The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-23

by the orbearance oil those who have never pracsed al
Lar as know, upon The maxlms OF magnanmiiy good
faith, and justice
have said more than | intended to; but when re-.
marks have been thrown out to- day, could moi keen
my seat
Mr. DICKINSON. In what little I have saia air 7
have not Departed believe, from the question: and do
NOT intend to depart from il now. | rise however to
M more iu man before The statement OF fact made
6y the senator from South Carolina, MIR BurLER |
There is no such fact as the senator supposes The
question has been before the State legislature and the
Jaw mas peen retained as 1t was 1t is not than two
or ihfee weeks since fugitive slave was brought before
Judge Edmonds OF that Stale and the case was enter
tanned 10 be the slave was dismissed but the
case was entertained, and decided and have right
70 presume, correctly do not know all the reasons
Tor the judges decision but far as | recoec ii
was this: The slave was brought before him, and
was was considered 70 nave been arrested without pro-
cess OF law; and If 1 remember right, the Judges
decided mat there should have been a process to
have brought him before tribunal in the first in
stance. Whether he decided rightfuy, or otherwise
perhaps is not proper for the Senate discuss
is sufclent that the State legislature carried the
provisions of the constitution, executed the laws and
have interposed. yet obstacles it and although
the proposition has been made that she should do so. it
Mr.. DOWNS. was glad to hear part Of the re-
marks made BY the senator in the conclusion of HIS
speech, to wit that he differs from myself and the sena-
tor from Florida with reference the position that the
Union Is in danger will 80 so far AS to say that
the senator's opinion s entitled TO great weight upon this
subtect-a great deal more than my own because be-
eve he really thinks it will be in danger if the current
of these aggressions shall cease. wish him most
phacaly to say there is danger, and will believe
his declaration good omen that the waters will be-
come stilled, and the agitation will cease If that be
the case. then have no doubt that the Union will pre-
served
But rise chiefly to state that, in the reply of the gem
teman to that part of my argument which related to
the retaining OF fugitive slaves, the gentleman, and not
myself was mistaken, 1t rs true, the gentleman says
the State has been mulced in damages in Michigan
But does the State provide that the shall have
denny Tor the injury of the property itself Where
ia AL nrnna ~ nnNp2 In I all o,r
what does your Judgment without damages, amount to
would like to have of the honorable from
Kentucky state whether these gentlemen have real
lied anything from their verdict of damages in Michigan
Mr. UNDERWOOD | have no information that they
ever recovered the money.
Mr.. FELCH. Mr.. President, will state word or
two In regard to this Ii a subject of remark
here at the last session of Congressman in some in
stances of remarks that were uncaed for-tenling to
throw opprobrium upon of the citizens of Mchi-
gan, well upon the tribunals of that State As
understand the is not stated by the gentleman
from South Carolina-it not case involving
question OF present abuse, or injury TO individuals from
Kentucky.
Mr. BUTLER 1t was an action for trespass, l sup.
pose
Mr. FELCH 1t was simply an action upon the case
in which the of the slaves in the State of Ken
lucky claimed, upon the statement OF facts, that they
were entitled to compensation for the slaves themselves
They alleged that their slaves having made their escape,
came TO Michigan, and then mob assembled for the
purpose of taking them away. The charge aiding
and abetng and upon that principle and that alone,
understand tHey SOu5nl compensation Tor damages
for the value OF the slaves The first trial before
Judge Mclean, in which charge obtained fully
sustaining the rights of the slave holders, in accordance
with The provisions of the constitution for the recovery of
fugitive slaves AT that time the jury did not agree upon
verdict, eleven of them being in favor, AMI against
the plaintiffs AT subsequent trial that verdict was
found, and the value of the slave as have always
derstood it, the measure OF the verdict At this last
trial. the district Judge presided in the absence of Judge
Mclean and his charge fully sustained the application OF
the plaintiffs, and verdict rendered of about
two thousand dollars.
wish to remark further, that no doubt has arisen in
either o. the uries who tried this who were ct
zens of that State, taken ndlscrimnaelyn there
any question as 10 abstract rights involved in the
case, more than in any other clam of The kind. On
the contrary it was complicated of facts; one
in which any jury might have arrived at different
conclusion to The facts There in the first in
stance disagreement In the second, the facts were
made clearat all events to the satisfaction of the
jury And in regard to the question of law, whether
the rights of the State should be recognised that mat
ter in this case all ohers there never was doubt
so far as | know, in the mind OF any member OF that
jury
Now, sir, TO the question directly submitted to me
by the senator from Louisiana Mr.. DowNs] whether
nG as Of ee Wnsher ha
has been paid not, do not know. And whether the
State will become subject of review in the supreme
Court, know not; but this | will say know that the
citizens who the defendants in this case II there is
verdict against them Tor $1,000 are perfectly good
for it: | know ii can be collected Whether they may
be satisfied with the decision or not cannot say; but
can say that whatever the verdict may be upon the
final adjudication, that verdict will be paid
Now, sir, if the gentleman will allow me single
word, will merely say that am not aware of any Sen
shveness upon this subject that will prevent JUL and
careful examination of every question of this kind
which may grow of the taking of fugitive slaves in
that portion of my country believe this is of
the strongest evidences that If slave is pursued by his
master into that part of the country he may rest assured
that not only courts of justice open to him, bat OR
Judge is ready to listen to him; and in point of fact,
there is no place where nvestgaon will be more far
and equitable and verdict and easy, upon the
principles of Justice and law This is the first IN
yolving this principle, and this principle only that
has been tried in the northern States and anything is
wanting 70 show the proper feeling and care with which
they would investigate, and with what impartiaty they
would investigate any OF the kind brought before
them, | would point to this evidence that
justice upon this subject free and open at the North
TO every citizen from the South, the courts oheir
own States
Mr. BUTLER have thu book before me now. have
the law here, and take the liberty to read it is the
law it stands in Massachusetts, and Rhode lsand but
| cannot say that it refers also to other States.
SEC No judge of any court of record in this State,
and justice of the peace shalt hereafter take cognzance
certificate in that may arise under the
third Of the of Congress- passed February H.
l7Y3 and entitled An act respecting ugtves from jus
and persons escaping from the service OF their mas
te" any person who claims any other person as fu
gtve slave within the Jurisdiction OF the state.
SEC 2 No sheriff, deputy sheriff, coroner, constable,
iaor other officer of this State, shall hereafter arrest or
dctain aid in the detention imprisonment,
jail other building belonging 10 this State or 10
any county, town thereof, o. person., for the
reason that he is claimed as a might've slave
SEC g. Any justice OF the peace, sheriff. deputy sheriff.
coroner constable, ailor who shall offend against the
provisions OF this law in any way, directly indirectly,
under the conferred by the 3D. section OF the act OF
Congress aore mentioned shall Forfeit no exceeding
five hnndred dollars Tor such offence to the use OF the
State, shall be subject Imprisonment, exceeding
six months in the county Jail.