The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-19
THE UNION.


will make claim only in just case The only use Of
bond j. where dishonest man for kidnapping
purposes and the bond III such man, without secn-
MY, will be OF little worth SO that hold that the rights
OF the negro not much better secured With the bond
than withoutt But il the black be free his dsad
yaDtages the claimant may take him TO distant State.
ard then call upon him thousand miles away from bus
Ia such cases he would be without means and without
ability TO procure his evidence The same objection
does not lie TO master prosecuting IN another lvfsic
prosecute fully his rights Permit TO call the attention
four southern friends 10 the facf that the legislation OF
both the North and the South this subject has been
based much the views and sentiments OF the section
where the legislation has aken place. The South itself
has directly overiddsn the constitution upon this very
point otfugtive negroes have looked into the statute
books 81 half dozen slave States, and find they
have all egsated without the slightest regard TO this
provision Of The constitution And venture to say that
i be executed in few of the southern States
You have IN all your southern States provisions on the
subject OF runaway negroes, covering all cases OF run
who come nom out Of the State These negroes are taken
up, put into jail advertised, and within certain me
unless claimed by their masters they Sold and after
deducting expenses costs and commission. the balance
Of the proceeds, il any, is deposited for the use OF the
master when he shall make his claim In the State Of
Maryland the sale OF the runaway was made IN lille
over ninety days ~ In the State OF Mississippi, ~
Ia little six months; IN some other States, N
one year; and in a few OF them, in two years And
then after paying al expenses and commissions .ae
apply Tor il within given time This limitation OF time
exists in some Of the States though not in all. The
ss q aad wh %be
two years after the SALE the slave is gone forever
Mr., DAVIS, of Mississippi How SOL
/ MIR DAYTON. Because the statutes themselves by
express words vest good title in the purchaser at such
sale. This legislation directly dsregaris the constitution
in this particular. And was surprised TO lind tins llm
aton OF time within which the Master might apply Tor
the balance OF the proceeds Of the sale OF his own slave
Yet this is Let for illustration merely read from
the statutes OF Louisiana. Alter prescribing tnat the
alo hall h. al Erc hal m
And tad produce thus delivered the OF the
Territory shall be kept for the use Of the owner Of the said
slave provided said money be claimed by the said owner
the said slave and said money shall not be claimed
within the ali Ne-menttoned ne ihsn said money shall
isiI 4 - i''''''' 4 Z, I ','' n ' ''
Now here is direct statute OF limitations against the
masters right These limitations cannot even CLAIM to
be necessary police awsnohng OF that kind requiring
that the shall forfeit his right within one or TWO
years What cry would DO raised y the Tree states
should limit the time within which the master might
come for his slave What an outrage the constitution
| it would be declared And yet sundry States Of the
South have in this way enacted statute q limitations
ton in reference the sentiment and views OF their own
people. You do not want runaway negroes among YOU
neither policy nor public sentiment VIII Justify 4 fou
seize upon them you sell them; you deposite the bal
OF proceeds for the benefit OF the master IN some
cases without and in other cases with a Limitation q
time in which he may apply And can II be compainen
Of in view OF these things that Of the North should
| in like manner ask in legislation some little compliance
with the views and sentiments there Can u Dc COM
planned OF that when you about 10 take man from
our soil, where, upon every legal principle ne - Tree,
you should at least give some evidence 70 our tribunals
% c you o Ss s
ments hold, with very great respect thai this amend
nent Of the committee is, N The first place. uncons'llu-
iiona; and il otherwise il is in the sacond place. un
just and too stringent be wise II you pass H. you
will simply increase the evaporation and excitement thai
have heretofore attended upon the recovery Of slaves
d. al. .tnE Tao an N
jec then ends with suggestion, upon which beg to
say word and then pass from this question OF ustlve
slaves After speaking of the bill for recapure OF fug
tive slaves, the report says
Bat IT. In tia practical Operations shall be found niii-
cen and no adequate remedy can DO devised Tor tha
restoration 10 thelr owners oil might've slaves ho oe
r hare ana iik TO indemnify out o. me treasury o. fas
/ wish the distinguished senator from Kentucky had
reasoned that position out in the report should like
very much to have upon paper the oil thought
10 say may not be all rights but, leg position,
struck with no little suprsea surprise greater even
than did the suggestion OF the honorable senator IRON
Virginia. Mr. MAsoN in the earlier stage OF the session,
when he said that unless eicacious remedy should
be devised, they would be compelled 10 resort 70 rePi-
sails That admit. had sort OF wild border justice 10
it, Whatever may have been its merits as legal doc
rne, there kind OF equity in thus visiting on the
delinquent State its sins-ts own injustice Had he
Creeks called aadroispsia--,he seizure Of men--he
would have had some precedence in the books
II commend this branch oil the doctrine TO his
consideration. IL is true the doctrine IS only APP
piled where the citizens OF State Illegally de-
ained by another; but If slave could only be recog
missed as citizen, "pro hdc rice" they might perhaps
seize free negro who is, in most OF the free States, Al
best but about half citizen, his stead Aieast that
the only branch Of the doctrine, far see. that will
in any shape apply to the But the suggestion int
report tbat there will be- Tor the want Of another remedy
right 10 indemnity out ol the federal treasury struck
me with surprise. Ii Pennsylvania and New Jer-
sey were the dcnqnents, you would make Louisiana
and Mississippi contribute 10 pay the damages. The
North would be the deinquens, and the South have 70
settle al least half the bill That is TO say, the central
government shall become the great underwrer, the
grand endorser for all the confederaed States OF Cue
Il Union.
II that il TO be the dsycrne. let Us look little abroad
and see TO what II will lead. II will carry lar beyond
the limited field before It will apply TO all other
kinds of constitutional duties and obligations. II you
can make the central government pay damages Tor the
Unconstitutional detention OF fugitive slave you can
make il pay damages for the unconstitutional detention oil
free negro (which, in view oil laws southern
statute books, il will be well enough TO look to- There
are many other provisions OF the constitution which will
likewise 10 10 be lQudaed 10 the same way BY tue
central government II you recognise the possiioa
no exactly where il will end Sir with all
respect, do not think tbs position as position oil con-
s,ituonal law, IL al all well taken now leave this
subject OF fugitive slaves with single remarka
mark which, perhaps should have made IN the con-
Il mencen,eni rather than
\ This amendment OF the committee % the bill Tor the
recapture OF fugitive slaves provides Tor the Tecapue o
slaves which escape from any State or Territory !
uses in that respect the language oil the act o 3d. Now
in the act OF 'e3, that language had an obvious meaning
because there were then Territories connected witWn'