.G5/ p-^ /ss/ E 423 .G31 Copy 1 REMARKS JOSEPH H. GEIGER, ESQ., SENATOR FROM THE )ii"rm8@T m mm hmm m^^mfhi^ SENATE QF OHIO, FRIDAY , JJiJYUARYll, 1851 TO WHICH ARE AFFIXED, A SKETCH OF A REPLY BY MR. WALKER, SENATOR FROM MONTGOMERY, CmiililCOTHE, o : FR031 THE PRESS OF THE DAILY SCIOTO GAZi^fTE. 1851. ^^.v. •&^^ MR. GEIGER'S RESOLUTIONS. Laid on the table of the Ohio Senate,land ordered to be printed, January 9, 1851. Whereas, the agitation of the subject of slavery by deA to advance the true object of the law, by removing iho sicrning men, both at the North and the Snmh, for ihe( prejudice and hostility awakened against it in its present purpose of acquiring local popularity in their respec- (form. live districts of country, is to be deprerated ; and ( i^'eso^rcfZ, Fourth, that the Fugitive Law passed at the whereas, much of tke improper feeling existing be- (late session of Congress is objectionable, because it tween tlie Free and tlie Slave States, has arisen from ( makes ex parte evidence conclusive, without allowing the mutual misunderstanding of the true sentiments of (the alleged fugitive to contest by disinterested testimony the mnss of the people in each section of the Union: (any other question than lliat of h\s identiti/, and while Therefore, (summary proceedings maybe allowed in preliminary Iiesolved,by the General Assembbj of the Stale North has never been aught else;— not by servation, must necessarily weaken, limit, \ noisy brawling, but by practical action ;— the and extirpate slavery from tlie American soil.) doctrines emanating from our State Conven- Therefore, hion of 1848. are, in every way, superior to Resolved, That the motto of every Christian ) your Buffalo' riaiform ;— by them, the Whigs and every patriot should be, "A^o union with\oi Ohio have steadily stood. Other parts of slave-holders, either religiously or politically:' )Ohio remained true to their integrity, while In September, 1849, an Anti-Slavery Con- S your Freesoil faction, from the land of con- vention was held at Berlin, Mahoningcouuty,)stitntional scruples and pumpkins, freedom, Ohio, said to consist of five or six thousand, ^philanthropy and cheese, theorized away their and represented as an enthusiastic and unani-) power ; gave the lie to their canting profes- mous a«;semblage. The sense of this large ) f^ions ; and basely deserted the goddess of meeting was embodied in the lollowin2;(their political adoration, in the hour of trial term#: " That since our Government has be- come thus destructive of the ends of liberty, and an engine of torture and slavery to mil- lions, compelling the entire people to be slave hol- ders or slaves, it has become our riiihtand du- I and of need. But, sir, what are these turbulent advo- Jcales of disunion to accomplish? If a sepa- < ration of the States takes place, who is bene- fitted? The neirroes escaping will find a ty not to alter, but to abolish it, and to institute a shome among us, and we must legislate and new Government, laying its foundations on > contribute to their support ;— they will be a such principles and org'anizing its powers in (burden to themselves and us, and make their such form as shall seem most likely to se-Vnomes, not on the Western Reserve, but cure a full equality of the blessings of life, ^ among those whose conduct towards them liberty, and the pursuit of happiness; and ( is denounced as heartless and unfeeling, with full confidence in the integrity of ourSSir, it is a quesfion, not only in physics, but purpose and the justice of our cause, «'c (fo) in philanthrophy, why tho colored m.ap will hereby declare our'sehes the enemies of //je Con-) not remain among those who love him so stitution, Union, and Government of the t/zufcd) dearly— who are so loud in their pleadings States, and the friends of the new confedera-Hor his rights— so regular in their attendance cy of Northern States, where there shall be Son humane conventions; so virtuously indig- KO UNION with slave-holders, but tt'/iere )nant at hi.s wrongs and suflerings. there shall ever be free soil, free labor, and free] Now, sir, the slave, though admitting him men. And from this great and glorious Con- S to be as degraded as the most zealous Free- vention, we proclaim it as our i(?2a/;eraWe?soiler would represent^ him, certainly knows purpose and determination to live and labor for I where he is well treated, even by mere a dissolution of the present Union by all lawful ) animal instinct. Why, then, does he always and just, though bloodless and pacific means? shun his Freesoil brethren ? If he goes lo and "for the formation of anew Northern He-) them, in want and poverty^ have they no public that shall be such, not in name only, ) alms nor labor— or does he refuse to work ? but in lull living reality and truth. And we? Or, if he goes there with some means, are- do hereby invite and entreat all the young S they so shrewd, at a trade, that, by an un- people of Ohio, and the friends of justice, ) happy turn in Fortune's wheel, he finds hira- humanity and true liberty in all the States, to ( self relieved of his rhino, and his brethren, unite with us in laboring for so glorious and with honesty as perfect, as their keenness is holy an object." commendable, transferring his few items of 6 dollars and cents to their own care and kee-)on the minds and consciences of some, to re- ping-, and requesting him to travel on ? (sisl it, has led to argument as to the propriety Sir, I represent upon tliis floor three times) of submiting to laws that we inwardly believe, as many colored persons as the whole ele- • wrong, whetheralaw,consiituiionallyenacted ven counties of the Reserve contain ; and, al-( shall be sustained in its operation, or whether though surrounded by them, shall I be bran- ^ we shall defy its power :— whether om- courtg dec as their foe ? Sir, the negroes know and \ of law shall enforce it';— or whether every understand who befriend them by pompous ( man shall obey or disobey it, as his reason declamalion, and who by merciful acts. Your ^ or interest may dictate. I am not, sir, very P/^y"''''""Py .gives them no work and no^ ardent in my attachment to this "Fugitive shejtsr, bi.t gives them swelling words, un-ment and lolly, the body of the people are eessments would be taxed to the highest ex-Haw-abidina and true. tent, and we should labor under the yoke im- ) It is contended, Mr. Speaker, by some, that posed by these philanthropic fellow-citizens, ^ the law is wrong, and ousht to be resisted, \vho.se location or habits prevent negroes < without reference to its source, and the con- h-om settling among them. Laws prohibi-) sequences of resistance. We have heard ting their immigration would be enacted, and > of the "bay of human blood-hounds on the Ifius would terminate this Quixotic philan-< track of the panting fugitive,'' and other ste- throjiy. / reotyped fhilanthro'pics. But, sir, it is for us Jiut the effect of disunion, upon the negro ( to view the escaping slave, not'as a moral would be terrible. Already have the Fieesoi-< culprit, but as a legal offender ;— one who iers caused the passage