The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-21
THE UNION.

Is a I
aseerlainand venture 10 say that since the enactment
oil the law OF 1891. would almost make the broad
non that there Is not single case in which The owner
has pursued one as fugitive, and reclaimed him. which
was not bis own slave, the slave OF his principal
Now SIR that is broad assertion; but do not know OF
a singl case.
Mr. DAYTON, If the honorable senator will permit
me 10 interrupt him single moment suppose he will
admit at all events, that great many owners call
them owners e. cratic. have pursued slaves into the
Tree States, and claimed them and have not got them.
Mr.. BUTLER Oh, yes! No doubt OF that Laugh
MIR. DAYTON Very well suppose that when the
judicial officer finds that the not the slave OF him
who claims him, the claim, iudcially considered IL
false one. Now that is the only mode in which we can
find out how this matter really stands.
Mr.. BUTLER. That is what have already alleged,
and doubt very much whether claim OF this KIND, II
preferred, would be sanctioned As regards jury, how
ever | think that generally they would do what
right Bat when there is occasion for jury. can
no necessity for IT, never could the necessity OF
having ures upon cases OF this kind did not rise for
the discussion OF this matter
Mr.. WALES. would state to the senator from South
Carolina that within year, or year and half there
have been cases-one 10 my knowedge--in which per-
sons have pursued. who were not the owners OF the
slaves, and attempted to capture them, and take them
away by force. | understood the senator from South
Carolina to make the broad allegation that there had been
no Instances OF any slave being pursued and claimed as
fugitive by those who not the owners.
Mr., BUTLER. Lonly say that while | was inyestiga-
osy, and know that found no instance where per-
son had been claimed property wben in fact he was
not so There have been many cases ~ which the claim
has been denied and conroyered Persons, too, have
gone and claimed slaves for themselves when in fact,
they were not the true owners. But should like to
know whether there has been an instance where free
man has been claimed as a slave
Now, sir, permit to say that the institution OF master
and slave not understood in the free States II is sup
posed that II is entirely absolute 1t is not so. know
many in which by bequest slaves given to
son. to be used In particular way. know IN great
many cases--more commonly OF mlsresses than mas
ters--where slaves are given to one child. with di-
ructt ha 1aal "a
subjected t. hard labor, for instance
Mr. DAVIS, of Mississippi, lin his seat) Orto be put
Mr. BUTLER Now, under these circumstances, this
would be the processthis would be the way OF arguing
the matter The slave-or suppose he would be con-
sldered free before the courwonld say, 81 am not
slave swear am slave" Very well the owner
forward and says "Here is the will by which he
beqnealhed TO me"-lhus showing that he was
slave. The slave says, 81 only slave upon the
understanding that was not to be worked" And an
swer for il, that with such jury might be organized
under the provisions of this amendment, he would be
discharged.
And allow TO say thing-,hat this very thing OF
requiring jury in free State TO decide upon the relation
OF master and slave implies dsirust OF the judgment oil
jury in the slave Slate whence he made HIS escape
And do say that, far as can make a1y avowa this
as erroneous an impression as could be formed The
inference is entirely unjust. think can say gentle
upon this floor, that far regards OF posi-
ton and influence in the South they look down upon
kidnapper with more than any most any other
person. say that il any one in slave State
dertake TO get free negro into captivity, and make him
slave the negro would be discharged, and execraons
heaped upon the man who endeavored 10 make him a
habeds corpus there granted easily in free State
A trial by jury would be granted to prove his being
free man But this thing OF a trial by jury in free
State 10 try question of this kind implies that it would
not be fairly tried slave State whence the slave made
his escape Now this is entirely unjust say that there
is no necessity of having trial by Jury in Tree State
there has been OF man undertaking 10 claim
person who not a slave, as far as know.
MIR. WALKER. The inquiry of the senator from
South Carolina is an INT eresng one, and II may be well
Tor those whose memories serve them upon this subject
TO give what instances IN answer 10 II they can re-
member readng very few years since, OF rather cee-
bated which TRANSFERRED the State OF Pennsy wanna
person pursued slave from the State of Maryland,
believe II young female, and she caught in
the State of Pennsylvania His claim was tisated, and
the gr was not discharged until after three days nvest
CATION before court OF Pennsylvania, when was ascer-
tanned that she OF poor Irish parents, who had been
short time in the country and her mother had died in the
hospital at Baltimore. That is
Mr.. BUTLER, lin bis seat) Was she white
Mr.. WALKER Yes, sir; she was white wo-
Mr.. BUTLER, lin his seat) am sorry for her
Mr. WALKER continued Another case involving this
principle have all read since the commencement of
this session OF Congress 1t this: The estate OF
deceased person in the city OF New Orleans about to
be sold and when the slaves put upon the stand,
after some OF them had been soId the bystanders
shocked by the appearance upon the stand OF one who
seemed to be very pretty white girl She was about TO
bo sold but the kind citizens of New Orleans interfered
ip.y TAKEN lfohl Tue nanus OF auCtoneeT,
and an investigation instued and these facts, so lar
AS they were reported at the tme given that she
was an orphan chd, taken by the owner OF the slaves
he being al the time IN good clrcunstancewlth view
10 educate her His circumstances changed he became
poor: the child neglected, and her associates
the slaves about the house and premises OF the who
had taken her. Upon his death she found among
The slaves and brought up with the resi- to be sold
The conclusion upon the subject which | saw and
which probably every senator has seen since the CON-
mencement OF the session, that the matter would be
investigated by suit at law, 10 ascertain whether she
free or slave.
Here Is a in a slavehoding Stale which involves
the principle There was no attempt 10 kidnap, il is
true but the danger of persons falling within the
category of slaves who really not slaves
When mentioned the case in Pennsylvania, the sena.
tor IRON South Carolina turned 10 and asked II she
was white glrl and when answered "yes," it seemed
TO excite great deal ot mrth upon the part OF the
tor. She might have been AS white, so far actual
color Is concerned, either he myself-though the
senator from South Carolina is very white man-and
yet she might have had African blood in het and have
been slave by the laws OF Maryland, ! mention it as
a case where there was mistake IN the matter, where
she was not slave and had BEEN but where she
originated from Irish parents, and her mother, said,
bad died IN hospital in Baltimore This is the very class
OF cases where the personal appearance is that OF white
man white woman, where injustice is least likely TO
be done either 10 the person alleged to be slave TO the
owner who claims him as slave. | DO not why II
should have excited much mrh that she was, point
OF fact white woman. We great many notices
OF runaway slaves in which the caution is given to the
public and 10 those to whom the reward offered for the
return of the slave, that the individual so white
that Il 10 very difficult 10 detect the African blood
mention this only instance falling within the in
curry OF The senator from South Carolina; and felt IL
my duty TO give all the information could OF cases
falling within this principle