The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-25


The Bal for the FSsther Protection of Peyonai L.
boty-Def,at Of the Act Extending the Term
Of OTee Of the Commissioners on Practice and
Observation-Disclosures Afavs, &C., &c.
The ball entitled act for the further protection
OF personal liberty, has been made special order
IN the senate tomorrow. The bill not only pro-
hibits every citizen OF this State from aiding
ssting IN the arrest or detention of fugitive
slave, under a penalty of $1,000, but it also for
bids any officer OF this State to execute or issue
any process tor the arrest OF fugitive slave This
bill passed the Senate at the last session, when 1t
was opposed by Messrs Fine and Floyd, almost
the only representatives of the radical democracy
in the Senate II was lost in the House, because
there was no time TO act upon IT, This year the
House have passed the bill IN It's original form,
and sent II TO the Senate Tor their concurrence
We now find Messrs. Fine and Floyd urging its
passage they opposed il last year on the ground
that Il was a violation OF the constitution OF the
United States and OF the laws OF Congress. The
following Is the provision OF the constitution upon
aNo person held to service or labor In ono State,
under the isss thereof escaping into another shall in
charged from such service labor but shall be de-
hvsr.d up on cism OF the party to whom such service
Messrs. Fine and FLOYD are not the only Seua-
tors whose relation to this bill has been
erratc. Mr.. Johnson (whg) voted tor IT last year,
and 10 now decidedly opposed to It's passage. The
above provision OF the constitution ~ ate pted TO
be evaded by the argument that there Is nothing
in the bill which prevents the delivery to their
pursuers OF fugitive slaves escaping into this State.
THIS argument 10 shallow, because the citizen OF
this State who delivers fugitive slave TO his mas
ter, must certainly be considered as having aided
IN the arrest or detehon OF such slave, and would,
there fore, be held Tor the payment OF the hne I'M
posed by this bill. la order 10 deliver up thing
or person, 10 seems to me a man must first be IN
aloU al IL
proposed 10 evade this provision OF the constitu-
ton by exemptlng from the line any marshal OF the
United states, or other ofhcer OF the government
OF the United States, who aids IN the arrest or de-
enton Of fugitive slave; such officer, II seems, Is
the only person whose night TO act IN such an
emergency ~ recognised by the laws OF this State,
and there Is no provision made tor his protection
iron any danger which he may incur In perform
ing this duty.
The act extending the term Of office Of the Com
missloners on Practice and Pleadings 10 one year,
from the 3lsi day Of January instant, was lost IN
the Senate to-day, there being only sixteen votes
in Its favor to seven against II there were, OF
course, nine absentees. No bill can become law
without receiving the votes OF majority OF all the
Senators elected TO the senate TINS bill was
therefore declared lost Mr. Hawley moved to
reconsider the vote. Hismotion was entertained,
and will be acted upon tomorrow the bill will
doubtless pass. was In error yesterday when
mentioned that II had not yet passed the House
n has already passed that body. Its opponents In
the Senate are willing TO extend the term OF office
Of these Commissioners two or three months from
the 3lst instant, IN order 10 give them ample time
10 complete their second report, which II Is be-
heved they will present about the 10Th OF February;
but these Senators are unwilling to add whole
year To their present term OF Office. IL was stated
in the House to-day, by Mr.. W. >. Smith, that IN
their next report these Commissioners would Of
fer more than two hundred and fifty amendments
to their fret report. In fact have heard Senators,
who voted for the bill extending their term OF Of
flee, remark, that they were convinced that the
work Of the Commissioners on Practice and Plead
Ings would prove an entire failure. Ii IL generally
believed that two Boards OF Commissioners ought
not to have been appointed, and that the Commis-
sIoners Of the Code are competent 10 perform the
whole labors with much more ability and success
than they can with the assistance Of the other
Board one Board operates az a clog aud a check
upon the other, and the operations oi one viii an
nul hose oi the other.
b.autliul and animating and funny episode
occurred m the House to-day. Ihe House was
considering q resolution, offered by Mr. Johnson,
of ChenaDgo, calling upon the Comptroller 10 re-
port 10 the House the amount "a money paid by
HIM to MIR Anthony J. Robertson tor his service.
as Commissioner VI the Code, the amount ana
nature OF the SERVERS Performed by ham az sucn
Commissioner, &c &c. Mf. Johnson offered
this resolution, IN consequence OF Information nc
has received from Nessrs. WoFden a. Hswley,
the Commissioners Of tn Code, who are now at
ting here; hsPeais mat, ACCORDING 20 INC SAL
ment ei these gentlemen, Mr.. Rober'soa declines
10 have any communication with them "a any way
Thai n, has never attended thur meetings; that he
will not reply 10 TIE numer0us leiters they have
despatchsd TO him; and that 80 far AZ their know-
ledge extends. he has done nothing 20 assist them
IN The Performance Of the duties dcVOlvcd upon
them esy.rally by their appoIntrusnts. Mr. lohn-
son, therefore, oicrd hrs resolution OF ingaify.
A member from Oneida, moved 20 amend, by
adding an AddIIlona, resolution, requesting the
Comptroller to rsPort The amount OF moaey
paid by him 60 John A. Collier, as Commls.
s,onrr ot the Code the amount pad said
Collier for CLERK hue, office rent, Ne. and the
amount and nature 81 the service IeIicrIned BY
said Collier as such commissioner. When thls
resolution wac olicreo, M,ssrs Collier and Joshua
A. spencer were on the floor OF tAr House; they
watched the progress II the affair with immense
interest. The additional resolution created a
great deal OF iun and excitement, anS " produced
an immediate organization Of Golfers tnends
against those members who are attached 20 the
fortunes Of Seward. In several interviews which
occurred IN the ante. chambers, between Seward
and Collier men, we overheard tia latter stigma
tie the resolution as a ruiiiasly sttcnPt 10 stab
MIR Collier IN the dark, and 10 InJnre his chances
Of election to the United States Scnair; ] also
heard the epl,het OF "coward" aPpsied by the
Coll;.v the immediate ffiends of - ward.