying it. My honorable friend from Illinois else did we see, sir! We saw that the antiwould.
[Mr. SHIELDS) spoke the evening before at a pri- | Nebraska members of Congress were elected by a Mr. FESSENDEN. I would not attempt to vale hall, and I spoke in the court-house.
large majority-whether it was ten or fifteen thougo west of the Rocky mountains at all. When Mr. DOUGLAS. That answer is not such as sand, I do not know. What do we see next? We speaking of the North, and of the free States, I I should have expected from the Senator from see a strong anti-Nebraska Legislature elected have not been thinking of California at all. I be- Ohio. I was not at Springfield at the time, and members in each branch, who, when they come lieve I am aware of the fact that all the candidates
was not certain whether he applied for permission together, are so strongly infected with dislike of in California found it convenient to place them- to speak in the State House, or whether it was the Nebraska bill, and all its consequences, that, selves on the ground of supporting the Nebraska refused to his friends for him. If he had applied, though made up of a majority of original Dembill; and although some of them were called it would have been refused. He has reason to ocracts, they would not even reëlect the colleague Whigs, and some Democrats, since they did place know that it was refused to Cassius M. Clay. l of the honorable Senator from Illinois, who has themselves in that position, let me say it makes He has reason to know that every Abolition, Fu: addressed the Senate this morning. They would very little difference to me, or any of those at the ) sion, Know.Nothing orator in Illinois, denounced not send him here with all his great popularity, North who were formerly, or are now, called John Moore for that act on every stump in the with all his great personal worth, with a reputaWhigs, on which side of the contest that was State. He has reason to know that John Moore | tion for high personal qualities which I cannot going on they were, or what was the result of that never explained or disclaimed it, but allowed the help saying I would as soon take with me when contest.
election to take place on that issue; and, receiving | I leave this Chamber as the reputation of any The honorable Senator from Illinois has spoken | the combined fire of Know-Nothingism, Abo- other man who is a member of the Senate. If his of three thousand majority in Illinois in support litionism, Maine-Lawism, and Anti-Nebraskaism | public worth and strength with his own party, of the Nebraska bill. I was surprised to hear -all of the isms together
he had a popular ma- which had a majority in that Legislature, could him say so. He knows much better than I do jority of three thousand in the whole State; and I not send him back again, not withstanding the what the result was; but, if I am correctly in submit, now, whether he got many Abolition votes? strong personal regard which they have for him, formed by a debate which took place in the other Not one in the State.
what is the reasonable inference with regard to House, there was something like fifteen thousand Mr. FESSENDEN. I did not expect to eay 80 public feeling in Illinois. The members of the majority for those members of Congress who much in reference to the election in Illinois, or to Legislature must be presumed to be somewhat were elected as anti-Nebraska men.
