The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-28

with their prevailing views and principles adverse 10
slavery But 10 these the jury at gave back
the fugyes 10 the claimant and they taken of to
the State OF Maryland The third occurred in the
town of Princeton; and in that the had been
living in the town as free man for time before
The master made his claim bat not being then ready for
trial, the slave was committed 10 the county Jail OF Mer
GER 70 await the day named for hearing The day came
and the case was tried; and although there much
sympathy Tor the black, the jury ratified the claim OF the
MASTER Some benevolent person or persons at ad
vanced five hundred dollars, he price at which his
that he isnsw living in that town ireehoder, and
has refunded, am told, voluntarily, the whole
large part Of his purchase money
In view OF these facts, II be justly said that this
trial by jury lusion and no remedy for the grievance
alleged The history OF the have referred TO repes
that idea; and repeat again that il is ihousandfold
better tribunal than any which you may compose by petty
commissioners Jures will take responsibilities, acting
under the immediate obligation Of their oaths, which no
single individual unless Of high judicial position and
character dare incur They better for the MASTER il
not for the slave II they disagree (Which will not happen
one time in fity3 summon another at once ask any
gentleman IN the chamber to name one single case where
they have failed in their duty
Mr.. BUTLER Suppose The twelve jurors should hold
the opinions Of the senator from New York. what would
Mi. DAYTON ! would ask the honorable senator if
that is fair suppoabs CASE Is not against all proba
BaES a. r P.a aea g can j. III.
teme notions which have taken possession Of the head
Of our friend from South Carolina He thinks ii probable
North might all concur in the peculiar opinions ex.
pressed as he thinks by the senator from New York
Mr.. SEWARD. What peculiar views have ad-
vanced on this point Will the senator ask
Mr.. DAYTON. Oh, no; do not mean in this way to
be pressed in between the two gentlemen, third OBJ
ect to be cut between the paris Of scissors. Laugh
teri They must settle the matter for themselves and
upon themselves have said what intended upon the
subject Of the fugitive slave BILL But before leaving the
H~usro - a.. tba
Legislation Of my State. feel that injustice has
been done to New Jersey, although know entirely
Intentional BY the report Of the senator from South Car.
oina MIR. BUTLER My attention was not called to
this until some short time since; but find that in
port which the honorable senator made at the last
of Congress- and OF which ten thousand copies
then published and ten thousand have again been pub.
shed this session. he refers TO the legislation OF several
OF the northern States. and TO Pennsylvania in particular
not by way oil inyldous comparison, but because there
had been solemn decision upon her acts He says:
1--WE refer law of Pennsylvania passed In 1926 II
may be remarked here that New Jersey Connecticut
sachuets, and several other States, had laws going be-
The fst section Of that act provides that II any person
shal by force and yolence take and carry away shall
TO be taken and carried away, shall. by irand and
false petence seduce, cause be seduced shall
maato from any pari oshs, With de-
sgn Of selling and dsposng Of causing 10 be sod Of
tained such negro mulato, slave or servan,
e, or Tor term whatsoever, every such person. by
aiding and abeitng, &c., SHALL conviction thereof be
deemed guilty OF felony, aud shall torfeit,'" &c.
The report also refers the acts of Massachusetts
and Rhode lsland prohibiting their State magistrates
from taking any cogn'zance OF cases under the act Of
Congress Of 1899 making it penal offence, and denying
the use OF the jas and other buildings belonging the
State, for The detention OF fugitive slaves.
Inc rst ten thousand copies OF the report said these
laws last named in force in all the northern and
eastern States the last ten thousand say many, only
These last acts were realatory suppose on the legis
TO colored seamen. But New Jersey has not now and
never has had,a law laws OF the description referred
to- The section Of the law under which Prigg in.
dicted Tor selzng and carrying slave Out of Pennsyva
MA in itself something like section OF alaw exist
ing IN the State OF New Jersey, passed in 1920.
M Mr Bu av ylEK That Is the one aladed TO-
did not look at the law ITSELF and did not examine the
connexion OF the sections Had he done So he would
have seen that our act applied only to carrying sending,
Our act OF 1890 law Tor the gradual abolition OF
slavery in New Jersey. We had then about eight thou
sand slaves Immediately upon the passage OF that law
there was an inducement to- Shareholders to export their
slaves before the time round when they be
liberated and this section was passed with view to
prevent the expectation 10 the South of slaves
before the time came for their emancipation But for
this provision the whole object OF the law might have
been defeated To take, carry export sell for that
purpose, any slave out OF The State made misde
meanor, and the slave exported made by the
Tree. Surely, they did not 10 set free ugtives from
other States, The whole act shows that il was intended
that ITS operation should be confined TO slaves
and to prevent the fraudulent evasion OF law for their
emancipation As soon as final emancipation was con-
summaied, this act in New Jersey was repealed show
ing that had no application to fugiiiyes
Mr. BUTLER. Will the senator allow me TO say that
scrupulousy distinguished between the legislation be.
fore the decision in the Of Prgg Pennsylvania
and The laws passed afterwards and never suggested
that New Jersey had any laws like those OF Massachu
sets and Rhode Island before that time
| Mr. DAYTON. We'll, New Jersey has, in my judg-
ment, had none such since The legislature OF the State
subsequent well before that decision OF the court
in ls42 made il the duty OF the magistrates and
i've officers Of that State The surrender OF IA.
gnves under the forms Of our own laws They aciu-
ally made this their duty, and made il a misdemeanor
upon them TO refuse 10 perform il and that is the law in
New Jersey now They have also given 10 the owners
OF fugves the use OF ias when they ready
for trial and in the last clause OF the which passed
In 1896 there Is express reference to rights under the
act OF Congress New Jersey has given right to either
party, as before said. to call jury and wise law it is
the legislation OF New Jersey which brings her fairly
within the scope OF the senator's condemnation II Is
repugnant TO the feelings Of citizens deliver up fu
gtives admit that ~
| Mr. SEWARD. I am glad TO hear you say So
Mr.. DAYTON There Ia no doubt about il; but still
give lar hearing and Il be proven that the fugitive is
slave and the claimant his owner, il will be done
Our people are a lawloving and aw-abidng people,
and will not uampe the constitution OF the country I'M
der foot. But doubly bound, not by loyalty as
eitzen only but by an oath TO support the constitution
VIII not HESITATE therefore, 10 vote for law proper in
hs CHARACTER Tor The purpose OF carrying effect this
provision oil the constitution But SIR ue are perhaps
better Judges OF what that law should be than our friends
oil The South we know what the feelings OF our people
psh the purposes OF that provision OF the Constitution
thus dispose, Mr. President Of the two matters Of prac-
teal legislation which are before the Senate
there has been much said, in the course OF this