The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-14
incongruous than those now proposed, to be made

homogeneous than those proposed. to be made
one bill.
There had been in the committee an amendment
made to one of the sections in the Territorial BILL
the effect Of which 10 deprive the territorial
legislature OF any power to pass any law on the
subject of African slavery lie had opposed this,
but had been voted down The effect Of it to
leave the question Of negro slavery TO the laws now
| IN force In the Territory.
Personally he believed that slavery did not exist
either in law in fact in the territories Others
| differed from him. That had been made an OBJ
lection to his resolutions. That statement of what
he then and now considered as two truths was put
in those resolutions offset to the relinquish-
| ment by the North Of the odious Wilmot proviso.
The latter is now at an end, and there was no ne
cessity oil going into the other matter He believed
slavery could not exist in those territories and that
| it was excluded by the Mexican law. Even if 1t
were not excluded, he did not believe any one
would carry his slaves there. The delegate from
| New Mexico had assured them that labor
cheap there's that 1t was not worth more than four
dollars month; and who would carry his slaves
there, when their labor was Of 50 little value?
He then explained at length the two sections in
the bill relating to the recapture OF fugitive slaves.
Those sections are as follows:
SEC. =. Ind be Il further enacted, That when any
person held to service labor in any State Ter
ritory, in the District of Columbia, under the
laws thereof, shall escape thercfrom, the party to
whom such service labor shall be due, his, her,
or their agent, attorney, guardian, or trustee,
may apply to any court Of record therein and
make satisfactory proof to such court of the escape
aforesaid, and that the person escaping owed SER
<ice or labor to such party; whereupon the court
shall cause record to be made of the matters so
| proved, and also of general description of the
person escaping, with such convenient certainty
as may be; and transcript of such record, anthem
tcated by the attestation of the clerk and of the
seal of the said court being produced in any other
State, Territory, district, in which the person
escaping may be found, and being exhibited to any
Judge, commissioner, or other officer authorized by
the law of the United States, persons escap
ing from service labor to be delivered up shall be
held and taken to be full and conclusive evidence
of the fact Of escape, and that the service labor
of the person escaping Is due to the party in such
| record mentioned. And upon the production by
the said party of other and further evidence if
cessary, either oral or by affidavit, in addition to
what is contained in the said record Of the identity
of the person escaping he she shall be delivered
| up to the claimant, and the said court, commits
sioner, judge, or other person authorized by this
act to grant certificates TO claimants of fugitves,
shall, upon the production of the record, and other
evidences aforesaid, grant to such claimant a GER
tifcate of his right to take any such person denti
| fed and proved to be owing service or labor as
| aforesaid, which certificate shall authorize such
| claimant to seize arrest and transport such
person to the State or Territory from which he
escaped.
| Aid belt further enacied, That in case the alleged
| fugitive shall declare to the court, judge COM
| missioner, other officer before whom he is
brought that he is free man. and not slave; and
the said court judge, or commissioner or other Of
hcer, shall decide to grant the certificate herein
Il
fugitive to the State from which he she shall have
! fled, the said court, judge, commissioner, or
other officer, shall require of the claimant his
| agent to enter into bond, without surety, to the
United States, in the sum of one thousand dollars,
that the said fugitive shall be removed to the State,
and into the county, parish, or district thereof,
| from whence he or she may have fled, and then
and there, after the return OF said fugitive, he
| or she shall be taken by the said claimant or his
| agent before court Of competent jurisdiction, at
its first term after such return and be permitted by
the said claimant his agent, to try by jury the
| right to Here follows form of the bond to be
| given.
| And the said bond having the blanks properly
| filled up, and being duly executed by the said
claimant his agent, shall be delivered to the said
court, Judge, commissioner, other officer, act
| ing aforesaid, who shall Immediately enclose,
seal, and transmit the by mail to the district
attorney of the United States for tho State dis
trct into which the said alleged fugitive may have
been removed And it shall be the duty of the said
attorney, the forfeiture Of the said bond, to pro-
coed for the recovery Of the penalty thereof; and
for his services in the prosecution and recovery of
the same, he shall be entitled to ten per cent of the
amount recovered, the residue to be paid into the
treasury of the United States and he shall be also
allowed for his services in the prosecution OF the
suit the of twenty five dollars, whether there
| be any recovery not. But If the obligor in the
said bond shalt comply with the condition thereof,
or if, upon the return Of the said fugitive the
place from which he she had fled, he she shall
declare before the court aforesaid that he she has
no right to freedom, and therefore does not wish
the prosecution Of any suit therefor, the said attor
ney shall in either of those surrender to the
obligor the said bond.
These sections were intended TO satisfy the just
demands Of those States whose property con-
| stantly being carried beyond its owners control,
and beyond all means Of recovery and also a fair
offering 10 the feelings OF those whose natural pre-
JUDGES were opposed TO slavery and in favor Of
freedom. The question was never without its diff
| culties, and the committee had done what they
| thought would be satisfactory TO all
/ There was one class, and he believed them TO be
| small, who found in some natural or divine law
justification for harborng the runaway slave and in
preventing his recapture by his master. To these
| he would make no concession; nor was any in
| tended 10 be made TO them. convention Of such
| men had assembled in New York few days ago,
and had rejected the prophets-Moses and the 9TH
ers-because their writings were not in conformity
with this supposed natural law which was above the
Constitution, and above the solemn obligation of
oath 10 support it. They had rejected and bias
phemed the holy name Of the Saviour of the world
for like reason. To such men, wherever they
were TO be found, he made no concessions.
He then alluded 10 the next topic acted on by the
committee, the abolition of the slave trade in the
District Of Columbia, and said il was recommended
to all by its proprety He had heard il first advo-
Gated by southern membcr-John Randolph, OF
Roanoke.
In conclusion, he earnestly hoped the bill would
receive a fair consideration; that Senators would
strive TO amend IL and make IL better, before re-
jecting il altogether II such were done, he had no
doubt but it would meet with approval by both
Houses of Congress. He was confident that if II
were submitted 10 the people Of the United States
for their decision upon Il, nine tenths Of them
would give 1t their hearty approval.
Mr. HALE moved and
The Senate adjourned.