The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
"1. _Resolved by the Senate and House of Representatives of the United
States of America_, in Congress assembled, That the laws now in force,
for the recovery of fugitives, are in strict pursuance of the plain
and mandatory provisions of the constitution, and have been sanctioned
as valid and constitutional by the judgment of the Supreme Court of
the United States: that the slaveholding States are entitled to the
faithful observance and execution of those laws, and that they ought
not to be repealed, or so modified or changed as to impair their
efficiency; and that laws ought to be made for the punishment of those
who attempt, by rescue of the slave or other illegal means, to hinder
or defeat the due execution of said laws.
"2. That all State laws which conflict with the fugitive slave acts of
congress, or any other constitutional acts of congress, or which in
their operation impede, hinder or delay the free course and due
execution of any of said acts, are null and void by the plain
provisions of the constitution of the United States; yet those State
laws, void as they are, have given color to practices, and led to
consequences, which have obstructed the due administration and
execution of acts of congress and especially the acts for the delivery
of fugitive slaves, and have thereby contributed much to the discord
and commotion now prevailing. Congress, therefore, in the present
perilous juncture, does not deem it improper respectfully and
earnestly to recommend the repeal of those laws to the several States
which have enacted them, or such legislative corrections and
explanations of them as may prevent their being used or perverted to
such mischievous purposes.
"3. That the act of the 18th of September, 1850, commonly called the
fugitive slave law, ought to be so amended as to make the fee of the
commissioner, mentioned in the 8th section of the act, equal in
amount, in the cases decided by him, whether his decision be in favor
of or against the claimant. And to avoid misconstruction, the last
clause of the 5th section of said act, which authorises the person
holding the warrant for the arrest or detention of a fugitive slave,
to summon to his aid the _posse comitatus_, and which declares it to
be the duty of all good citizens to assist him in its execution, ought
to be amended so as to expressly limit the authority and duty to cases
in which there shall be resistance or danger of resistance or rescue.
"4. That the laws for the suppression of the African slave trade, and
especially those prohibiting the importation of slaves in the United
States, ought to be made effectual, and ought to be thoroughly
executed, and all further enactments necessary to those ends ought to
be promptly made."
Public-domain text, read in full here on John Shaqi.
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