be drawn into a controvery about it; but I have acquainted with the feelings of their constituents, Mr. DOUGLAS. I will put that matter right || understood and the honorable Senator, and other and somewhat infected with them. in a few minutes. Each of the regular Democratic gentlemen from Illinois know whether it is true or But, sir, I am willing to pass over this matter. candidates went for the Nebraska bill in the same not that the nomination of any candidate against ! alluded to it with no intention to speak upon it terms and with the same explanation which I have Mr. Moore was not known in a part of the State, ll long, but have fallen into the error into which announced to you. In the southern district there which threw a very heavy anti-Nebraska vote, many men fall, and that is, only intending to say a were two or three candidates, all of whom were and that the result was owing to that fact. few words they say a great many. It has no particin favor of the Nebraska bill; and, in the other Mr. DOUGLAS. I wish to state that the Sen- ular bearing upon the bill now before the Senate, House, in order to make up the majority for the ator from Maine would do well to inquire of those and that is the matter on which I rose to speak. anti-Nebraska candidates, they count a part of | who have the means of knowing, instead of re- The honorable Senator from Illinois says that those candidates as anti-Nebraska. Then again, peating here what my honorable colleague in the this is a question whether we will support the in one district, that in which Judge Trumbull was House denounced, when it was said by a man who Constitution. Here is an act brought before the elected, he, as I am told and believe, in order to did not know it, and which we all know was un- Senate which we are called upon to pass, which, get Democratic votes, pledged himself against the founded. The gentleman who made that state- he says, involves the question, with reference to further agitation of the question, against even the ment was from Galena, within about six miles of gentlemen who are to vote here, whether they are bringing in of a bill to change or repeal the Ne- Wisconsin. He never went down to the central willing to carry out the provisions of the Consti. braska act, and thus he probably got nearly as or southern part of the State during the election, tution on the question of slavery. I acknowledge many Nebraska as anti-Nebraska votea. Hence and I tell you that Miller, the Know-Nothing no such question. Many bills may be presented the congressional election does not furnish an candidate, was nominated weeks, if not months,
to the Senate which are constitutional in terms, unerring test on the Nebraska question, although before the election; that circulars were sent all and would be constitutional in effect, and yet are we elected to the next Congress one more Ne- over the State, to every Know-Nothing lodge, so odious in their provisions, so unnecessary, 80 braska man than we have in the present Congress, commanding them to vote for Miller; that Simeon uncalled for, so contrary to the sense of the Senbeing a clear gain of one member.
Francis, the chairman of the Whig central com. ate, or of some individual members, and of a vast But there is one test on that subject which I mittee, sent out circulars to every corner, every
number of individuals in the country, that men will give, and the Senator from Maine will recog. neighborhood in the State, weeks before the elec. may well differ upon them, and hesitate how they nize it as a proper one. Old John Moore, as he tion, urging the Whigs to vote for him; that the shall act. I deny the proposition which has been is called in Illinois, an Englishman by birth, was Abolition and Free-Soil committees sent out cir. advanced by the honorable gentleman from IlliState treasurer, and as Slate treasurer he had culars urging the same thing, and the newspapers | nois, that this is a constitutional matter, and that charge of the State House in Springfield. When gave as a special reason why John Moore should every man who stands up and says he objects to Mr. Giddings went there to make an Abolition be beaten, that he was the only State officer run- this bill, and that he shall oppose it to the utmost speech, old John Moore told him he could not ning all over the State, and if they did not beat of his power and by constitutional means, must speak in the State House and utter sentiments such him, and yet got the Legislature to pass resolu- be held a traitor to his country and to his trust. as he held of disloyalty to the Union. When, I tions of instructions on Douglas, Douglas could Sir, I acknowledge no such thing. I say, with thick, the Senator from Ohio (Mr. CHASE] went turn around and say that is not the voice of the regard to this bill, that I understand its object; at out there to make an anti-Nebraska speech, people, for John Moore had a majority. These any rate, I understand how it has come here, and, he was refused admission into the State House. ll reasons were urged everywhere. More time was II why it has come here; and if I speaks harshly in