of severe laws and /has violated the law by rnnnins: away from curtailed his privileges: and, if it should soOiis master; and while you and^I may sym- happen, that the Union could be dis>^olved. Jpathize with his attempt, nevertheless his how rigorous and cruel mi^ht be the discip-j escaping is, in the eye of the law, a w^ng, line to which he would be subjected ! iHisjand he is to be treated and regarded in his advantages now, are few ;— they would be ; legal character. The rights given the master, lessened. From everything, indeed, which^to capture him, we are not, in any manner, now affords lum pleasure, but could, in anyUo attempt to overdirow. The slave owes manner, tend to his escape, he would be ex- $ "service and labor" to the master, and the eluded; and, as the fetters grow tighter, and Matter while endeavoring to obtain that which the cold iron enters his warm heart, he couldS is his legal due, must not be molested. We with truth exclaim-^" God save me from my) must distinguish between the moral and legal h-iends . —The m,aster, recognizing him as^co;idition of individuals, but we must not al- property, would guard him as such, and dis- "'judge, jury and executioner."^' Your courts truant to himself, and a traitor to his coun-)can be repealed, for conscience will nullify y- . \ their decisions; — every determination of a The general outcry, Mr. Speaker, against^civil suit, will soon find the unsuccessful liti- this "Fugitive Law.'' and the determination, ■ gant attacked with a griping in the conscience, and he denounces your law as '•'unholy."/ back, are met by a body of these South Sea Every criminal, fairly tried and condemned,) Islanders, who believe that ihe criminal, in- wiil have conscientions scruples, against pu-) stead of perpetrating an outrage, perloimod nishment; and, on those scruples, claim re-i^ liisduly consistently — acted with their consci- lease. Conscience would become a garb ^ encious belief of right — and, accordingly, give large enough to cover a mountain, or small > him his Ireedom, and scourge those by whom enough to be strained on a bread-basket. ( he was held in bondage. But, permit me, in a simple manner, to) But, it the parties resisting laws be opera- present the effect, of the superiority of con- ^ ted upon and stimulated by conscience, then science over human law, by a few illustra-') may those who enforce the law, be actuated tions. ) by the same : and, the consequence is that, There are those who maintain that the laws; when the different parties meet, a strife en- securing property to one, to the exclusion of \ sues; weapons and bludgeons are used; the use of it by others, are unnatural and.) blood is spilled ; life is taken; communities therefore, immoral ; and that every one is ^ are convulsed ; and there is no remedy for entitled to the use of articles he can obtain^ the riots and brawls that shall make noisy without reference to ownership. This belief /and hideous human existence. If you take justilies stealing, which, all know, is, from (the parties before your juries, into your necessity, punishable. Suppose a thief is ar- ) courts, and resolve that the law of conscience, rested, by your officers, and in bearing him /under which they have acted, is superior to to trial, they meet a band of these Avorlhies( human statutes, your juries and your courts who believe, with the bold ancient Spartans, ) must decide that neither party is culpable, that theft isno crime, but, if successluUycar- ^ but that all are commendable and good citi- ried on, a virtue, and they, under the convic- \zens, ior having so faithfully obeyed the be- tion of a misguided judgement, which they chests of conscience, to, the detriment of their call '■ conscience, '■•■ determine he is to be ( individual comfort, and all are released, wrongly punished; and havin^^ the power, ^ How extremely interesting, Mr. Speaker, they force his release, and loose him upon) would be the community in which eachman society, to renew his depredations. ( determines his course, and makes his own By the laws of all -the Slates, bigamy is Wule of action ; — where "might is right,"' and punished as a penitentiary offence. Sup- ^ the strong, in violence, trample upon the pose S'man commits the crime and flies; — (weak and the helpless; — where there is no our officers pursue and overtake him; — and. ) superior power to which the oppressed and in conveying him back for trial, are met by ) injured can appeal and be vindicated; where a band of Turks, in a wild region, who in-uhe hoar.-e voice of riot clamors, and the ba- quire why he is in chains: — and, being in- ) red arm of murder is red ; where the talisma- formed, they, instead of feeling outraged, ^nic word "cottscience," bursts asunder all re- consider the man as being abused for doing) straint, tramples upon all human enactments, that which their religion tolerates. They are } and justifies the most heinous outrages. Sir, conscientiously impressed that the bigamist is (the mind flies, shuddering, from such a spec- an innocent sufferer; and they make war upon Made. It is the irresistible majesty of the your legal agents, and restore him to liberty, haw which sustains you and me in our posi- Again : Among all civilized communities, ) tions, and gives us individual protection ; — we are taught to guard and provide for our) which throws its power around our wives parents, in their declining years; tolove those ( and little ones, at our hearth-stones;— which who cared for us in infancy and childhood ;^ secures individuals the enjoyment of life, li- — but there are those — inhabitants of some of / berty and property ; — which gives to commu- the South Sea Islands — who believe it is their ^^lities, harmony and justice; to States, char- conscientious duty, when parents become ) acter and power. Under its might everything old, their sight dull, their l.mbs trembling) which leads to advancement, prosperity and and their energies relaxed, to relieve them ( felicity, is intended to be fostered ; and, with- of trouble and suffering, by taking their ^ out it, earth becomes the waste on which hu- lives; and, accordingly, becone the conscje«-^ man devils howl triumphant, or desolation iious murderers o( their parents. ) reigns supreme. With what consternation and horror would ) Not satisfied, however, witli deciding the the parricide be here regarded' The more ( question by conscience, these men direct you infirm the parent, the more hellish the of-) to Sacred Writ, and. therefrom, endeavor to fence. How the public heart would thrill) draw arguments favoring their nefarious re- whh disgust and indignation at the crime ;; commendations. They select isolated verses, and, when your citizens, with rage and hor- \ without reference to what precedes or follows ror, scatter in all directions, to arrest the fiend) them, or the circumstances or times under who did the bloody deed, and, after long) which they were uttered, and, upon verses pursuit, a few find him, and, in carrying him'thus chosen, they issue llieir ingenious and 8 prolix comments. Thero isnot anewspaper^ is no power but