entertain it now. But when the subject, some years ago, was before the Supreme Court of the United States, the majority of the judges held that the power to cause fugitives from service to be delivered up was a power to be exercised under the authority of this government. I do not know, on the whole, that it may not have been a fortunate decision. My habit is to respect the result of judicial deliberations, and the solemnity of judicial decisions. But as it now stands, the business of seeing that these fugitives are delivered up resides in the power of Congress and the national judicature, and my friend at the head of the judiciary committee has a bill on the subject now before the Senate, with some amendments to it, which I propose to support, with all its provisions, to the fullest extent. And I desire to call the attention of all sober-minded men, of all conscientious men, in the north, of all men who are not carried away by any fanatical idea, or by any false idea whatever, to their constitutional obligations. I put it to all the sober and sound minds at the north, as a question of morals and a question of conscience, What right have they, in their legislative capacity, or any other, to endeavor to get round this constitution, to embarrass the free exercise of the rights secured by the constitution to the persons whose slaves escape from them? None at all; none at all. Neither in the forum of conscience, nor before the face of the constitution, are they justified, in my opinion. Of course it is a matter for their consideration. They probably, in the turmoil of the times, have not stopped to consider of this; they have followed what seems to be the current of thought and of motives, as the occasion arose, and neglected to investigate fully the real question, and to consider their constitutional obligations; as I am sure, if they did consider, they would fulfil them with alacrity. Therefore I repeat, sir, that there is a ground of complaint against the north, well founded, which ought to be removed, which it is now in the power of the different departments of this government to remove, which calls for the enactment of proper laws authorizing the judicature of this government, in the several states, to do all that is necessary for the recapture of fugitive slaves, and for the restoration of them to those who claim them. Wherever I go, and wherever I speak on this subject,—and when I speak here I desire to speak to the whole north,—I say that the south has been injured in this respect, and has a right to complain; and the north has been too careless of what I think the constitution peremptorily and emphatically enjoins upon it as a duty.
Complaint has been made against certain resolutions that emanate from legislatures at the north, and are sent here to us, not only on the subject of slavery in this District, but sometimes recommending Congress to consider the means of abolishing slavery in the states. I should be very sorry to be called upon to present any resolutions here which could not be referable to any committee or any power in Congress; and therefore I should be very unwilling to receive from Massachusetts instructions to present resolutions expressing any opinion whatever upon slavery as it exists at the present moment in the states, for two reasons: because, first, I do not consider that the legislature of Massachusetts has any thing to do with it; and next, I do not consider that I, as her representative here, have any thing to do with it. Sir, it has become, in my opinion, quite too common; and if the legislatures of the states do not like that opinion, they have a great deal more power to put it down than I have to uphold it. It has become, in my opinion, quite too common a practice for the state legislatures to present resolutions here on all subjects, and to instruct us
