The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-24

ton there whether that labor is due. main
tain that, under the constitution as II now stands Con
gress If thinks proper exercise it, has the c0asta
tonal power vested in 10 try the question whether the
service or labor is due where the arrest u made
maintain this and in answer to the gentleman who ats
before me, lMr MAsoS,l would refer 10 the doctrine
advanced in long speech on former occasion %
not wish 10 repeat that doctrine now, which ! have
already advanced flor il there is anything in the world
which IS dsagreesbe to is to repeat the same idea
thousand times. maintained on that occasion thai
whether the service labor Is rsh,iay due w6sss Is
arrest made we ought to pursue the provisions Of ths
ton whence he ed there have the question Of savery
or freedom determined.
What then. does this amendment propose Ii simply
proposes that in the execution Of this power instead o
having the tried where the arrest ia made the
claimant shall give bond TO take the fugitive back to the
trial. in order TO ascertain whether the service or labor i
properly due Sir seems TO me that this . but t1
ercse OF power incidental % the inquiry a. TO whether
the service or labor is due believe is power the
exercise OF which will result most beneHciay in bsAa
OF the constituency which my friend over the way and
myself represent If you do not make some provision to
have the question to whether the service or labor is
due tried al home and give the individual claiming to BE-
free man the benefit OF that inquiry, will not our north
friends contend that the trial shall be made abroad
Them sir, il this is truthful view Of the d6healtes
which have heretofore suggested 10 the Senate whenI
made that speech ask the honorable senator over the
way to consider this beg him to look at it. will BE-
no more interference with the rights OF the master than
what his State and my constantly committing in
Then the question up, ID this interference
proposed in the amendment Ii il merely
power incidena! to that which Congress may ighfuly
exercise in ascetanng whether the service or labor be
due II is reference OF that question TO the ibu
mails OF States. Our constituents would Be d.
lighted WITH rather than opposed the provisions Of this
amendment. They would be pleased with the trial ct
home, in contrast with trial abroad. The trial abroad
would be runous to usthe trial at home should be &C
This amendment merely provides that bond shall
be executed il the person arrested persists in claiming 70
be free man My own opinion is that. in nine eases
a ten ftpr
shall be heard if the is made out plain a. to an
horize the commissioner to grant warrant TO return the
fugitvethe fugitive perceving that the thing has bean
decided, that the proof is evident, will acknowledge
the fact and not ask for the execution OF the bond IA
that Mr. A b is my master | viii 60 home with him
That think will be the operation of the amendmeat
then the claimant shall give bond to have him re.
turned TO the court of the county from which ne he'd and
there give him trial II seems to that this il rea
sonabe and Just in itself, and that il is more Of an IN.
reference the part OF Congress with the rights 81
property than the States daily exhibit Whenever salt
extent When negro his master, the court can
put the master upon terms to have him forthcoming tor
trial and have an v9pporuny q defending nx ss as
where the individual shall persist that be 10 free nan
If he acknowledges that he is slave. which think y
and no bond will be required before be is taken back
hope the gentleman will consider the matter and nof
pledge himself to vote against the bill TINS Ieqse-
desous TO have il there. but because know thaf
number Of nor!hs gentlemen desire % have insese
seemed to be just the thing which is required could
perceive that greater interference with the
right Of properly than the States are constantly s. q!
trial to the who asserts that he free man. only
to be the exercise OF power incidental to hat IN
qury which the constitution allows Congress TO institute
hope this may be satisfactory 20 far a. that clause 70
AS to the modification Of the other clause. II the
,htrh hovo pd hv
mttee OF Thirteen prevails do not any material OBJ
lection to it. did not modify that clause, or make any
change in because had been the work OF those whom
the Senate had delegated to consider the subject have
thought best TO take the work OF the committee, wahA
little modification which did make, to provide that tee
judge when the court not IN session, might make
up the record, and provide some little verbal aeratoas.
wholly unimportant in regard TO the scheme dd MOI
desire 10 touch ns wTk o. sne ~ Ss Droor.,v n
giving the Judge, vacation, the night to make up the
record well as the court
Now, SIR in reference to that amendment prepared BY
the Committee OF Thirteen think my friend isbors under
little This substitute OF mine does not posi-
lively require that the STAKEHOLDER IN the case OF the e.
cape of his slave shall always fortfy himself with rec
ord that description II leaves his right upon the CON-
mon-aw principle, ander the decision OF the supreme
Court, 10 and make orcbla capture OF his slave
wherever be can possibly do it, That is right which
conceive cannot be Ineriered with by egsat'on But
do want to say anything upon that subject IN ths
place IT, under the constitution, the slavehoder mas
right, consequences OF his slave being his property. 70
that property wherever he may hnd II, and TO con-
iro that which mas escaped IRON
State by oi the operation OF the constution OF
1.-The United States, we deprive him OF that right
This bill is merely cumulative additional to that r&nt
1t is addition those provisions TO which every save
holder in my opinion, Will be satisfied to resort II wu
be much better for him avail himself OF the proviAona
o the act and take the legal course presented Tor oo
tanning redress than To undertake to redress nimeA
This principle of self-redress, in community where
slavery not toeraedwhere every 10 free, and the
presumption may be contrary to that which pssvahs
among us-hs principle OF self redress in community
thus organized, may lead to riots, disturbance, and
breach OF the peace But IT, in conformity with this
provision the subject the master comes with the rec
ord of the court his hands, showing that the person
has escaped, and giving description oil him. together
with the proof that he owed service or labor. TINS wi
be satisfactory every right minded man IN the iree
States; at eas, il will present prima fdc,s case o.
ownership, when the claimant with the record ana
seal OF the court. properly certified and authenuc1,eu
Every man who loves the constuhon-who u wI.',e
To respect The institutions oil his country. and
to the citizens OF each part OF the repuDne .n.. ~.
which the constitution secures to them-w A. o"ce ~
oYou have come with priu1o face case you csn ~
rest the described n this record you SNAIL nAve
fair hearing before the magistrate OF co.msMs ~
ponted TO investigate the case IL seems 70 "e. ~ va.
this provision although may De cumuiauve-aIshou9h
il does not interfere with those rghs growing out ot ne
will be attended win advantages which
he losing his property will always avail him
eu Of bv armng himself with record OF that sort IL
v;ll Too in nv Judgment, have tendency to preserve
oeare in The State which he shall with this rec
) ord -,
NV friend conceded that that part OF the scheme which
adopts officers already existence, which Provoe
that the courts Of the United States and the supreme