of God. The powers that ill any way connected with the Freesoil ^ be are ordained of God. Whosoever there- party, which has not, as a justifying cause of (fore resisteih the power, resisteth the ordi- opposilion to the Fuiiitive law, copied fromhiance of God." the 23d chapter of Deuteronomy, 15lh and Having thus, Mr. Speaker, disposed of the Kith verses:— "Thou sliall not dehver unto ^ « conscientious"' and religious view of this question, permit me to direct your attention to the constitutionality of the Fugitive law. his master the servant which has escaped Iroin his master unto thee. He shall dwell with thee, even among you in that place which j Noman can doubt tiia"'t our settlement of That he shall choose m one of the gates where it liO question will be final! People, far and keth him best; thou shalt not oppress him." ^ near, are an.tiously awaiting our determina- — And profess to have authority, Irom the tjon i We are all so thoroughlv qualified- above scripture injunctions, for disregarding K^g perfectly versed— in these matters, that it laws lor his re-capiure. If this is to be re- seems singular no petitions have swarmed ceived ni its litera sense, in these days, then here soliciting our opinion ! 1 It does not a servant can easily change hands, and trans- ^^i^e ^ny diflerence, though the United States lev property. He need but leap over his Senate, composed of the wise, learned and masters fence, and, by this special command,) experienced men of the n lie becomes the property of another difference whether he i ous, or whether the not, he is forced to law.' ation, whose lives "•^Oiiive been passed in reflection upon such lie 13 villainous or virtu- ^ subjects, have given their assent. It is of no 3 neighbor wants him or/ aceo^^„t^ ^^^t the national House of Repre- take him, by the " higher ( ggntatives have coincided with the Senate ! o , . • • , 1 -, . ^ That the President of the United States — a Such a construction is absurd ;-and it is northern man :-and his Secretary of State, hoped I may not be considered profane in called the Expounder of the Constitution ;— Baying, that the law,^as contained in some of a^j hj. Cabinet, as a unit, pronounced the the cliapters from which theextract IS taken, law constitutional: nor that the Supreme scarcely applies to us. J et if one command Court of the United States have unanimously applies to us, «« must. No single one can be) .Q.^gj ^^e constitutionality of a law of taken, and the others rejected. A were „|.^arly the same kind. We intend to think given at the same time;- and I will even f^, ourselves, and lorm our own judgements, encounter the charge oi vulgarity by exhi- We have light here which flashed ^thwart biting the absurdity of being bound by such thg "Reserve." and we have the philanthro- a law, by relerrmg particular y to all ihes^^ ^^^^ profound Senators from thesame sec- commands given m the same chapter-Deu- [j^^ to teach us how the instrument should be teronomy xxm. Let any one read them, and explained and understood. The laws which determine Avhether any of these injunctions^ ^..^'^e ,^^1 fifty-seven years ago, and have are applicable now. Remained on our statute books, as rules of But let our philanthropists come down to L^^^j^^t have lately been revealed as micon- ater times, and take the example of Hun .^^-^y^-^,,^; ._a„d we have been suffering uiv • who spake as never man spake -' and to it j^, them upwards of half a century; and, conform their conduct. In the days of the ,,„,il informed by the wise men of 1850 Saviour slavery was more hideous than now, L,g,.gi„gg„gij3lg to the wrongs we were endu- and yet he incited no rebellions thereat :— he .i. How horrible and distressing !-and preached peace, not stne; obedience, not ac- j^ow thankful should we be that it was ever ive resistance to law ;-he inflamed no mobs, ,,i,coye,ed, in these later times, by pious to release servants from their masters; and h-iends of the colored population, so that the persuaded no servant to escape. He taught e^,,.^, be corrected, faithfulness m labor ; patience, under suffer- j^^j ,1,1, is jn age of wonders and im- jng; submission and support to the powers (yg^^.,.,t- that be." If the precepts by Him promulged,^ ^ Forcl.iklrcnof tlie modorn days, had caused intestine strife, and led to anarchy) Know inoreiiian all iheir daddies did !" and bloodshed, they would never have resis-( It is enougft for nie, however, to know ted the changes aiid opposition of eighteen ;'l'^''t this law (vas formed by the men who hundred years, to gladden and beautify and ^supported it fls Legislators, and afterwards bless the age in which we live. The ma,n) approved it, to quiet all ray constitutional who forces upon His acts or sayings a con-)scr 'ples. T.'ie President submitted it to the Btruction justifying open rebellion to properly- ( Attorney General, and then gave it hissigna- constituted human authority, not only in-)ttire. The Executive may not have appro- jures His cause, but dishonors his own name, / ved it in detail ; but every man at all conver- and blasphemously belies the Saviour, in (i^an' wiUi politics, understands that President whom he trusts for redemption. " Let every S Fii.lmokk is filling the term for which Gen. Soul be subject to the higher powers, for there ) Taylok was elected, and that he is carrying 9 out, like a genuine paUiot, the pledge, given by that old hero anterior tohis election, that he would veto no bill passed by Congresi*. with [iroj-er consideration, wliicii was con- sliluinaial. As an honet^t man, reverenc _ the memory and doclrines of ihe dead, n- could do nodiing but what he did fearlessly) perlorm- and that was. affix his signaiure to the act. Despiie all the passion which has been manilested, in regard to this enactment, and the many recommendations for its re- peal or amendment, I believe no Governor of any Stale has alleged that the law is un- conslitutional ; and Daniel VVebsteh aserts, that he has not yet seen the opinion of any respectable lawyer, maintaining that the law is unconstilut'onal. There is but one trivial part of this law wherein it differs from the law of 1793, in which, even, its opponents claim unconsiitu- tionaliiy. I shall treat of that hereafter. But the Freesoil Senators mainiain that that law was uncoiistiiutional, and all their argument hangs upon the establishment of that posi- tion. I have always been accustomed to view the old men wtio made the Constitution, and the law of 1793, as capable of understan- ding their own works, and not wanting in de voiion to their country; — bnt, if these latter- day objectors are correct, then the old sim- pletons were ignorant of the powers they ^, were conferring, or else disregarded the Con- ' slitulion, the creature of their own workman- ship, and made laws in opposition thereto. Sir, it is an insuU, to the men of that day, to urge any such pitiful prt^position. Thps*^ men — clarum et venerabile nomen — under.