amendment only states a
conclusion of law; the right of the owner being gone, the negro is
free.
Mr. CHASE:--I think a single word will settle this. By the
Constitution as it now stands, the escaped fugitive is not discharged
from service or labor. The original section, as proposed, requires
that the slave should be paid for, when he is rescued. Now, he might
be rescued three or four times. Shall he be paid for as often? Do
gentlemen claim that his owner shall receive compensation more than
once? I cannot see why gentlemen interested in slavery should object
to this amendment.
Mr. RIVES:--I think if gentlemen would look at this proposition
seriously, there would be no difference of opinion among us. Such a
proposition would foist into the Constitution a most injurious,
pernicious, and troublesome doctrine. By the most ultra abolitionists
of the free States the power of emancipating our slaves has been
disclaimed. From the organization of the Government, no such right has
been claimed by any respectable party or body of men. The question
arose in the first Congress, I think, upon the petition of the Quakers
of Pennsylvania. It was decided almost unanimously against the power,
even when exercised by Congress. But there is no need of multiplying
or citing precedents. From that time to this, no political party has
claimed the power of emancipation. Such is the universal doctrine now.
The right to abolish slavery in the District of Columbia is now
claimed by some. I think that is the doctrine of Mr. CHASE. But upon
what argument is it founded? Simply this: That the States, by the act
of cession, have surrendered this power to Congress. This is the only
argument I have ever heard in favor of the right, even in the
District.
But this amendment proposes a most comprehensive scheme of
emancipation. It accomplishes emancipation in every one of the slave
States. It amounts to forcible emancipation upon the principle of
compensation.
The point has been well stated by gentlemen who have preceded me.
Place this in the Constitution, and there is an end of returning
fugitives. The very courts will act upon it. They will say that if any
one will come forward and pay the value of a slave when arrested, all
the requirements of the Constitution are satisfied, and he shall go
free.
What is the object of our Conference? Why are we here? We are here to
bury out of sight all the causes of our difference and trouble. And
yet you
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