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regard to the bill itself; if I speak of it harshly at inquired by gentlemen who have preceded me- before the Senate, and a Senator had objected a home; if I denounce it both here and everywhere; this bill is introduced? Why, I again ask, does week before, and which during the course of the if I agitate upon it, it is because I do understand it come? Why is it sprung upon us in the man- week he had not examined, it is proper for that both its origin and its object. And, sir, allow me ner that it has been? Why is it that no reasons Senator to ask another week's delay, when he an. to say, not with my honorable friend from Ohio, are given for it? Sir, has it been pretended that nounced at the same time that he would not vote who proclaims himself no agitator, that, on a ques- there is a pressing necessity for it in this country? | for the bill? I had another reason for the course tion of right, a question of justice, a question The honorable Senator from. Illinois says it is a which I pursued, and that was, that I had no idea affecting the interests and feelings of my constitu- measure designed to carry out the existing laws that the honorable Senator intended to examine ents, I am an agitator. I will agitato such ques- of the United States. What law? Sir, are we the bill, or wished to examine it. tions. It is my duty so to agitate; and I am not so blind—is it to be supposed that we are so blind Mr. FESSENDEN. The honorable Senator to be silenced by the mere declaration that I am-that we cannot see, and will not notify the supposes it to be so. Would the same remark disturbing the country. Let those talk about that people of our respective States, that it has but a have been made on the same occasion, upon any matter who introduce this measure. They are the single object, that it is brought in for a single pur. other subject whatever? Supposing a Senator bad real agitators. It is not for them to introduce pose, brought in at the close of the session, and demanded, or requested the same courtesy with measures into the Senate and before the country sprung upon us to be carried through by party reference to any other subject matter, any other calculated to stir up agitation, and then denounce machinery-I say party machinery–with refer- private bill before the Senate, would it have been those as disturbers of the peace of the Union, and ence solely to slave questions connected with the heard of that any gentleman would ask him, “Sir, agitators, and violators of the principles of the fugitive siave law, or some collateral question | do you intend to look at it, and will you look at Constitution, who oppose them. Sir, all that kind growing out of the execution of that law?" it?" Sir, I impute nothing offensive to my friend of declamation goes by me as the idle wind. I Sir, the matter is obvious. It cannot be con- from North Carolina. Everybody knows that he have heard it for years, and I have learned to dis- cealed; and gentlemen have come to us with the is one of the best natured, amiable gentlemen in regard it. It is of no more consequence to me same honeyed phrases we have heard before, that the world—one who is most courteous in his ordi. than the idlest rumor that could reach my ears. there is no agitation; that the Nebraska bill was nary demeanor here, and from the very fact that
Well, sir, how does this bill come before the introduced not to create agitation; that it was sim- he, of all men in the world, with his courtesy and Senate? Let us look at it. We have heard from ply to establish a great principle of non-interven- his kindness, could on that occasion exhibit a honorable gentlemen, on the other side of the tion; but that bill was passed, and the people did feeling of the description which he did exhibit, Chamber particularly, for the last week or more, not believe a word of all such pretenses. A few was proof to my mind that, whenever anything that the session was drawing to a close, that we days ago we had a bill to pay for slaves who had comes up here with which this matter of slavery must economize time, that we were spending it in been carried away, and I remarked, as a most is connected in any degree, there is but one sysidle debate, when we were introducing measures singular fact, that on that private bill, without any tem to pursue, and that is to go it through, and go here that had no chance of passing both Houses of discussion of its merits, without a knowledge, in it blind, and that without reference to any considCongress. I say we do not speak of myself, | fact, on the part of, I may say, five or ten Sena- eration of the consequences which may ensue. however, but of other gentlemen, who, from their tors, every Democratic member of the Senate, Mr. BADGER. Will the Senator allow me to position on committees, have power to bring ques- save one, from the free States—every Administra- | ask whether he has any right to urge that as an tions before the Senate. We have been told this. tion member, if I may so call them, and every | objection, assuming it to be true; for on the other Well, sir, what do we see in the face of all this? southern man, withoui exception, voted for that side, is it not one steady and continuous system We heard the same story even from the honorable || bill. It was a most remarkable event, sir, in con- which is pursued, that whenever compensation is Senator from Copnecticut this morning. He ap- | nection with a private claim, and a private claim sought for the owners of slaves, under any cir. pealed to the Senate to stop debate on a little mat- exclusively.
cumstances, it is always utterly and pertinaciously ier of business which was intended to regulate the Mr. BƯTLER. What was the bill?
opposed, and that the opposition go it blind ? close of our proceedings at this session; and yet, Mr. FESSENDEN. It was a bill to pay Mr. FESSENDEN. Therefore the honorable sir, at the moment that was ended he rose in his somebody for slaves that were lost.