-'tood thorouLjhly their every movement. The lavrs then passed, received sober thought and searching scrutiny ; and that man lacks either common sense or common honesty, who as- serts that our fathers would not only behold, but engage in eiacting laws, wiihin three years af er the adoption of the Constituiicn, which were contrary to its spirit and letter, and never utter a syllable, nor write a sen fence, in opposition thereto! Gentlemen must not violate the graves of those old men, to blacken their memories and tarnish their honor. The law of 1793, and the law of 1850, are. In their esential features, identical. If the law of 1850 is unconstitutional, then was that of 1793 ; — but not otherwise. Now, in what maimer was the law of 1793 warmed into existence? The whole matter was brought forward by a member oi Congress from a free State; — it was referred to a select com- mittee of three — two from the North and one from the South; — and, after mature deli- beration, the fugitive bill of 1793, was pre- sented to the Ilouse_, and upon it, there was. 2 no great discussion. No writer of that lime mentions that its constitutionality was ques tioned ; although seven of the Iramers of the Constitution were in the lower house at the dine, of whom six voted for the bill. The iavv was passed by a vote of forty-eight to -even. Ot tlie seven in "he tu gative fivi- were northern men. Ttie north had -thiny mem- bars, tome of whom were absent ; lut. twen- ty-two of diose pre.-ent voted lor it, np'm its final passage. I regret that the Journal of the Senate could not be obtained, to see thei full action and vote in that branch. When that law was made, Thomas Jef- FERsriN, oil whom some gentlemen rely to establish its unconstitutionality, was Secreta- ry of Stale; — and we defy any man to show even a symptom, in his writings,, in opposi- tion to it. We have every reason to knou) that he gave it his hearty concurrence. — George Washington, ti:en President ot the United S;ates, as he had been President ot the Convention wtiich made the Constitution, gave it his approval, without reluctance; — and it is taxing public credulity heavily, to ask it to infer, from the facts then existing, that the men of that day were either loo ig- norant, to understand their privileges and duties, under their own instruments, or too base to support ihem ; — and the Representa- tives of the free States ought to be fearfully anathematized, for friuering away their " constilulional 7-ights," if they so did, by the passage of that act ! Permit me here to say that, had I been in Congress, (where all ^nchivise men ought to he.) there is but little doubt, in my mind, but I should certainly have voted against this becoming a law in its present form, because of some of its provisinns which are excep- tionable in almost every part ot the North. Yet, I question not the motives or honesty of any man who gave it his support. There seemed a necessity for having some kind of effective power by which the master could obtain his property ; and by a decision in the case of Prii'g vs. The Commonwealth of Pennsylvania, all Slate officers were relieved from executiiig the law of 1793, by which it became virtually a dead letter; — as there were no officers to give it effect ; — and it see- med proper to have some legis'ation to carry out the provisions of the Constitution. The present law was passed at the close of a prolonged, boisterous and tedious session ; pressed throu<>h the House under the "previ- ous question;" and was associated with oth- er soheaies of Compromise. Congress had, in fact, as the result will prove, added to the free domain of the country all our acquis!" tions from Mexico, gained by the common 'oil, treasure and blood of the North and South; and it really seenns as nothing biit 10 proper, that when we had effectually prohi- bited the extension of this " peculiar inslitu- lion" over this vast territory, belonging to us all, we should confer upon the South some suitable means ior procuring their properly when escaping from them. It is, certainly, under the circumstances, no unreasonable boon. There may possibly be objections to this law, yet I dare not doubt its constitutionality, with the light which is before me. The Con- stitution of the United States is the ofTspring of patriotic men. It is a plain, strong, easi- ly-understood instrument. It requires no ingenuity nor strained logic, to unlold its pro- per signification and purposes. All who "know anything of its adoption, know that this question ot slavery was discussed, when it was formed, and the clause in reference to fugitives was unanimously incorporaled— that it was the lesull ot compromise, wis- dom and mutual regard for each other's rights and necessities; and that men who had been endeared to each other, through a com- munionship of suffering, would not, in their political dealing, wrong one anotlier. They incorporated into the last clause of Section 2 Article III, the following: " No person held to Service or Labor in one State, under tlxe laws thereof^ escaping into anotlrer, shall, in consequence ot any law or regulation therein, be discharged from such service or labor therein, but shall be delivered up, on claim of the party to whom such service or labor may be due."' Is it not foolish, Mr. Speaker, to argue to make more plain the right of the master to his property. It seems like endeavoring to establish a truism; and I shall not assume the labor. Some Freesoil Senators contend that Congress has no poiuer, by the Constitu- tion, to enact laws for re-capturing slaves; and others maintain, with equal clearness, that the States have no power. Here, then, is an ariicle of the Constitution ; and, by their sapient logic, no authority lodged any where by which it can be entorced, which proposition is too absurd for even ridicule. The patriarchs who made the constitution, seemed lo believe it conferred power on Congress to legislate; — at least, they made no outcry when the law of 1797 was passed. Now, if they had no right to act upon fugi- tives from labor, then they had no right to act upon "fugitives from jusiice," for both are in the same ariicle and section of the Cnu- etiiution; and the act of 1797 embraces, w^ith- in it, " lenitives Irom ju-tice," and " tugi- lives' from labor," in carrying out the provi- sions of the constitution. No man lias ever uttered a word against the power of the Ge- neral GovernmerTt to enforce the law in re- lerence to criminals, and their making laws for the purpose ; bat holy horror and const't- tutional anguish seize some persons when its fellow clause is to be practically brought into operation in the same way. Having thus determined the power of Con- gress to make the law, let us inquire as to the objections, and foremost comes, that it suspends ihe " writ of habeas corpus," which is the great safeguard ot personal freedom. You will observe, Mr. Speaker, that these hiends of the blacks force the most rigorous and iearfrd construction upon all laws passed in relation to them, instead of giving such laws a fair and mild interpretation: the chain that would lie lightly upon their breasts, they would torce into their hearts, in order to make capital from the sufferings, and arouse public indignation. ■ It is urged