Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

obtaining compensation from the United States in he
fails Of success and spprehend that if the two measures
blended together the result will evenuse in getting
neither. That what perceive The two measures
essentially different and distinct in their nature The one
remedy by which we to obtain the thing tsethe
slave You are pursuit of the other you cannot OBJ
tain the slave by pursuing him. get from the Government
the value Of slay under the superstition that the Govern
men has been derelict in the performance Of its duty
Now if the gentleman wishes to avail himself any Of the
anaoges which have been presented either in reference to
Indian depredatons, in reference the liability OF the old
English hundreds in reference the liability Of towns
and corporations TO pay damages which may be pepeated
BY mobs seems to me that ought to constitute separate
and distinct subject for legislation, and that it would be bet
ter not to blend it with this BILL perfectly certain that
shall lose number of of gentlemen who might be
disposed to gve good remedy for the reclamation OF ug
tive slaves therefore, think that you had better egsate
upon the remedy for the present. and nothing but the reme-
dy. When the bill has passed providing remedy for the
reclamation ugtves then let the Senator from Maryland
introduce his proposition, and test it upon s own merits,
and we shall have difficulty in voting for upon its own
merits aga il for its demers and will have no in
fuence upon the remedy which we are now endeavorng TO
effect
Mr.. President since the suggestions which made yeser-
day have conversed with gentlemen, and from that
conversation apprehend that the bill introduced by my friend
from Virginia, (Mr. MASON, and for which will vote,
the substitute which intend to propose is rejected, claims
number Of things that cannot be obtained have produced
since yesterday evening" by taking the work of the honorable
Senator from Virginia, and approPriatng it far as could
and by taking the work Of the COMMITTEES OF Thirteen and
approprang that as far could, and with little Of my
work, bill which wish TO offer as substitute for
that which before the Senate wish to explain the
different parts of this BILL and then to offer it and if it should
be the pleasure Of the Senate not TO act upon the subject to-
day. would have the bill printed, that might
be contrased with the bill now under considerations and
when have done that shall have finished my remarks
The first section Of my bill is this effect that the
mssoners who have been heretofore may be hereafter
hxr af fho cd
who, in virtue Of their appointment, are made justices Of
the peace to the thrythrd section Of the judicial
Of 1885, in reference to all criminal matters in which the
Government concerned shall have all the powers and per-
form all the duties conferred by the act Of 1898 the judges
and magistrates in that act named The effect Of that is that
the commissioners to be made justices OF the peace
pointed under the federal authority in the and place Of
the State magistrates provided for in the act Of l793 and who
by State authority prohibited from executing that
act The Senate will perceive, if they will look at the FIRST
section that only propose devove upon these commits
sone federal justices of the peace the same powers and
duties which the act Of 1898 TO the judges and State
magistrates mentioned in that act We therefore, thus get
clear of that part the decision in the of Pennsylvania
PTgg, and Of all that State legislation which declares
that these State magistrates shall longer execute that law
Now sir who object to that then provide that the
supreme of the different Territories shall be permitted
to appoint commissioners in the same way that the circuit
of the United States allowed to appoint them and
that these commissioners when appointed by the superior
courts Of the Territories shall possess the power
magistrates anu OF as
appointed by the circuit courts Of the United States possess
and the powers and duties devoved upon the State
magistrates in the of 1898 shall devove upon those mags
thus appointed by the supreme courts Of the Terri
tories. In this way propose to get efficient set Of federal
officers to take the place of the State officers provided for by
the act Of 1893
Having got the basis Of efficient action, by providing the
officers in the way have stated go provide that they
shall issue processeshe original process necessary to bring
before them fugitive slave wherever he may be found
When brought before them allow them investigate the
case and upon that investigation grant certificate in
they deliver the fugitive to the ownerhe certificate
which provided for by the act of 1888 then add clause
ncrg penalty upon every person who may be guilty Of
nteruptng the magistrate OF commissioner in the perform
of his duty and allow such magistrate commissioner
to punish the delinquent by mprsoning him not exceeding
twentyour hours require the marshal to whom the pro-
s directed the special individual designated for that
purpose, If marshal be obtained to attend this commits
sioner and to aid him in the preservation Of ORDER to
force the penalty in case it s necessary to mpson any party
for contempt In this way propose secure at these trials
order and decoum and freedom from that moestaton from
mobs which might otherwise intervene Having done this
provide that the certificate which shall be given by the
tce of the peace the commissioner and the proceedings
before him, authorizing the taking of the fugitive TO the State
county whence he fed, shall not be relied upon in any
suit which the slave may thereafter institute for his freedom
before the court where the suit is instituted and that the
proceedings thus had before this commissioner shall not be
pleaded in bar to any suit thus instituted or prosecuted to
by the rights Of freedom.
the commissioner would not operate bar in any case
whatever any suit instituted by the fugitive in the State to
which he may be taken for the purpose Of recovering his free
dom. have no idea that if there such provisions
those have introduced in the BILL that that certificate and
these proceedings could have any such effect but have in
roduced positive enactment for the purpose Of giving salts
faction to those who may be appehenye that this certificate
and these proceedings might have such effect beeye they
would have such; but perfectly willing to place
the matter beyond all doubt and say in the BILL if i.
| shall pass, that it shall have none.
have then taken the two sections reported BY the COM
mittee of thirteen look upon that section which provides
for the making Of record in the State whence the g
tive escapes and which to that record when made
the character of conclusive evidence before the commissioner Of
the fact that the service due to the party claiming, and
likewise that the person described in the record ug
hve that look upon that record thus made up Of
great value the person pursuit Of fugitive. With this
provision the only question which commissioner mags
rate will have to try will be the identity of the individual
mentioned in the record. Nothing than that The
fact that the claimant lost slave will be concusve estab
hed according the section reported by the committee of
thirteen that that slave named that he Of
such an sge and of such description. Then when the
rest made of the person the State to which the fugitive
may have escaped the only question be decided is the
individual arrested and brought before the magistrate
missioner, the identical person mentioned in this record
the testimony should prove before the magistrate commits
oner that the person thus brought before him the den
cal individual mentioned in the record he has nothing do
but to write certificate authorizing his return to the country
from which he may have escaped look upon this provision
as aodng great facilities for the recovery of fgives and
as likely operate most advantageousy the people whom
represents and which will give them great satsfac-
ton if it be adopted
have also taken that section of the bill reported by the
COMMITTEES Of Thirteen which provides that the shall
give bond in the slave requires it. that when he re-