Senator will not inquire whether anything is actuplace and called up this bill, which he knew well Mr. BAYARD. I ask the honorable Senator | ally due or not a most logical conclusion—but will must occasion debate and consume time; which he || from Maine, whether any objection was made to take it on trust whenever such a bill is reported, knew, as well as any one, could stand no chance the bill by any Senator, except on the ground without examination. of being acted upon, unless by some suspension that it was to pay for slaves ?
Mr. BADGER. The honorable Senator will or violation of the rules of proceeding of the other Mr. FESSENDEN. With reference to the || permit me to say that I do not think that is a falHouse, such as resulted in carrying the Nebraska bill, the honorable Senator from Ohio stated that lacy in his logic, but it is one that is utterly unfair bill through late one night; yet, the honorable he did not think, on an examination of it, that it in his conclusion. I said nothing about passing a Senator, after he had read this lecture upon the came within the provision of the law upon which | bill without examination. The bill was open to close of the session, and upon the necessity of it was said to rest. He said, moreover, that he discussion. The Senator from Ohio had full ending debate and economizing time, introduced was opposed to the principle. I did not state that power to discuss it the whole day, and the whole this measure, which, he knows well, must occupy I was opposed to that principle, and I never have week if it continued so long. The sole and single much valuable time, and which, in my judgment, 80 stated. I am not prepared to state now that I question before the Senate was, whether at the he cannot believe will lead to any practical result am so opposed, under any, and all circumstances. close of the session, a private bill which had been at this session.
I voted against it, and why? I voted against it | postponed a week at the instance of a Senator Sir, when that bill came here, I found, on look- because the common courtesy which is granted | who requested that he might be permitted to look ing at the Calendar, and you will see, that it is to every member of this Senate when he rises into it, who had not looked into it in a week, the last bill but three, which has been reported to in his place and moves a postponement of a ques. who had no purpose or intention to look into it, the Senate. It has been brought in here, then, 1 tion, in order that he may examine it, was refused and who announced his intention to vote against within some two or three days, I cannot tell when to the Senator from Ohio. Why? Because the it under all circumstances-when the bill was exactly; the honorable Senator can inform you. Senator from North Carolina put a question to not to be hurried through upon the previous It has gone to the Calendar this morning for the him that I never heard propounded to any Senator question, which was not to be passed without first time. There are but three bills after it; there before since I occupied a seat in this Senate, and consideration of its merit, should be then consid. is the whole Calendar before it. It comes in here that was, sir, whether he had not already formed ered. That was the question. at this period, and we are appealed to to stop de la definite opinion on the subject?
Mr. FESSENDEN. What right has the honbate, to economize time, and yet the very first thing Mr. BADGER. Will the Senator allow me orable Senator from North Carolina to say that the done is to call up a bill of this kind, involving to correct him, as he refers to the Senator from Senator from Ohio had no intention or desire to great principles, involving as much feeling as ne- North Carolina? Does he not recollect also, that I look into it. cessarily must be involved; and it is taken out of I asked the Senator from Ohio, whether that, one Mr. BADGER. I gave that as my opinion in its order before we have an opportunity to exam- week before, on the preceding Friday, he did not the presence of the Senator from Ohio. I have ine it, before we are notified of its existence, before object to the consideration of the bill? He ad- 1 given it twice, and he seems to give his assent we have had a chance to discover what its provis. | mitted he did; and does he not recollect further, ions are, and on the simple statement of the Sena- that I asked him, whether he had looked into the Mr. FESSENDEN. I imagine that such illibtor from Connecticut, we are called upon to pass bill after it was passed over on that occasion, on eral opinions are not advanced in this body except the bill, he giving notice that it is unnecessary to his objection, and that he said he had not? on precisely such bills as these. Senators do not have any debate upon it. Sir, I am sorry that it Mr. FESSENDEN. Precisely; and is it cus- judge in that way except on such bills. I adduce has been brought forward for these reasons. I am tomary, in the ordinary course of business in this that as an instance showing that, in reference to not sorry for another reason, because if gentlemen | Senate, to put every gentleman, when he requests anything of this kind, the determination is made intend to follow this system of measures, if they further time to examine the subject, upon his beforehand to press the measure through. intend to irritate all they can the feelings of the honor, to say whether he has done his duty? Now, with reference to this bill, I have alluded people of the free States of this country, let them What I would say, is, that the question put to the to the fact, that it came in but a day or two since. do it. The faster they do it, the better. I care honorable Senator on that occasion, was a new It presents itself, and is laid upon our tables when not how soon these measures come, if they are to test, and one which has never been applied to any they are loaded with business-when all the leadcome; and if these gentlemen choose to take the other Senator in my hearing a question which I ing Senators are saying to us that we must econresponsibility of them; if they choose to outrage have never, as long as I have been a member of omize time. Yet, sir, take the example of the Senthe North, be it so. The responsibility is not on the Senate, heard asked, by any body, on any i ator from Virginia, who never does anything amiss me; but I shall not forget my right to speak in the occasion.