that the last clause of the sixth section ot the law, which reads : — "And the certificates, in this and the first section mentioned, shall be conclusive ot the right of the person or persons in whose favor granted to remove such fugitive to the State or Territory from which he escaped, and shall prevent the molesting of such person . or persons, by any process issued by any court, judge, magistrate or other person whom- soever," — suppresses the habeas corpus. The section provides for the arrest and tri- al of the fugitive, before the officer; and, if the facts of ownership, servitude and escape be established, then and only then is a certi- ficate to be granted, to remove the fugitive to the place from which he fled. In the clause which I have cpioted, it is said he shall not be molested by any process. The habeas corpus is undoubtedly a process; — and will, upon proper application, be granted — not for the purpose of molesting the claimant, but to inquire and ascertain whether he has autho- rity to carry away the alleged fugitive; — whether he has a certificate, made out by the proper authority, in legal form — in every way regular and perfect ; — or whether he is un- lawfully bearing him otf. Upon the return of (he process or writ, if the claimant exhibits a certihcate obtained from the right source, and in every manner consistent with the law then he is not, by that civil tribunal, to be molested; but if it is in any way erro- neous, the fugitive is restored to liberty. — The object of the habeas corpus, is to ascertain whether a man is fairly imprisoned, and to free from m.olestation the claimant, upoQ his presenting the necessary authority. In reference to trial by jury, the new law is neither worse nor better than the old. It is precisely similar ; — it takes away from the slave no rights he had, under the act of 1797, The resolutions I introduced, recommend that the trial, by jury, of all slaves, who seem to have a real claim to freedom, ehall be se- 11 •cured. The amendment that bond shall be given, to insure ihe trial in tlie State tiom v?hich he fled, is the project of the Compro- mise Comnfiitiee of Thirteen in the Senate of the United States, in May of 1850. I have added that, failiiig to give such bond, the slave shall have a jury trial, vvkerever lound. It is well known that, in several ot the slave States, a slave can, upon simply petitioning the court, have counsel assigned, and an al- most immediate hearing, before a jury, to must be completed, and the necessary papers J prepared, to enable him to be legally taken )away. It is represented that the addi'.ional ? labor is worth the compensation. But, who J is it that pays all these expenses'? Neiihef > the negro nor the government : — but the pe- 'cuniary burden must be borne by the cjaim- ) ant, whether success or failure attend his ef- > forts. J Another objectionable feature, in the law lis that the "Slave-Catcher" can compel us to ' call out a force, to carry back his property, to I the Slate from which he f^ed, at the expense ) of the Government; and it is gravely urged 'that we ought to have our stray horses or I oxen returned to us in the same way. This ^^ (Course ot argument is vehemently pressed, ^B I without understanding, or desiring to under- ^^ J stand, the law. Men comment upon it, unthovt ^ ever having read it ; and thus misconstrue and I pervert. They hide every thing which ren- ) ders it, in any respect reasonable or proper, 'and thrust into prominence isolated ^^ortions, ' which they unfairly represent. Let a man , calmly read it, and give it a fair interpreta- *lion. The law requires that, if the claimant ImaJces affidavit, that he believes there will he ) an attempt to rescue his property from him, then ' — and only then — can he have the power or , money of the Uniled Slates, to aid him. If I the people among whom thefugiiive is found 'are peaceful, and inclined to obey the au- ;thority of Is-vv, then no such affidavit will be ■made, and no charge accrue. But, if j'our ! mobs are aroused and infuriated, and he 1 finds himself not oiily beset by men who ' are determined to wrest from him his proper- \ ty, but to endanger his life, it is right tli ttlie )pov.'er of the government should be brought 'into operation, to vindicate its enactments. If i this clause were out of the act, all that would I be necessary to release any reclaimed slave, ; would be to incite your populace, and the i expense of hiring a sufficient force to over- 'come it, would be twenty times greater |lhan the value of any slave, and would be a virtual repeal ot all the efficacy ol the law ' It is very true that our people may be impo- |sed on, by false oaths, Lut if a man will I perjure liimself, ol course we may be v/rong- ' ed in various ways: — we have no safeguard I as against perjury. But there is one case, at least, upon record, under this law, where, 'although affidavit was made, yet the court, I upon examination, refused to grant tlie au- ' Ihority and money of the Government, to the I claimant, because it believed there was no i danger of an attempt to rescue. If the men ' of the North will only submit to the law and [ obey its requirements, there will be no ex- ) pense arising to us. in carrying out this clause; ' and there need be no pomp or parade of a 12 rnilitary or civil authority ; but, whenever there is an effort to rescue a fugitive, legally detained, it is right that the Government should interfere, and give lo others what i> constitutionally their due, without subjecting iheir citizens to expense or peril; — and sup- press, by lawful power, unlawful riots. But, sir, those who perform the outraged, most magnificetuly, on every question of slavery, are xYie leaders of tie Freesoil orga- nization. These luorthics become convulsed, while even thinking upon the subject. They never move, but they are surrounded by •' bleeding humanity." In their waking moments honors unutterable tower before ihem; — when they sleep, their bosoms are I burdened with victims of oppression; their (dreams are terrible and ghastly; negroes, scourged and manacled, fantastically flutter in the air before them ; and shrieks and groans, startle them, from unrefreshings'urn- ber; — and, haunted thus feaiiully, some might be prompted to endeavor practically to benefit the colored man, and give the "panting fugitive" tintie to wind; — but there are oihens whose boisterous professions tor " freedom," are the m.ere means employeti lor individual advancement, and, I fearlessly assert, that the party leaders are actuated more by policy than b}^ principle. The great contest waged between slavery and freedom, was, in 1844, on the question of annexation. The Democratic army was boldl}' drawn out, under Polk and Texas, and its men battling under the flag. The Whigs, with He.