decide it, like other examining magistrates, without a jury, and then to commit him to the custody of the master.

"4. The right of the master then to remove the slave to his residence.

"At the time this law was passed, every justice of the peace throughout the Union was required to execute the duties under it. Since then, as we all know, the Supreme Court has decided that justices of the peace can not be called upon to execute the law, and the consequence is, that they have almost everywhere refused to do so. The master, seeking his slave, found his remedy a good one at the time, but now very ineffectual; and this effort is one that imperiously requires a remedy; and this remedy I am willing to provide, fairly and honestly, and to make such other provisions as may be proper and necessary; but I desire for myself that the original act shall remain upon the statute book, and that the changes shown to be necessary should be made by way of amendment."

On the same day, Mr. Dayton, of New Jersey, proposed to annul the bill by an amendment, which contained the following proviso: "Provided, That, if the fugitive slave deny that he owes services to the claimant under the laws of the State where he was held, and after being duly cautioned as to the solemnity and consequence of an oath, shall swear to the same, the commissioner or judge shall forthwith summon a jury of twelve men to try the right of the claimant, who shall be sworn to try the cause according to the evidence, and the commissioner or judge shall preside at the trial, and determine the competency of the proof."

This proviso, if incorporated into the bill, would have been as effectual a denial of justice to the owners of fugitive slaves as a direct repeal of all laws upon the subject, and a refusal to pass others. The amendment was rejected-yeas eleven, nays twentyseven. General Cass voted in the negative.

On the same day, Mr. Winthrop, of Massachusetts, proposed to amend the bill by adding thereto the following proviso:

"Provided, however, that no certificate of any commissioner, as herein provided for, shall be an answer to a writ of habeas corpus, issued by any judge of any State or United States court who may be authorized by law to issue the said writ in other cases; but it shall be the duty of the commissioner, or other officer who may give any certificate in the summary manner provided for in this

bill, to inform the party claimed as a fugitive of his right to said writ of habeas corpus; and in case said supposed fugitive shall demand said writ, the forms, proceedings, and evidence shall be according to the law of the place, as in other cases where said writ is issued."

This proviso, securing to the fugitive slave the right of the habeas corpus, if made a part of the bill, would as effectually have destroyed the bill and defeated the objects designed to be attained by its passage, as would the incorporation of the right of trial by jury to the fugitive in the State where arrested. This amendment, also, was rejected, General Cass voting in the negative.

CHAPTER XLI.

Opposition to the Compromise Measures-California-Public Meeting in New York-General 'Cass Present-What he said to the People-How they Received it-Re-elected Senator for Six Years.

The compromise measures were intended as a finality; and it was hoped that the disturbing elements growing out of the subject of slavery were put to rest. In looking forward into the future, statesmen beheld abolitionists trying to fan the embers of discord --and, if need be-disunion; but they did not anticipate opposition in any other quarter. They knew that the people of the north were prone to regard this domestic institution of the south with disfavor; and that, if they were called upon to vote directly upon the question in the abstract, they would negative its existence with extraordinary unanimity.

California was a free State-the inhabitants of the new Territories of New Mexico and Deseret would, at the proper time, decide the question for themselves-no more slave States were to be carved out of Texas-slavery in the District of Columbia was tolerated, and the law of 1793, with reference to the recapture of runaway slaves, made effectual. These, together, constituted the equilibrium of the Union: upon this altar were offered all opinions to appease dissension among individuals and independent sovereignties of this widely-extended confederacy.

With all the happy expectations which such a posture of public affairs justified, the thirty-first Congress adjourned its first session. The members went their several ways, from the proud capital of a magnificent nation, and traversed the highways of the country homeward to their constituencies. They who had given their voice and heart to the holy work of preserving intact the integrity of the republic, were prouder than ever of their country. With rapture, and buoyant anticipations of a long career of prosperity and glory-unequaled in all the memories and traditions of the past did they descant upon whatever of commerce-of agriculture-of manufactures-came within the range of their

observation. On the contrary, they who had fought against peace -who had early and late proclaimed uncompromising opposition to the patriotic recommendations of the Senate committee of thirteen-still nursed in their bosoms the feelings of disappointment and hate; and as they passed metropolis after metropolis-happy in the avocations of business-endeavored to shut their eyes to the fact, that this was the legitimate fruit of a Union that compromise ushered into existence, and whose guardian this goddess ever since had been. And when they reached their homes, delighted were they to learn that their speeches, transmitted in advance by the post, had produced the desired effect. Excitement, instead of being allayed, was on the increase; and discussion, instead of being more subdued and conciliatory, was more earnest and bitter among the people and the public presses. The compromise measures, especially the fugitive slave law-as it was called-were the constant themes of angry dispute; and what was still more remarkable to the philosopher in his closet, whilst the work of Congress was denounced by northern ultraists as conceding too much to the claims of their southern brethren, it was at the same time rejected by the southern secessionists as worthless. Extremes again met. This state of the public feeling was called by some, fanaticism; by others, revenge; and by all, as indicative of a determination to sunder, if practicable, the bond of union.

Citizens in many of the larger marts of trade viewed this attitude of the abolitionists and secessionists with alarm. The emporium of the empire State could ill afford to lose the advantages derived from all parts of the confederacy, and which its inhabitants expected to lose, in great part, if civil dissension and dismemberment ensued. To those men who had been foremost in the compromise legislation of Congress, they felt grateful, and as the northern members of both Houses were on their way homeward, tendered them a public reception.

General Cass was among this number. He had labored, in unwavering obedience to the Constitution, in and out of Congress; and in November, 1850, at his public reception by the citizens of the city of New York, he addressed them upon the exciting topics that now rocked the Union of these States from center to circumference.

Adverting to the progress of the compromise measures through Congress, the sacrifices made by all to ensure their adoption, the

setting aside political differences to accomplish one great object, he remarked:

"And where, in the long annals of mankind, do we find a people so highly favored as we are at this moment, when we seem to be struck with judicial blindness-almost ready, I may say, in the language of scripture, to rush upon the thick bosses of Jehovah's buckler? The sun never shone upon a country as free and so prosperous as this, where human freedom finds less of oppression, the human intellect less restraint, or human industry less opposition. And what overpowering object is before us which would justify the sacrifice of all these blessings? Why is one section of the country arrayed against another, and why are men found in it who are both ready to sever our constitutional ties by the sword, and to commit the future of this great republic to those dissensions whose consequences no man can foresee? Is there any advantage which disunion would make greater? Any security for the present, or hope for the future, which would be increased by separation? None, none. I repeat, then, whence this agitation, this alarm, these excited feelings, these hard thoughts, which are spoken in hard words, and are fast leading to hard deeds? Why is it that the series of measures adopted in the last session of Congress, reasonable and equitable under the circumstances, and approved by a large majority of the community, why is it that these have failed to calm the excitement, and restore harmony and tranquillity to the country? These various acts formed part of one plan of compromise, and should be regarded as pledging the faith of every portion of the country to their faithful observance, and if they are so in spirit and truth, we may speedily look forward to that good old fraternal feeling which brought us together, and which alone can keep us together. But, unfortunately, the public mind in the north has been much excited by the passage of one of those laws: that for carrying into effect the provisions of the Constitution on the subject of fugitive slaves, and it has been misquoted and misrepresented with such a boldness of perversion, unknown before in our political controversies, that its repeal is loudly called for in one portion of the country, and feared, if not anticipated, in another. For myself, I believe the repeal of that law would dissolve this confederation, as certainly as the morrow's sun will rise upon it. I believe the south would consider it a dereliction of constitutional duty, which