The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-27


How them we 10 interpret the Language Of the clause
The words shall fully and completely egecfas The uot' Oh
become shadowy aud unsubstantta and without eme
dial power adequate the end, aud by another mode
will is just end and us manifest purpose,
would seem, principles OF sonlng absolutely RE
sstbe that the atler ougnt 10 prevail No couu Of justice
bs authorized SO TO constfue any clause Of he cons
ron dee MS obvious ends when another construction
equally aceofdant with the words and sense Thereon w
enforce and protect them.
The clause maniiesty eonemplaes the existence Of
positive unqualified tight on me pal. o. e Jwnea ., .s
control restrain The slave Is nor 10 oe alschaeea o
service or labor q, q ay sqs s n pissv Of
criticism words, lt may larry ana feaso any pe
limits, delays OF postpones the rght OF 'ne o"Iei
immediate possession OF The slave, aaa me i,"nao Az
naud ofhis service and labor operates, pro d"to uis
charge OF the slave thereirom
In the same case Mr. Justice Mclean says:
Without adverng to other conflicting views aud inter
OF the States represented In the general .ne
and absorbing consideration la some OF the states was
considered evil, and strong opposition 70 H. IN an ~
cherished right Incorporated into the social compact ana
sacredly guarded by law.
the elements OF society, could be brought TO rconcea
action oay by an exercise of exalted patriotism feen
The convention and in The States The danger dscord
and ram was seen and felt. AID nekno%sdaed ana ts
led the formation the ooniederacy The constitutions
IL IL cannot be said 10 have imboded IA an us pais
the peculiar views OF any great section OF me union
the best which, under the circumstances, could be
devised, and that l's inperecons would Dc los 'gn oil
II would secure
The language the provision is general II covers the
whole ground mot IN detail but Ia principle lhe S,a,es
inhbted from passing any law Or regulation winch
shall discharge fugitive slave from the service OF his mas
!; and positive duty Is enJoned on Them TO deliver
h,m up " on claim OF the parry 10 whom his service may
be due"
The bill was then passed
Mr. MASON moved that the title be amended so as 10
read. Gan act TO amend and supplementary to the act emit
tied AN act respecting fugves from justice, and persons
escaping from the service OF their masters approved Febru
airy IL, 1893 -" which was agreed To- and the bill as
amended was passed.
cAMFIELD AvERHILL
Mr. DICKINSON moved that the Senate proceed TO
the consideration Of the bill for the relief OF Camfeld
AverhIll.
Mr. FooTE should like to inquire whether this
Mr. DICKINSON No time at all 1t is one in which
member Of the other House takes great deal Of inter-
est, and be wishes 10 have 1t acted upon
The Senate then, in committee OF the whole, pro-
ceeded to the consideration of said bill and amend.
having been offered, the bill reported TO the
Senate, ordered 10 Third readng and was read third
time and passed
WALTER COTTON.
Mr. BRADBURY moved that tue Senate, com
mttee OF tbs whole proceed 10 the consideration OF The
bill TO make compensation TO Waller Cotton. He stated
that it bill which would not be likely TO occupy any
time. II was due, act OF justice The individual
named. TO have II acted upon.
Mr.. FOorE May inquire of my friend from Maine
whether he feels well assuted that this bill will not inter
feIe with The special order OF the day. IL o'clock
Mr.. BRADBURY. Certainly am
The bill was then taken up, read second time, and
considered as 10 committee of the whole
Mr.. BRADBURY. | have amendment to offer,
agreed upon by the committee TO in after the word
cents" III the sixth line. follows to be paid out OF
any money IN the ueasury not otherwise appropriated"
The amendment was agreed TO-
Mr.. SHIELDS. | wish 10 hear the senator who re.
ported the bill make some statement IN explanation OF
Mr.. BRADBURY. The report in this case, which is
from The Committee on the Judiciary gives an explanation
OF the claim. will now merely state that the claimant,
Mr.. Cotton, upon the capture OF Monterey in lS47, was
stationed on shore by the commander IN. CHIEF OF the
American force Chief civil magistrate acalde for the
middle department OF California. He was subsequently
appointed by the commander chief of the military and
naval forces and directed 10 act admiralty judge oil
prize court rendered necessary in consequence OF the
captures OF our squadron IN the Pacific la these capac
ties Mr.. Cotton continued 10 at Monterey between
two and three years HIS services important, and
rendered necessary by the peculiar situation OF te
try and he exhibited through grea, fidelity add dlsn-
erestedness such not always found will state
one instance which may be rendered necessary 10 explain
tne phraseology OF the bill
While acting as judge of the admiralty court a
prizeship-the Admiltauce-was condemned and or.
dered to be sold He interested himself in behalf OF the
claimant IN the United States prevent sacrifice OF the
property. He perceived that the ship and caigo
about TO be sacrificed that the only bona de bid he
could accept was but S32 600. Thee nominal bid
upon conditions that were inaimssabe, Tor $4,000,
possible TO be accepted. To prevent tins sacrifice,
he procured an agent TO 60 forward and bid off the ship
and cargo. The agent bld Sol 900 The ship and cargo
were struck oil TO him al that price, and he assumed
thereby the liability To pay that amount By a careful
and fortunate disposition OF the property MIR Cotton
able 10 realize and TO be paid into the treasury of
the United States the OF s574g7 90 alter salsty ing
certain pe-exsiDg liens on The property He thus deposit
ted IN The public treasury. and above the amount that
would have beea realized under the bid sol 900, the
SUN that proposed TO be paid hun By the bill reported
Tor his relief He did this ead OF retaining the sum-
as he mlgu have DONE his hands, under the ex
pectaoD that tue Treasury Department would be able
his ARRIVAL IN w ashingon, to make such settlement
would be proper, and allow him tair compensation for
his great expenses, incurred exercising the peculiar
trusts that were placed upon him at Monterey He de-
sued nothing more.
But the Secretary OF the Treasury unable to do
this alter the money had gone into the treasury and thus
the petitioner thrown upon Congress for relief In the
case TO which have referred, that this merilo.
ous and faithful public servant saved to the governnen nj
the difference between the offer OF S32 900 and amount
OF the sale al S67,4g7 90 and refusing to retain any
thing IN his pocket, even the surplus beyond his
own bid which he might have done, he preferred to come
with clean hands, let the government make lust al
lovance for his expenditures at Monterey As lie says
the difference 10 the treasury between the bid and the
depose would do this the committee reported that
II must be recoleced that, while aching at Monterey as
alcalde his expenses were necessarily very great; that
he was ordered by superior authority incur them
these services necessary and beneficial aud that so
faithful and scrupulous public servant ought not to
have thrown upon bm the expenses incurred Tor the gov
eminent, under the peculiar circumstances OF the
The Committee on the Judiciary were unanimously OF
the opinion that the bill ought to pass.
Mr. fOoTE. trust that my friend from Maine will