\ry Clay as their leader — '•' No More Slave Territory !" on their banner — declared the unconstitutionality of annex- ing Texas, and Mr. Claj^'s election would have prevented the extension of this slave plague. Here were the armies drawn up, with that disiinct issrje towering above all others. It was a question which was to be permanently settled ; — which no subsequent legislation could affect:— and which, deter- mined once, wasjized, solongasthe govern- ment endured. Where, then, in that strug gle. were these zealous advocates of freedom to be found? Where, when the voice of freemen could be made potent, were they"? Not slinking from the f^ght : — but rallied un- der a man of their own class and kind, whom they knew and acknowledged was morally ceriain to be defeated ; and gave, in New York Slate, a vote, lo Mr. Birney, which, if they had practical belief in their doctrines, would have been concentrated on Henry Clay, and he have been madePresi dent of the bniled Sia'es, and the exteu' eiun of slavery and the horrors of war pre yented. But they, by refusing to vole for the avow ed opponent of slave territory, elevated Mr, Polk to the Presidency, and thus created the basis for four Slave Slates. How was it, la'ely, in Congress, in the vote for Speakership? The Whigs presented R. C. WiNTHBOP, a true Representative ol a free State ; — and yet [he honest Freesoil frag- ment, headed by the conscientious Mr. Gid- DiNGs, chose so to fritter away their force, as to have Mr. Cobb, a Southern slaveholder, elected; and the important committees con-, ferred Kpon the South ; and, in the general dickering on that occasion, Mr. Giddings, their grand apostle, voted for Mr. Brown, as Speaker, which said Mr. Brown voted for the " fugitive law'" of 1850. Sir, this parly, very probably, originated honestly to oppose slavery; but it has shown itself only an engine for personal p-omotion, and office is not only its aim, but its life's BLOOD. Its acts have given the lie to its cant, about freedom ; for it has refused the adop- tion of every practical way of advancing that cause, ft has strengthened the oppressor ; and deserted those who labored against him; and it would, ere this, have dragged out its miserable existence, had it not been nourish- ed by the Whig and Democratic parlies. If they, instead of making it "the balance of power," had, like men, divested it of all power, there would have been no inducement tor apostates to join it ; but so long as you confer on one-sixteenth as much public pa- ronage as is given fifteen-sixteenths, so long you not only reward men for being untrue, and keeping up that hypocritical organization, but you hold out brilliant inducements for all the mercenary partisans of ihe Sta'e to join them: — and. by giving l|ienri elevated stations, you clothe them with in influence M'hich is false, and may be reflected for evil. Facts, sir, are said to be stubborn, and I know they are humiliating, things. The '• Freesoil" par- ty have thrust through their trading capaci- ty, Salmon P. Chase into the United States Senate, and he presents the anomaly of a Re- presentative with but a mere fragment of the people of Ohio as a constituency; — and will our democratic brethren be again found, yielding their preferences for their own tal- ented, honorable and patriotic men, lo foist another such into that high position ; — for it seems that no officer less than a colleague for Mr. Chase will satisfy our modest friends. They have Mr. Hamlin, as President of the Board of Public Works; Mr. King, Secretary of Slate; and a host of other officers, in dif- ferent parts of Ohio, swarming upon commu- nities in which their huckstering policy is de- spised; and, now, we are seriously asked to vote, as a matter of compromise, for Mr. Giddings for United States Senator, to scorch 13 anJ sear the heart of every true man. It^iniion; — the suggestion, in a conciliatory spi-r has been, sir, but a few weeks since that/ ,itj of a change in the fugitive law : — a de- honest politician, in his place in Congress, (claration of the opposition of Ohio, to the denounced the Whig party, as being not only /extension ot slavery, into territory now free ; destitute of principle, merely -'aremnant of( — the request, to our Senators, that their ac- Slave-Catchers ;" and yet with an effrontery ^ (ion, (if any is had on the subject.) shall be that would seem, in any other man, an out-)conformed to the spirit ot these resolulions, rage, he is, through agencies, endeavoring to c ^nd make the Union superior to every other obtain votes to enable him to disgrace a seat ^consideration. in the United Slates Senate, by making fer-? Sir, I honestly believe that the uncondi- ment prejudicial to the country. Stional repeal oi this law involves the Union. Sir, we must rid ourselves ol this fac'ion, ^fiieie may have been no imperative neces- whose course, for the last few years, has been ( gjiy for its passage; but to it the South now for place, irrespective of men and measures ;( adheres, not only as a due, but as a matter of and, while it has talked of benevolence and)pi-i(je ^nd honor. Men, who have heretofore righteousness, has been coolly inserting its(^een strenuous advocates of the Union and men into the best positions ot the common- 1 battled against those who sought its dissolu- wealth. Indeed this ^^ pureli/ philanthropic or- i^xIq^^^ fearlessly and coolly assert that if this ganization," the object of wtiose formation ( [aw is repealed, tlien will they run upon the was office, and whose existence depends ^ verge, and test practically, the results of dis- upon its attainment, should be incorporated ^ ,jnion. under the name and title of 'The Crand^, Sir, it seems as folly to encomiumize this Snapping-Turtle Party OF Ohio.' Early in ) Union. It speaks for itself, in the prosperi- each winter, as iheregularaltendant of everj-'^y^ greatness and power of the country. It Legislature, this animal makes its appearance ) vvas the offspring of necessity: and, with in our capitol, with head, tail, body, and)men of ordinary patriotism, necessity will claws, snugly enclosed within its shell. There (compel its < reservation. The seeds which it lies quiet — and passive — awaiting events ', brought it forth, were implanted when the and inducements. At a becoming time, our 'piaTrTs of battle were red on the hill, and the Whig and Democratic brethren present offer (gmoke of contention was dark in the valley; jngs to lure it from its home; and, as the ')when stout hearts fainted, timid souls qua- flavor is forced upon its senses, slowly and ;ked, and the faithful almost forgot to lean on softly its covering is raised, and the head (^he omnipotence of God. It has brought us, peers cautiously out, winding each way, )from a small beginning, unto a mighty na- smelling the Whig fish and the Democratic ^ijon, bound us together at home, and extor- flesh, until it chooses from the two, fastens ( ted respect for us abroad. Every considera- upon its choice, and then is noiselessly ^tiou which can influence the Christian, the drawn within its enclosure, to await another (philanthropist or statesman, links it to the session and another bait. Let the two great < American, and awakens for it his watchful parties of the day withhold supplies, and the (guardianship. The thrilling memories of the curiosity will perish through starvation, and ( past ; the glorious exhibitions of the