intentionally, especially with reference to the busimatter, and take up as much time as is necessary, Mr. BADGER. Then I want to ask the Sen. ness of the Senate. He warned us that we needed because of any consideration arising from our near ator if he wants delay to be granted, why might all the time we had; yet I notice that he, this mornapproach to the close of the session.
not another after that, and still further, to ask the ing, voted to take up this bill, in the teeth of his Are any reasons given why-as has been well 'l question, whether, when a private bill comes profession, that all the time was needed for the
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*necessary appropriation bills now, or soon to be, for govern us it does--I stand here to oppose Union, and which could not be recognized as law before the Senate.
them, to make my opposition and protestation by any man of common candor or common frankWhat is the object of this bill? It is admitted against them on all occasions; and I shall stand at ness, who properly considered the Constitution of there is no dispute about it that it is intended home-if I ever reach it-ready to agitate upon the United States. simply and solely to deprive the courts of the sev- this subject, and to convince the freemen of my Mr. President, I am not going too far in stating eral States of any and all power on any question honored State, if I can, that this measure is but a that the whole course of northern legislation upon arising under the fugitive slave act, or any other renewed assault upon the honor and independence this subject, for the last few months, has been a act of ihe United States which may be passed with of the free States, and the just rights of their course of direct war upon the South; and the bill reference to that or any other subject, but partic- l people.
now before the Senate is a measure not of aggresularly with regard to that subject. Has there been Mr. BENJAMIN. I had not the slightest sion, but of defense. Here is a law of the State any reason given for it, I again ask? This power, idea of engaging in this discussion when I came of Michigan, which was brought to the attention ever since the formation of the Government, has here this morning; but, sir, assertions have been of the Senate yesterday. Let me ask the attenexisted in the State courts; and has any difficulty made and repeated upon this floor, such as have tion of honorable Senators to this law, and let me arisen? Never, since the first act which was passed always been made to the detriment of those who ask those gentlemen who are most opposed to the on that subject, has the matter been mooled here. advocate the rights of the southern States from rights of the South, as asserted by us on this floor, Is there any pressing occasion? Why did not the the time when, in an evil hour, gentlemen from the in common frankness and common candor, if this honorable Sepator from Connecticut tell us what North undertook to direct Federal legislation to a is, or is not, a direct nullification of the legislathe necessity was for bringing, at this late period subject with which the Federal Government has ) tion of the United States? I mean to take this of the session, this bill before the Senate? Why nothing to do.
