|
Main
- books.jibble.org
My Books
- IRC Hacks
Misc. Articles
- Meaning of Jibble
- M4 Su Doku
- Computer Scrapbooking
- Setting up Java
- Bootable Java
- Cookies in Java
- Dynamic Graphs
- Social Shakespeare
External Links
- Paul Mutton
- Jibble Photo Gallery
- Jibble Forums
- Google Landmarks
- Jibble Shop
- Free Books
- Intershot Ltd
|
books.jibble.org
Previous Page
| Next Page
Page 59
These are the constitutional amendments which I propose, and embrace the
whole of them in regard to the questions of territory and slavery. There
are other propositions in relation to grievances, and in relation to
controversies, which I suppose are within the jurisdiction of Congress,
and may be removed by the action of Congress. I propose, in regard
to legislative action, that the fugitive slave law, as it is commonly
called, shall be declared by the Senate to be a constitutional act, in
strict pursuance of the Constitution. I propose to declare that it
has been decided by the Supreme Court of the United States to be
constitutional, and that the Southern States are entitled to a faithful
and complete execution of that law, and that no amendment shall be made
hereafter to it which will impair its efficiency. But, thinking that it
would not impair its efficiency, I have proposed amendments to it in two
particulars. I have understood from gentlemen of the North that there
is objection to the provision giving a different fee where the
commissioner decides to deliver the slave to the claimant, from that
which is given where he decides to discharge the alleged slave; the law
declares that in the latter case he shall have but five dollars, while
in the other he shall have ten dollars--twice the amount in one case
than in the other. The reason for this was very obvious. In case he
delivers the servant to his claimant he is required to draw out a
lengthy certificate, stating the principle and substantial grounds on
which his decision rests, and to return him either to the marshal or to
the claimant to remove him to the State from which he escaped. It was
for that reason that a larger fee was given to the commissioner, where
he had the largest service to perform. But, sir, the act being viewed
unfavorably and with great prejudice, in a certain portion of our
country, this was regarded as very obnoxious, because it seemed to give
an inducement to the commissioner to return the slave to the master, as
he thereby obtained the larger fee of ten dollars instead of the smaller
one of five dollars. I have said, let the fee be the same in both cases.
I have understood, furthermore, sir, that inasmuch as the fifth section
of that law was worded somewhat vaguely, its general terms had admitted
of the construction in the Northern States that all the citizens were
required, upon the summons of the marshal, to go with him to hunt up,
as they express it, and arrest the slave; and this is regarded as
obnoxious. They have said, "in the Southern States you make no such
requisition on the citizen"; nor do we, sir. The section, construed
according to the intention of the framers of it, I suppose, only
intended that the marshal should have the same right in the execution
of process for the arrest of a slave that he has in all other cases of
process that he is required to execute--to call on the _posse comitatus_
for assistance where he is resisted in the execution of his duty, or
where, having executed his duty by the arrest, an attempt is made to
rescue the slave. I propose such an amendment as will obviate this
difficulty and limit the right of the master and the duty of the citizen
to cases where, as in regard to all other process, persons may be called
upon to assist in resisting opposition to the execution of the laws.
I have provided further, sir, that the amendment to the Constitution
which I here propose, and certain other provisions of the Constitution
itself, shall be unalterable, thereby forming a permanent and
unchangeable basis for peace and tranquillity among the people. Among
the provisions in the present Constitution, which I have by amendment
proposed to render unalterable, is that provision in the first article
of the Constitution which provides the rule for representation,
including in the computation three-fifths of the slaves. That is to
be rendered unchangeable. Another is the provision for the delivery of
fugitive slaves. That is to be rendered unchangeable.
And with these provisions, Mr. President, it seems to me we have a solid
foundation upon which we may rest our hopes for the restoration of peace
and good-will among all the States of this Union, and all the people.
I propose,sir, to enter into no particular discussion. I have explained
the general scope and object of my proposition. I have provided further,
which I ought to mention, that, there having been some difficulties
experienced in the courts of the United States in the South in carrying
into execution the laws prohibiting the African slave trade, all
additions and amendments which may be necessary to those laws to render
them effectual should be immediately adopted by Congress, and especially
the provision of those laws which prohibit the importation of African
slaves into the United States. I have further provided it as a
recommendation to all the States of this Union, that whereas laws have
been passed of an unconstitutional character, (and all laws are of
that character which either conflict with the constitutional acts
of Congress, or which in their operation hinder or delay the proper
execution of the acts of Congress,) which laws are null and void, and
yet, though null and void, they have been the source of mischief and
discontent in the country, under the extraordinary circumstances in
which we are placed; I have supposed that it would not be improper or
unbecoming in Congress to recommend to the States, both North and South,
the repeal of all such acts of theirs as were intended to control, or
intended to obstruct the operation of the acts of Congress, or which in
their operation and in their application have been made use of for the
purpose of such hindrance and opposition, and that they will repeal
these laws or make such explanations or corrections of them as to
prevent their being used for any such mischievous purpose.
Previous Page
| Next Page
|
|