present, we shall break its shell and examine ilsmys-^the reasonable anticipations ot the future terious internal construction." (.cause us to cling to and love it. Blistered be I have already, Mr. Speaker, d'etained the(tt,e tongue that will lisp against it; — palsied Senate too long: and will, merely, read my)be the hand that would be upraised to resolutions, to the wholebody of wiiich Ihave them. He said: — any part, either in letter or spirit, recognize that there could be such a thing as property in man ; and that such a doctrine was scou- ted in the Convention that framed the Con- etitution. He had Mr. Madison as authority for this assertion, and other men of that time. Yet this principle was the very foundation of^as the exponent of the Freesoil parly, but as ' He had already commented on all of Mr. , Geiger's resolutions except the fifth. He liad 'no exception to take to this, except that in common with the others — it seemed to cen- sure those who opposed the fugitive law, and sought its repeal. He did not stand here ihe Fugitive law. In the two places where | the Constitution referred to this class, they were called persons, as individuals entitled io three-fifths of humanity at least. This! was done to give the South the predomi- nance in the National Legislature. Another proposition that had been made'^ here, he would also deny, viz: that the Con-( stitufion was a compact of States, and belon- ged to the Stale as such. It was a constitu-J tion of the people, and so stated in the pre-( amble. Mr. Walker was not frightened by threats) of disunion. The South wished to acquire' Cuba, and other islands and countries before J ihey were ready ;— and if the North would i conUnue to pander to them they would soon' be ready. At present, they could not stand! alone 24 hours, their slaves would eatthemup. Tiie exparte testimony allowed by the fu- ghive law, Mr. W. pronounced truly odious. the advocate of the Whig party. He held the sentiments ol the Whigs of '"44 and '45, and he who now vindicated the fugitive law, should he denounce as an apostate of the Whig party, He could understand the course of some Senators on this floor, in shaping their sentiments to that of their particular districts. He himself had been told that in his course he was cutting his own throat. He had once for all to say, that if his constituents con- demned him for what he had said here, thej'' would condemn themselves and the doctrine they held sij: years ago. [It was understood that the Senator from Montgomery look high abolition ground ; ri- diculed Henry Clay, and those who were styled "Union Whigs-" contended that the slave had the right to kill his master, who might be trying to arrest him, and take him away from Ohio to the State to which he fled ; — and his speech, as delivered, was even in fet vye Ijad apologists for it — and more apo- 'advance of the Freesoilersl MR. GEIGER'S REJOINDER. Mr. Geiger was not surprised, after reading the report of tfie Senator'^, (JNir. Walker's) speech, made a few days ago, to hear him now make a .high-toned abolition effort; — but he was amazed and humiliale('., to perceive him a twin bioiherof the free-soil Senator from Ashtabula, in reading him, (Mr. G.) out of the Whig party, and denouncing its true and fionored men. The Senator from Montgo mery, in abusing the distinguished Whigs of tlie parly, men who have stood by it when its tiiig trailed in the dust in deleat, as sincerely as when it floated triumphant over the cohorts of its routed and scattered foes, speaks but his own sentiment, and re- presents his own feelings, and does dishonor tolhemanly constituency that sent him here. The Senator, in his new-born zeal, can spare no man, no difTerence what may be his character or services; and, in his indis- criminate onslaught, denounces Henry Clay! — Harry Clay ! than whom God never crea- ted a nobler patriot; — Harry Clay ! at the mere mention of wtiose name, the Whig breast heaves with deeper emotion and holi- er enthusiasm; — Harry Clay, who toiled and struggled for the country, before the Senator knew ot its e.xistence, and battled for the Constitution before he was born to partake of its blessings! — Sir, that name always vibrates, as with an electric thrill, through every fibre of tlie true Whig party, and awakens the af- fections of the •' old guard" who have never bowed to Baal. The heart of that man yet beats responsive to the calls of his country ; and, although age has come upon him, yet is he able, zealous and efficient; and, in times of difficulty and of danger, '•One btast upon tiis bugle liorn, Is worth a thousand men !" He (pointing to Mr. Walker) disparage Henry Clay ! Why, sir, if one ot those exal- ted thoughts which wildly play through the gigantic brain ot Harry ofthe West, should fall, with Its ponderous weight, upon the brain of the Senator from Montgomery, he would consider it the approach of apoplexy ! Sir, the gentleman argued the question of Slavery — not the fugitive law — and cahs him (Mr. G.) and his constituents, its supporters; and then gives the language of John Ran dolph and Thomas Jefferson, ridiculing such Northern men. Ridicule from any source can never drive me from the right. I have no attachmei^l to Slavery. I was born, sir, in a State, " Where breathes no castled lord nor cabined slave, Where thoughts and words and acts are bold and free ; Where friends can find a welcome, foes a grave." I have never, as a citizen, trodden soil or breathed air consecrated to aught but Free- dom. With me, Freedom is written every where; — in the clouds that float in the sky, the birds that wing through the air, the boughs that battle with the blast;— and the power of locomotion, bestowed by God on man, declares the right to its exercise. It has ever been tlie watchword of the Whigs OF Ohio, by thein it has been proclaimed, as also by the democratic party : — there is no division upon this question ; — but am I, is my gallant coiif-iilueiicy — is eveiy one who slantts forward, for the integrity of ihe Union, against ihe vindictive assaults of its foes, to be denounced? — and tlial, loo, because they will not desert the country, in the hour of its trial, at the command of base, huckstering, office-hunting renegades? — I scorn dictation, from such sources, and their epithets and condemnation, are powerless and pitiful. Sir, does not the Senator know that slave- ry is an institution recognized and fortified by our consiiiution and laws? Does he wish us to despise and break tliem ? We must treat the institution as it is ; — not as we should desire it to be. We admit all the evils of slavery, all the blessings of freedom, but we are surrounded by circumstances, laws and constitutions, to which every wise legislator, and common-sense patriot must conform hi.s conduct. The fugitive law is not free from error; — no man contends for its perfection. There are parts of it wrong. My resolutions recommend amendment, if action is taken, but to disturb that law, at this tirne, is consi- dered by many good men, improper, and its uncontliiional repeal perilous in the extreme. Mr. Geiger was