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

IN applying this TO the marshal than to sheds in the
dnaIy execution OF their duty Ii has been suggested by
my friend from Tennessee, Mr.. BrLL,l Immediately
before me, thai any special OF hardship arises, il
perfectly easy Tor us to relieve the officer o the evils
and burden which my friend from Georgia lMr DAWSON
thinks ought 10 rest upon the United States You may
depend upon IT, II you do not make the marshal respon
sble, ii you make the United States answer for the de.
faults of The marshal you will have plenty Of defaults
But II the marshal is held responsible his duties will be
promptly and efficiently discharged When particular
cases OF hardship occur, let the officer come here and
show himself innocent and he will be discharged |
think therefore, the amendment is better in lis present
sate.
The question being taken, the amendment to the
anne ndment was agreed to-
Mr. BRADBURY moved to amend the amendment Of
lered by The senator from Kentucky, [Mr Underwood
in the 22d line OF The 5lh section, by striking out the
words ''lu and conclusive and inserting in lieu there
MI BADGER Will the senator allow me to suggest
different phrase-"compeent and sufficient p
Mr. BRADBURY That is precisely what is ex-
pressed in the legal phrase "prinia taeie.'
Mr. BADGER ! am not exactly certain OF that,
Mr.. BRADBURY. The language OF the amendment
will explain itself; and its meaning will be easily per.
celyed il The amendment is adopted.
4 lie amendment was agreed to-
Mr. MANGUM. Mr. President hope ] shall have
the unanimous consent oI the Senate To suspend bus
ness 10 reference 10 HE bill now before them, that may
make avery interesting motion. The motion propose
10 make, II there be objection, that when the Sen
ate adjourn it will be until Monday next II that
tlon Is entertained with the unanimous consent OF the
Senate, tnlnk We shall pass the bill very soon
Mr. BRADBURY. do not object TO the motion be-
ing but, but was in hopes thai we might occupy TO-
morrow in in the transaction OF executive business
! MI HOUSTON ! object, Mr.. President. most posi-
lively and unequvncaly 10 the motion.
The PRESIDENT then stated the question on the
amendment offered BY the senator from Kentucky TO the
| proposition OF the senator from pnglnia.
i Mr.. MASON. The amendment OF the senator from
Kentucky, which mas been offered substitute for my
proposition, believe has been just amended by a
vote OF the Senate, 10 make the record which is to
be taken of the escape of the fugitive prima face only
and not conclusive and besides that, it contains pro-
vision requiring OF The claimant 10 give bond on cond
on that The fugitive shall be detained and carried before
the court of The county in the Stale from which he
capes Now, tha, latter provision II raa'ned will GER
tanly debaT me from voting for the amendment have
said already, and repeat H. II the Senate REJECTS the
amendment OF the senator from Kentucky, will cheer
iny, II he desires accept the frs three sections OF his
bull IN lieu OF the irst section have offered Further
than that cannot 20.
In conclusion Mr.. NJ. demanded The yeas and nays
on the amendment, which were ordered, and being
iaken, the yeas were IA, nays %, as follows:
YEAS-Messrs Bradbury. Clarke Coopo., d ,vis Of
Massachusetts, Dayton, Dodge oi Wisconsin, Greene
Shield, Spruauce, Surgeon Underwood, Wales, Walker
NAYs-Mes.rs Atehtson, Badser, Barnweli, Bell, Ber-
iowa, Dow" Foe " Houston ans Ioaos kas St u"
Yu.e-22
So the proposition submitted by MI. UNDERWOOD as a
substitute for thai of the senator from Virginia Mr.
MASoSl rejected.
The PRESIDENT The question recurs on the
amendment OF the senator from Virginia
| Mir. MASON. | now propose, a, the suggestion Of
several senator's and in pursuance OF what said before
the vote was taken TO strike out the first section Of the
anne ndnent before the Senate down to the word The,
the 23d line, aud 10 substitute the rr three sections
Of the amendment OF the senator from Kentucky.
/ The motion was agreed TO-
! Mr.. MASON. The resi- Of the first section viii con.
stilute new section which move to have commence
with the words
The commissioners above named shall have concurrent
us sdicoa wih the judges OF he circuit and district courts
Of the Uned Safes No That viii eonsute the onnh
section,
| Iils amendment was also agreed 10.
| Mr.. MASON then offered several verbal amendments
which were agreed 10.
| The question was then taken on Mr. MAsos's amend
ment II amended, and il was adopted.
The question was stated upon The engrossment OF the
/ bill
| Mr.. DAVIS, Of Massachusetts, moved TO amend the
bill by adding the following as an additional section
SEc = And BE- Il fsrfhr enacted, That If any riner
other free cuOred person arriving 0oard Of vessel
In any por place Of tho United States, shall be nps
oned Or deprived ot bis bsry without any alleged crime
offence against law Il; shal such ue duty Of
the dtsuiet Attorney OF the Uncd States within and iof
the di'trc where such imprisonment or deeuton may
occur, any such person imprisoned or seancd
to be brought 10y wri OF habsas eo bcore The crcuit
district Judge o such districts and u shall be the duty Of the
judge beioe whom any such person brought nquioe
uto aud decide whether such impn sonmeut detelio
IS Siu aud II lac hud the bo ublawtu he shall
thefeupoa discharge from custody any such person. And
and proceeding tue shall when the same ap.
proved by the judge heaiins the case be paid by the
Uned States, 10 the manner similar charges
now allowed IN criminal prosecutions
| Mr. DAVIS, of Massachusetts have been desrous
that the bill should be mauted 10 take the form in
which will be submitted for votes, before should
offer the proposition which has Just been read This
amendment speaks for ITSELF and shows pretty distinctly
what the object No modification OF the bill is pro-
posed, but distinct matter making another section Sew
efa o lhe southern States which slavery exists have
enacted laws by which they authorize officers OF their
oTn whenever vessel arrives from without any such
Sate 10 visit her, and TO lake into custody such Tree
coofed perrons are found on board mariners or
otherwise, and commit them 10 prison. where they 10
remain while the vessel lies in port The colored por
ton OF the thus taken away and the master IS
required to pay the expenses OF detention ii prison be-
fore they are restored Thus has the OF very
serious complaint, both on the part OF those who
thus confined and OF the nayIgaiofs who employ them,
aud representations ol the abuse have been frequently
made to the government OF Massachusetts, asking for
the interference OF that State lar protect them
a. anst this aggression ther rights. In order TO show
The true stale oil this question, and the necessity for
provision on the part o Congress, must enter into
bret xlanalion ot what has occurred between the Com.
monweaIlh OF Massachusetts and South Carolina. Yes
sells from Massachusetts, in the prosecution OF ordinary
commercial business visited the port o Charleston, ~
South Carolina, and the lice colored persons board
were under Lave OF this description, taken out and placed
in confinement there. The legislature OF Massachusetts,
listened TO the complaints, and deemed IT to be their
duty to make provision TO bring the question
which existed between the States TO an issue IN the courts
OF justice. The question at issue was this The State
OF Massachusetts admits this class of persons 10 be c
zeDs OF the Commonwealth They are treated as such,
have the right OF voting, and all the other rights OF clt
zenshp. South Carolina denies that they citizens OF
that State, and this POUNDS right seize and pun
ish them without any allegation OF crime misconduct
The constitution oil the United States declares that the
citizens OF each State shall be entitled TO all the prvi-
leges and mmuntes OF citizens OF the several States
"A pf