Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24
RECAPTURE OF FUGITIVE SLAVES.
IL sEsArE, Aususr Is, 1850.

N
liz SENATE, AusUsr 10, 1850.
On motion Of Mr. MASON the Senate proceeded to the
of the special order Of the day, being bill
provide for the ectual execution of the third clause Of
the second section of the fourth article Of the Constitution Of
the United States.
Mr. MASON. The bill now before the Senate intro
duced by January last and referred to the Committee
on the Judiciary The committee reported the bill with
amendments which have been prRted and subsequent
day, after conference. with many gentlemen in favor of the
BILL amendment prepared varying the provisions OF
the original bill which laid upon the table and ordered
to be printed propose to offer that amendment with
some additions which have made to it. amendment to
and as substitute for the whole bill.
The PRESIDENT. The Chair viii inform the Senator
that numerous amendments have been offered The first
which up those reported by the committee, which
Mr. MASON. Those reported by the Committee Of Thir-
teen
The PRESIDENT. No, sir. The bill was reported
originally with amendments by the Committee the Judc
airy. Amendments afterwards reported by the Commit
tee of Thirteen but those first in order are the amendments
reported by the Judiciary Committee.
Mr.. MASON. Well sir, those amendments reported by
the Committee on the Judiciary amendments proposed
by me- which were adopted by the committee and they
with notifications. would inquire of the Chair,
therefore, what is the proper mode Of avoiding for the present
the consideration Of the amendments proposed by the COM
mttee .8Nes8
cary were then rejected.
Mr.. MASON. Propose now to anepd the bill by offer
ing substitute for the whole BILL which embraces the amend
which laid the table on the 3st January 1850
It also embraces the amendments reported by the Judiciary
Committee which have just been rejected with some mod6
cations. have likewise adopted with some modification,
amendment proposed by the Committee Of Thirteen.
Mr. DAYTON. propose at some time to offer an amend
ent which hold in my hand and do not wish TO be pre-
cuded from the opportunity Of offering by any action the
amendment now proposed by the Senator from Virginia
The PRESIDENT. II is in order to propose to
amend the amendment Of the Senator from Virginia.
Mr.. DAYTON. Propose then to amend the amendment
Of the Senator from Virginia by striking all ater the
acting clause and inserting what send to the Char.
Mr.. CASS desire to inquire in what situation, and in
what relation the two amendments reported by the Com
promise Committee this subject I
The PRESIDENT. The Chair does not understand the
Senator.
Mr. CAss. wish to know whether they have any rell
ton to the subject now before the Senate.
Mr.. MASON. understand the Senator from Michigan
to inquire what disposition, any, has been made of tie
amendments reported by the Committee Of Thirteen. %
not understand that any action has been had upon them.
The PRESIDENT The Chair will state that thos
amendments brought to the view Of the Senate
They agreed upon by the committee to be offered AMI
subject to be offered by any Senator who pleases
otherwise they will not come up.
Mr.. CASS desire to offer them at the proper time.
Mr.. MASON. will state to the Senator that of the
amendments Of the Committee Of Thirteen have modified
and incorporated in this amendment The other relating
to jury trial in the place from whence the slave came, have
not touched.
Mr.. CASS When this subject was before the Compromise
Committee there general wish, and that fully
red that the main features Of the act Of 1898 upon this SUBJ
jec far they applicable should be preserved and
that such changes experience has shown be
fair and just enforcement Of the provisions Of the constu
ton for the surrender fugitive slaves, should be introduced
by way Of amendment That law approved by Washing
tom and has been in force for sixty years. and lays down.
among Others four general principles to which prepared
to adhere
l. The right of the master to arrest his fugitive slav,
wherever he may find him. II
o His duty carry him before magistrate in the Sae
where he is arrested that the claim may be adudged by him.
g. The duty Of the magistrate to examine the claim and
to decide il, like other examining magistrates, without u
and then to commit him to the custody of the master
4. The right of the master then to the slave to
his residence
AT the time this law passed every justice of the peace
throughout the Union required the duties under
Since then, all know, the Supreme Court has de-
cded that justices Of the peace cannot be called upon to
this law and the consequence is that they have almost
every where refused to do The master seeking his slave
found his remedy good at the time, but very in
eectual and this defect is that imperiously requires
remedy. And this remedy am willing provide fairly and
honestly, and to make such other provisions may proper
and necessary But desire for myself that the original act
should remain upon the statute book and that the changes
shown to be necessary should be made BY way Of amend
ment.
Mr.. DAYTON. My amendment puts It in that shape.
to say only much may be necessary to call
the attention Of the Senate to what this amendment is
have neither the disposition the health to speak upon
this subject now, and said pretty much all that desire
to say at earlier stage in this debate. The amend
ment which have just offered is amendment which
laid upon the table time since by the Senator from
Massachusetts, no longer occupying seat in this body, M
WEBsrEn) 1t incorporates, the Senate will remember,
views which suggested at very early stage this
sion. II meets the objection of the Senator from Michigan.
It is amendment to the act Of 793 and after the adoption
of this amendment it shall be adopted il will be necessary
change the title merely to make amendaory to the act
Of 1898.
This amendment prepared, the Senator who laid it
upon your table stated the me upon full consultation with
high judicial authorywh that authority, indeed, who has
had experience of this kind and likewise with
high professional consultation The amendment proposes to
remedy the evil occasioned by the decision Of the Supreme
Court in the case Of "he Commonwealth Of Pennsylvania
Pgg" After that decision Of the Supreme Court,
dry Of the States Of the Union passed laws prohibiting their
executive or judicial officers from interfering carry out the
law Of Congress Ile therefore, the Federal Government,
to very considerable extent without adequate judicial
thory to carry into effect the act of 1893 took away from
them the several State magistrates who had been relied upon
That substantially the change created by that decision in
the Of the Commonwealth Of Pennsylvania Prigg"
Il occasioned evil which subsequently complained Of
amendment comes in and proposes to remedy that evil
by authorizing the Federal authority appoint mere
commissioners in each county, and gives them authority to
carry the act Of 1893 into effect It goes further how
and authorizes the commissioners in the event Of the
fugitive, after being duly cautioned making oath that he does
not service to the plaintiff issue cenre and call
jury, which shall try that question: and the certificate of that
commissioner based upon the finding Of that jury shall be
| conclusive, and finally settle the matter
hiatt in