willing to admit all that the gentleman contended for, in regard to England and her nominal abolition of slave- ry. \e\, sir, who has the effrontery to deny that, in the West-Indies, more distress and anarchy prevail than did during the preva- lence of the iiistilutions ; — and he would re- mind the Senator that, although it was seem-' ingly true, as he had urged, that slaves '■' do not breathe in England, " still that Senator would do well, wlule quoting England's ex- ample, to remember that slavery still exists there, as it has for ages, in a form more in- human, more hellish, than it ever did or could assume in this country. It is true, of a different kind — a slavery of whites, not ofthe blacks ; — a slavery of the operatives; — a slavery of the down trodden, starving, agonized, wor- king population, of all sexes, ages and con- ditions. The eentleman, in his fervor and pathos against slavery, here rushes into poe- /try and romance, and quotes from Whitiier (anathemas and revilings against the land of his birth ; but, for his wronged white breth- ren he has no tears to shed ; — for them he quotes on English or American poet in favor of liberty; — all his poetry and all his sympa- ihy are uttered against the wrongs of the blacks within these United States, and for them he would even risk the severance of the Union! Nobler poets have written in more loyal strains — LS?''^ °'' CONGRESS 16 011 898 101 7 '•From the Jay that our furel'athers fearfully flung Their sHr-colored banner abroad, To themselves ever true lo Lheir mouoihcy clung As Ihey clung to the promise of God ; By the bayonet traced in the midnight of war, In thi- fields where our gliiiy was won, Oh, perish the heart or the hand i hat would mar Our motto of Many in One." bled and died upon her bo^om, falter o.* ) swerve? Did she furnish no leader for your ^armies, no brave men for your battles? — ') Ihroughout thai terrible strite. Virginia was )lrue to hersell and the great caut^e on which (she had slaked her all, ior Vntue, Liberty ai;d Sir, h-om my soul, I despise those drivel- ) ludependeiice. ling, coiitempiible demagogues, whose only > But, time has rolled on, and what washer food isexciiement,and whose efforts are tocre-x wilderness has become our mighty State. In ate division and coiiteniioii among the people.) the midst of our piosperiiy, we revert not to Jn his argument, the Senator grows elc-c die past, and torget the ititrepidity and tribu- quent — nay, he is tormendousl First, he tuinsNJation through wliich we receive the bles- upon me; and 1 am but a mere moudilul to) sings; — and now, instead ot pouring our of- his capacious maw; — then, he wheels to ^ feriiig of peace and love into the lap ot our eat the Senator from Clinton, who. beingS mother, genilemeii would thrust vipers into absent, I am a second time swallowed by ) her bosom, stigmatize her name and honor, this mighty man. Still unsatisfied, the Sena-(and taunt her v.fiili frailty and imbecility, tor takes down my democratic fiiend from) Iif our Territorial days. Sir, when our set- Clermont ! With such an incongruous load hlerfients were scanty and the savages were all expected to see those bright bnltons fly (scalping our pioneers, who then poured h nth from his bine coat, with the expansion of his) her gallant sons to piotect and rescue the de- system, but his digesiion seemed equady (fenceless? Another 'Slave .State, Kentucky, harndess with his mastication; and, alter thessent forth her men from their firesides to suc- eniire process, I am yet here huzzaing lusti-)cor and lo save. And her Legislature, with 'ly! — swallowed, but not deadened; — broughtca magnanimity illustrious and politic, gave forth again, like Jonah from the whale. Sthe command of her soldiery to a citizen of Sir, the Senator says that the South iare) Ohio, and restored peace to the country. 7ioi secede, because she is too weak. Does( Blame me not, then, for asking what is con- he not know that the same spirit which ^slitutionally due lo those who have done so would prompt us to defy the defiant, lives) much for us. unquenchahle in their breasts? Doeshent^) Mr. Geiger then took up his resolutions know that they are descendants of men who, > one by one, and defended them. The Sena- in the calamitous times of the Revolution, ^ tor from Montgomery, says that he does not stood by our fathers of the North, and not on- . hold the preservation of this glorious Union ly dared but did ? Does he not know that the / lo be paramount to every other political con- South is stronger and wealthier, at ihis time, ^sideration. He says he goes for liberty in than were the whole of the colonies when )preference to the Union. He, Mr. G., looked they thundered destruction to the boasted in-) upon the Union as the preserver of the lib- vicibiliiy of England? Ob, sir! has the^erty we enjoy, and with Mr. Webster, he day arrived when the childreil of the men, ) earnestly hoped, that " when my eyes shall whose friendship and patriotism were weldetiH'e turned lo beliold, for the last time, the sun together and tested in the fiery lurnace of the (in Heaven, may I not see him shining on the Revolution, shall rely upon the weakne.?s of) broken and dishonored fragments of a once a section, to debar it from its constitutional )gh'rious Union; on Stales dissevered, discor- rights? Sir, let the gentleman not be mista-\dant, belligerent; on a land rent with civil ken — the South upon this subject is not weak) feuds, or drenched, it may be, in fraternal —-touch but the outermost membrane, and it (blood ! Let this la--t feeble and lingering vibrates in her innermost heart; — here she ^glance rather behold the gorgeous ensign of is concentrated and determined — no blind-^ihe Republic, now known and honored ihro'- ness can mistake her; — he strict consthuiio-^fut the eajth, still full high advanced, its arms nal rights she will maintain, and the granting) and trophies, streaming in their original lus- of those no patriot norhonesl man dare deny. )t'e, not a stripe erased or pollutedf or a sin- But, sir, an indiscriminate denunciation of(2le star obscured, bearing for its motto, no the South comes with but an ill grace from a^^uch miserable interrogatory as, T]'hat is all citizen ot Ohio. What are we but an ema- ^tkis worths nor those other wprds of delusion nation from the liberality of a slave State; — 'and folly. Liberty first and Union afterwards, — the offspring of Virginia? True: the child )but every where, spread all over incharacters has ouistripped the parent, but gratitude ^"f ''^''"g lig^i'j blazing. on all its ample foU's, should commingle with the thrilling associa-^as they float over the sea and over ihe land, tions which cluster proudly around the" " Old ) '"'id on every wind, and under the whole Dominion." In the dark days she v.- as the ^Heavens, that other sentiment, dear to every Mother Commonwealth, and around'her the ;'rue American heart: — feeble ones clung for aid and protection. Did > '■ Libertxj and Union, now and forever; one she, m those fearful times, when her children' and imeparable.'" HOLUNGER pH8J MILL RUN F3-1543