law, passage by passage, and say a few words did he not inform us whether or not any outrage- The assertion is made by the Senator from Ohio, ll upon it. The statute of Connecticut is the same ous act had been committed, or was to be com- [Mr. Wade,) and by the Senator from Maine, in substance. The decision of the supreme court mitted, which made it necessary to introduce this (Mr, FESSENDEN,] that this is a wanton and un- of Wisconsin is the same in substance; and the bill? He has specified no such act; and yet we provoked attempt on the part of the South again || honorable Senator from Ohio tells us that scarcely are obliged to take it as it comes to us at this stage to commit aggression upon the rights or upon the will the Legislature of bis State have again met, of the session, and either vote upon it in silence, feelings of the North; that where there is no neceg- when a similar legislation will follow in the lead or else waste the time of the Senate--for it is, in sity for this measure; that when everything was
of what he calls the “glorious" example set by one sense of the word, wasting the time of the quiet and tranquil through the land, gentlemen Wisconsin. The first section of this law of the Senate--to enter upon a discussion of a measure from southern States again bring forward this sub- | State of Michigan provides that of this kind at so late a day.
ject, with a view to inflame popular passion and “ The people of the State of Michigan enact, that it sball With reference to the people of my own State, excite popular prejudice. Mr. President, the South be the duty of the prosecuting attorneys, within their reand the people of the eastern States, I wish them have said over and over again, that all they ask,
spective counties, whenever any inhabitant of this state is
arrested or claimed as a fugitive slave, on being informed to understand that this new legislation is designed all they ever asked, was to be let alone. All they ll thereof, diligently and faithfully to use all lawful means to for the purpose of depriving their courts of all desire, and all they have ever desired, was that protect, defend, and procure to be discharged, every such vitality, all power to protect the rights of their legislation in the northern States should leave person so arrested or claimed as a fugitive slave." own citizens, whenever a question affecting a sup- southern rights and southern property free from I say nothing of this. I omit all comment on posed or alleged fugitive slave is concerned further aggression. We are cold, sir—and the a State Legislature directing State officers to inwhenever the question which has excited so much Senator from Vermont, near me, (Mr. BRAINERD,)terfere when a citizen of the United States claims feeling in those Stales is agitated at all. The ob- seems to think the assertion is a triumphant one- the execution of a law of the United States enacted ject is to deprive them of the power to grant the that it is we who now begin this aggression. | under a constitutional authority delegated to Conwrit of habeas corpus, or to decide the fact upon Why, sir, the Senator from Michigan (Mr. Sto- greos. Buch a writ, and otherwise to put every question ART] brought to the notice of the Senate yesterday The second section provides, that of a similar nature within the exclusive jurisdic- a law of the State of Michigan; at an early period
“ All persons so arrested and claimed as fugitive slaves tion of the courts of the United States, under the of the session we had brought forward a law of shall be entitled to all the benefits of the writ of habeas direction of Federal officers, who are appointed the State of Connecticut; at a different period | corpus and of trial
jury." by this Government, paid by this Government, during the present session of Congress our atten
Now, sir, this is in direct opposition to the laws and who, as my honorable friend from Ohio says, tion was called to a decision of the supreme court of the United States, enacted for the purpose of have recently had their salaries increased, so far of the State of Wisconsin, and what do we find, enabling such owners to reclaim their fugitive as a vote of the Senate can increase them, though sir? We find that State after State, throughout slaves in northern States; and it is, and is intended I would hope that he was in error in supposing the North, is directing its legislation, and not only
to be, in direct contest, in avowed opposition, to that that increase was made in view of this meas- directing its legislation, but that its courts of jus- the laws of Congress in that particular. The law tice are perverting its jurisprudence in direct at
does not stop here.
