The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-04
CONGRESSIONAL.
DEFERH&D DEBATE.
MONDAY, MAY 81, 1850.


4. s SENAtE
The Senate having under consideration the special or
der-being the bill 10 admit CALI ,rna State into the
Union, to establish territorial governments for Utah and
New Mexico and making proposals to Texas Tor the
establishment OF her western and northern boundaries
Mr. MASON said Mr. President, il is my DESIRE in
The remarks which intend to submit TO the Senate on
the subject Of this bill to review, as briefly as may, all
the measures combined in H. or which are recommended
by the committee which brought il in, in order that may
point those paris upon which we may agree with the
committee, and those upon which, as they stand fear
shall not agree 4 doing this would frs, advert G
the bill under considerable have been connected with it,
and are recommended by the committee in their report as
apart Of the general scheme Of adjustment which that
seems me- one Of The provisions in the bill relating to
the reclamation Of fugitive slaves has been subject OF
some Ss ne & part q gsnemen ,n WIN
southern States The amendment proposed by the COM
mtee to which refer is, that which gives authority to
he claimant Of fugitive slave, when he goes into the
State in which such fugitive is found 10 take with him
record evidence sufficient to eRe him TO reclaim the fu-
gye without further testimony, and without oral test-
probably have not fully considered IL that this provision
would be found Objectionable on the part OF the claim
ant When this measure was proposed in the committee,
seemed to meand yet entertain the opinion that il
would become valuable advantage to the claimants OF
slaves who pursue them into the free States II will be
found, gentlemen will look il, that is not made the
exclusive evidence which slave shall be recovered
The claimant Is not required to arm himself with this
record but he may do not, at his discretion Yet
strongly incacd to think, il is brought into
practice, that there will be very many occasions on
which claimants will be glad to have this
cord evidence But however this may be, the provision
uative only, and not exclusives and the claimant
ouihe oral testimony OF witnesses, he deems best
think therefore, that the proposition, as recommended BY
the committees will be found valuable suggestion, and
practice will 90 far 10 facilitate, and diminish the
penses attendant on the reclamation OF fugitive slaves
There is another provision In the same bill which has
been recommended BY the committee, and TO which am
ia aovI In M ntuIv nv IL
provides that when fugitive shall declare that he is
Tree man, the claimant shall enter into bond to ia
dsd when this was first proposed in the committee il
seemed that it would be inn0cuous, at any rate
whether the provision amounted to much or little, il was
0as wnsh ~ d,se sancos 70 whaS ppouosed il he
mse, acquiesced so far as to agree TO i as recon-
mendaion, eservng 70 myself the right Of offering such
wards suggest themselves. am disposed 10 think
that cannot give my assent to It as member OF the
Senate The first and greatest objection have is, that
practically Think it will be found TO operate njurousy
10 the master who reclans his slave, because pending
the within which the slave is entitled to trial. the
master would not be able to dispose Of him, and we all
tive slave is recovered, it is advisable to dispose Of him
Immediately: first. on account OF the example, and
secondly. because by abscondng he has forfeited the
confidence OF his owner and il might therefore. prove
serious mischief to retain him that equvoca posi-
ton under the bond of his master. But, In any view
such provision is wholly supernuous, because in every
sae The shs sf Il aay says wSo s
right 10 freedom. They are allowed TO sue in forma
paupers; security is required Of the master to in
sure his safety, pending the action, and full pro-
vision made Tor sufficient liberty 10 prepare his for
tna which is always BY jury; in addition to which the
courts fe required TO furnish him with proper counsel
conduct the There isanother which pre-
sns itself very forcbly TO my mind II unnecessarily
ammels and embaIrasses the owner of this species OF
property, and Is, IN measure inconsistent with The ul
BY The constitution, the fugitive slave Is TO be delivered
Pon claim Of the party" and il is in derogation Of this
e when " we come 10 Consider id that BILL will Be- found
all sides that il will be best to avoid that provision
Another bll-that which proposes TO abolish what is
called the "saye trade in the District of Coumba-is
one Of those measures ffom which dissented in the COM
nltee, and from which shall continue to dissent iii
intended as par OF the general compromise, which il
said the bill under discussion presents fear that so
far as senators from the South are concerned-to large
majority Of them, al east-it will constitute an insupcra-
bic objection.
hammeIled, never could and never would give my as
sent 10 the passage OF such law at this time by Con-
ss Yeti consider that all discretion this subject is
sten from By resolution Of the general assembly
Virginia. passed at the last session, the abolition OF
he slave trade in the District Of Columbia by law OF
Congress Is made one OF those events upon the occurring
which the governor o Virginia is required TO convene
The legislature forthwith. that the State may be placed in
proper position to meet il
MI FO0TE. Will the senator from Virginia allow
me 10 interrupt him for momenti
Mr. MASON II for any personal or other explana-
uon have no objection to yield the hoor, but would
faber pursue my remarks uninterrupted However, the
senator from Mississippi can have the floor.
MI. FOOTE. No; decline. will not interrupt the
senator
The VICE PRESIDENT. The Chair takes this occa-
on 10 say that the rules that when senator is mis-
Stood when point OF order is raised, senator
may be interrupted Tor explanation, 10 be called to
aer The Chair could suggest 70 senators that this rule
should be observed as strictly as possible.
Mr. FOOTE. hope the Char will allow me TO say
That il the oldest senaos, and the most experienced had
mol commenced this practice and continued never should
have done so, But the practice has now become neces-
sIy for sef-defence.
Mr. BERRlEN. win the Chair allow to make a
ihe VICE PRESIDENT Will the senator from vir-
tina Weld the floor to the senator from Georgia.
Mr.. MASON. Certainly.
Mr. BERRIEN. wish TO suggest that, with the pur-
pose for which the senator from mississippi Mr. FooTE]
oe supposed the proceeding 10 be perfectly in order
10 correct what he supposed to be msappehen-
son point OF fact, upon which the senator from Vir-
senator, il he going to argue on state OF facts
which he supposed TO exist. but which did not exist ~
reality, would be pleased rather than dispeased al such
40 interruption. Tdo not know how the matter stands in
s particular case, but supposed the senator from Vr-
na would put US in possession OF the facts by reference
70 tne resolutions themselves.
Mr MASON | am perfectly willing to be corrected
\ any misapprehension, but gentlemen must be aware
hat 10 be interrupted when closely occupied BY the sub
necessarily mpars and binders the operation of the mind
Unless, therefore, be for purpose OF personal ex
panation, II 10 better that il should not be re-
sorted 10. Il with that view that on yielding the
noor added that did in the hope that the senator
nom Mississippi (and intended the remark TO apply to