The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-28

clothed with the authority, ia every State Of the Union
10 seize and rocapturo his slave, whenever he
without any breach Of the peace illegal violence Ii
this sense. and to this extsn this clause In the consuoI
may properly be said 10 ITSELF and require
from legislation, State or national"
Again; That
The clause relating fugitive slaves is found in the na
.oanL constitution and not IN that Of any State !. nigh
OF Interpretation TO insist that the States bound to pro
q % % ss the
constitution On the contrary the natural. If the
abssnss ali positive provisions o the Contrary s bound
is own proper departments Legislative, executive
rights and ID 2s s, es
ton"
] Again That
~ would seem upsn just principles Of construction thai
all State egislson upon the same subject and. BY
sary implication, prohibit IT,"
| Again. That
"The Of l2,h February, l79s, relative to fugitive
visions and, indeed, with the exception Of that part
which coners authority on State magisates s free from
ferred STATE magisratss while difference of opinion
exists, and may exist this point, in different States
entertained BY the that State magistrates may II
they choose, exercise the authority, unless prohibited BY
State legislation"
Mr.. President there seems to have been general ex-
preston OF opinion in the Senate against the validity
correctness Of this decision, far pronounces State
laws unconstitutional Sir was happy to hear the hon.
whose judgment lawyer all respect say that in
his opinion the decision was right That is my opinion
Now sir having ascertained what the Supreme Court Of
the United States has decided upon this subject and that
II s the duty OF Congress to carry this provision Of the
constitution into effect, am willing to do 80.
Here permit me to say without the slightest disrespec
has expressed himself upon this subject, Mr. SEwARD]
that have sympathy in Of the sentiments thus
expressed Every man s true is the Judge Of what is
myself Having entered this chamber, and bound myself
by cable stronger than iron to the constitutions hold
that it too late to 90 behind when its text is clear As
soon sir as we begin to specuate not upon what the
sttuton is but upon what ought to beo try by the
laws Of God anti the powers Of conscience, UNDER
stand them fear that our anchorage is gone. that we are
adrift in the night am willing to carry out this pro-
vision without palterng with my duty. But may look
upon this question differently from the honorable
from North Carolina and others who have addressed us
upon this subject: am prepared to vote for law for
the recapure and redevey of fugitive slaves; but you
must present law that is reasonable-not anomalous
in s provisions Or unreasonable in ts chactsr
which is now before the Senate, and the proposition
which is intended to be introduced by the senator from
Virginia INT iMAsosl s as as an amendment 10 my Jgds
state of the public mind simply have amended the act
Of 1898, by supplement providing merely that certain
officers of whose services you have been deprived BY
the decision OF the Supreme Court and that they be
vested with powers to carry that act into effect But
another snons, course q has been taken Inc committee have
examine that bill / think we shall find il the most
anomalous and extraordinary bill ever brought before
for legislative action.
The bill reported by the Judiciary Committee. in its
first section gives power all commissioners Of the Su
peme Court clerks marshas postmasters, and collectors
Of that act Now, sir il Won recoIIsct who and what
the individuals here named are, scattered all the
country does i not strike you most anomalous and
Of pronouncng effect upon the slavery or freedom Of
human beingl s there State in this Union. is there
southern State that has would vest power OF this
without revision think not one. And if you pass
such law, take il upon myself to say that you will
generate species Of kidnapping, Of fraud and outrage
subject admit that the amendment offered by the SEN
aor from Virginia is better than the provisions OF the
law as 1t now stands That amendment provides, how
ever for the appointment Of commissioners by the fed
eral courts OF the United States and observe that by
that amendment my little State would get between sixty
and seventy commissioners, three TO each county, for
ment, well in the original BILL il seems to there
y msiasn principle OF action, OF which will speak
further hereafter.
The second section OF that law auhorzes the ndivd
uas to whom judicial power s given 70 issue process
upon application Of the claimant before the arrest Of the
fugitive is made. That is nght-unquestonably right
have the power, ought to be peemptoy; because
most OF these difficulties arise from the fact that claim
ants act without process. black male female lives
are recognised as free by our laws, and have children
born there Gas was the case OF the female carried of BY
Prgg from Pennsylvania.) Upon some calm day q
stranger, unknown to the community presents himself
there. and without process evidence, smpy says that
man, that woman s my slave The black denies It
and yet he lays violent hands upon that slave, and car
res him her of by force That community know moth
ing OF the man who presents himself nor OF his right
They only know that the black has been there perhaps
for years. and supposed to be free Can be matter OF
surprise that under such circumstances there should be
mobs and riots and outrages The 10 calculated to
create excitement and the feelings Of all free commun
ties revolt against IT, Il is therefore say that we
have the power IL best for the master well as the
slave that make the prior issue OF process imperative,
and not optional
The third section authorizes the marshal and his dep
ues OF the federal courts Of the United States, where
force or violence is anticipated TO retain the fugitive in
their own custody and that they deliver him over to the
claimant in the State where the claimant lives Here
new reading OF the duties OF United States marshals
man who Is marshal in Michigan, under this provis-
ion is compelled deliver, and Is OF held espon
sible under this law for the safe delivery OF fugitive
in Texas. These marshals appointed under the ju
dietary act OF 1859 let me read few lines from the 27tt
section:
"A marshal shall be appointed in and for each district
&C. whose duty Ii shall be, &c. roughosf III
daric all lawful precepu direcsed 10 him and issued
der authority OF the United Sases and he shall have
power 70 command all necessary assistance In the execu
\ ton OF his duty" ~ f 81 sgts 81 81 1as
He is then required to take the official oath and 70 give
bonds marshal Of that district He 10 appointed onl,
execute wrts and other precepts orders within h'
district Now sir, put il to professional gentlemen or
this foor you surcharge him with these additona
duties exra-erritoria in their character And, yot
do 20 surcharge him. his securities responsible TO-
their due performance'
But SIR again Il is said that this demand for the de
rf 49, and turadlctIOu