The third section provides, that
"If such writ of habeas corpus shall be sued out in vacathe enactment of a law of this kind, and, if it be- eracy.
tion, and if, upon the hearing of the same, the person imcomes a law, do you suppose that we shall not Mr. President, since the last session of Con- prisoned, arrested, or claimed as a sugitive slave shall not find some way in the States, within the limits of gress, under a pretext that a law of the United be discharged, such person shall be entitled to an appeal to the Constitution, in which we can protect the States, which did nothing but recognize the consti
the circuit court for ihe county in which such hearing shall rights of our fellow-citizens when they are jeop-tutional principle that the people of each portion as the officer granting the writ or hearing the case, shall
have been had, on furnishing such bail within such time arded? Sir, you mistake the temper of the eastern of this Confederacy were, by the Constitution, judge reasonable or proper.” people.
vested with the exclusive right to regulate their It is not necessary to comment on this.. I'am pot one who indulges in threats. Threats own domestic affairs, and govern their own domes
Take the next section: are idle everywhere, and especially in this place, tic institutions, was a violation of the rights of
" The court to which such appeal is taken, and any court whether they come from free States or slave States; the North, the people in the northern States of the
to which a writ of habeas corpus in behalf of any such percast or west, north or south. I make none; but Union have been directing a fierce and prolonged son claimed or arrested as a fugitive slave is made returnI tell you this will not go on to the statute-book agitation, not only against that law, but against a able, may, and shall, on application of either party to such merely as a wise precaution taken to protect Fed law which has stood
upon your statute-book since proceedings, allow and direct a trial by jury on all queseral officers against injury from the citizens of the the time when General Washington was first
aforesaid; and the taxable costs of sich trial shall be States. It will not go on merely as a calm, delib- elected President of this Republic. Now, sir, that chargeable to the State whenever the same would be othererate enactment for a good purpose, but as an idea of nullification about which we heard so wise chargeable to the person arrested or claimed as a intentional, direct insult to the courts and the much a few years ago, when the rights of the
fugitive slave." people of the several States-a declaration that | southern States were pushed to the extent of nul- The State of Michigan is not only going to interyou have no confidence in them; that you have lifying the constitutional enactments of the Gen- fere in opposition to the right of the claimant to his no confidence in the people of the free States; and eral Government by the acts of the Legislatures of property, it is not only to employ its officers (who as a declaration of the honorable Senator from the States, has changed its locality, and South are sworn to obey, not only the laws and conConnecticut, in connection with those with whom Carolina is now taken into the arms and affectionstitution of the State, but the laws and Constituhe acts, that he will lend his aid to break down ately caressed by Ohio, Vermont, Michigan, Wis- tion of the Uuited States) to resist the execution the respectability of that judiciary for which, cer- consin, and Connecticut.
of a Federal law, it is not only enacting, in direct tainly, he ought to entertain respect, for no man Mr. President, it is a familiar adage, that times opposition to the terms of an act of Congress, that knows better than he does its high character and change, and we change with them. Who would the habeas corpus shall be applied to such cases,
ever have expected, a few years ago, to have and an appeal and trial by jury also allowed; but Now, sir, in conclusion, I wish to state that no heard it said in the Senate of the United States, by the State of Michigan, out of the State treasury, man need impute to me the declaration that I will Senators from the North, that State tribunals were will pay the costs incurred in resisting the execudisregard the Constitution of the United States. vested with jurisdiction, in the last resort, to detion of a law of the United States. li will go still I mean to respect it at any and all times. I under- termine upon the constitutionality of laws enacted further. Sir, it makes it a penal offense for any stand the oath I have taken; but, while making by the Congress of the United States; that their officer of the State to receive within the limits of this declaration, I wish to say still further to gen- decisions were of greater weight, and entitled to any prison or any jail of the State, any fugitive tleren who give their support to measures of this higher respect, than the decisions of the Supreme committed for trial. In the next section it prodescription, that whenever they are brought for- Court of the United States; and that it required | vides an imprisonment of not less than three nor ward with such a design, whenever they exhibit || nothing more than an inflamed popular prejudice more than five years to any person who shall fail such a tendency, whenever they show that our to pervert the course of decisions in any one of to prove his property in his fugitive slave. If a legislation is to be directed, at all times, with our sister States in order to make that law in one southern gentleman goes to the State of Michigan, reference to this slave power which governs us
State which was not law in any other State of the Il in search of a fugitive, in search of his property,