The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-23

ter legislae upon The remedy for the present BY which
we can reclaim fugitive slaves. And when that bill
shall have passed and is law, the senator from Ma
ryland can Introduce his proposition separate
il upon lis own merits, 81 against il upon lis demsr
its, and VIII have no Influence upon the remedy that
we are now endeavorng TO perfect.
Since the suggestions which made yesterday, have
conversed with gentlemen and from that conyersa-
non sppehend that the bill introduced By the senator
frQm vrxna and which will vote for II The substitute
which shall offer is rejected, claims number OF things
which we cannot obtain. ! have therefore produced
s'ncs yesterday evening by taking the work OF The sena
from il, BY taxing The ' work Of the Committee Of Th
teen, and appropratng from that as Ter as could ana
then adding little Of my own work. have produced
bill which wish 70 offer substitute for that before
the Senate wish explain the different parts of this
substitute and then offer il and i il be the pleasure Of
that be printed 80 that may be bough under conslde
ration along with that which have under con
sideraton When shall have done that, have finished
The first section Of my bill is to the effect that the
commissioners who have been appointed, or may be
who in virtue OF their appointments, made justices OF
the peace to execute the 33d section OF the judiciary act OF
1882 with reference TO all criminal matters in which the
government is concerned be vested with the authority,
powers, and duties conferred by the of 1893 upon the
Judges and magistrates named in that act.
Now, sir, the effect OF this is, to Substitute commission.
ers made justices OF the peace, appointed under federal
authority, In the room and place OF the State magistrates
provided for in the act OF 1893, who now prohibited
Will perceive, il they look at he first section which j
have introduced, that only propose 10 devolve upon
these commssionesthe federal justices OF the peace
the same powers and duties which the ACT OF 1898 gave
to the Judges and State magistrates mentioned in that
act We therefore thus get clear OF that portion OF the
decision in the Of Prigg and the Commonwealth Of
Pennsylvania, and of that State legislation which de-
cares that those Stale magistrates shall no longer exc
cute that law.
then provide, sir that the superior Of the diff
ferent Territories shall be permitted to appoint comms
.oners in the same manner as the circuit courts Of the
United States are allowed TO appoint them. These com
mssoners when appointed by the superior courts OF the
Territories shall have the powers and duties as the
magistrates or justices OF the peace commissioners
appointed by the circuit courts of the United States pos
sess-the came powers and duties which were devoved
upon the State magistrates by the act OF 1893 IN this
way propose TO get an efficient set OF federal officers
To take the place OF the State officers provided Tor by
the act Of 1893
Havng got the basis of efficient action. by providing
the officers in the way have stated and giving them The
power and Jurisdiction which have stated, 60 TO
provide for their issuing the original process necessary TO
When Brought before Them allow them TO nyesrae
the case and to grant the certificate in they de-
liver the fugitive provided for BY the act OF 1898 then
insert clause Furnishing everybody who shall be guilty
Of contempt before those magistrates while in the dis
charge Of their functions, allowing such magistrates 10
prison the offender not exceeding twenty -four hours
reQuire the marshal TO whom the process is directed or
an especial Individual designated for that purpose, if no
marshal can be obtained, to attend this commissioner,
ana to aid IN the enforcement OF punshins il becomes
necessary TO lmprlson Tor contempt In this way pro-
pose to secure at these trials every decoun and freedom
IRON molestaton upon the part of nobs other ev-ds
posed persons Having done this, provide that cerf
cate shall be given by the commissioner justice
thonzng the taking Of the fugitive 10 the State whence
ne fled and also that that certificate and the proceedings
before the commissioner shall not be relied upon any
suit which the slave may hereafter institute for his free
dom. | do not believe that these proceedings would
operate barrier any whatsoever, any suit
which might be instituted by the slave in the Stale TO
which he is carried for the recovery of his freedom.
have no idea, II there such provisions have
alluded to- that they could have any such effect But
have introduced the enactment which have stated for
The purpose OF giving satisfaction TO those who may be
apprehensye that this certificate and those proceedings
may have such an effect ] believe they would have
none; but am perfectly willing 10 place the whole mat
ter beyond doubt and to provide upon the lace of the bill
that they shall have
i have then taken the two sections reported by the
Committee oil Thirteen. look upon that which provides
for the making up OF record in the State from which the
fugitive escapes and giving 10 that record, when made
up the force of conclusive evidence before the commits
soner OF the fact that the service due the party
claiming and likewise that the person described in the
record is fugtveI look upon that record, thus made
up as matter OF great value TO the person IN pursuit OF
fugitive slave With these provisions of that section
adopted BY the Committee OF Thirteen. the only question
which the commissioner magistrate will have 10 try
will be the identity of the individual mentioned in the
RECOMMENDING more. The fact will be conclusvey
tabllshed according 10 the section reported by The Com
mee OF Thirteen, by the record, that the claimant lost
slave; that the slave was named b was OF such an
age and oil such description and then, when the arrest
made OF the person IN the State 10 which the fugitive
may have escaped toe only question TO be decided is
whether The individual arrested and brought before the
magistrate the commissioner the Identical person
mentioned in ths record II that fact is established, the
magistrate commissioner has nothing do but to write
certificate authorizing his the State whence he
Ned. look upon that Offering great facilities the
people whom represent in the recovery OF their fugi
tives
have also taken the section reported by the Commit
Zee OF Thirteen, which provides that the shall give
bond In case the slave requires IT, that hen h. returns
home he will take him 10 the OF the county where
he resides, and there give him opportunity OF asserting
his freedom by jury trial Now, am already advised BY
the honorable senator from Virginia Alr MAsosl that
he will not vote for that provision regret that very
much, sur retain II more to crafty those with whom |
have convesed, and those who constituted the Commit
tee Of Thirteen who reported II, than from any
tlon OF my own of lis benefit injury TO anybody
think II will be OF great advantage disadvantage,
because the bond s TO be given without security But
do not object TO it, because is nothing than simple
justice that the slave shall have right to assert his free
dom before the court that allow The court Judge
at all events OF the proprety OF giving him trial OF the
right II is proper for me TO state that in my
States. no one held IN custody slave can visit a
lawyer and present anything like plausible clam to
freedom without being put in the way TO institute a
suit, without fear or favor, 10 try hrs r9ht The courts
enable him TO prosecute his claim formd pduperg III
northern gentlemen entertain any such idea do
not allow any who is held a slave TO assert a
claim 10 freedom that crcumstanced among us
has any diligently m procuring professional aid without
charge, will say TO them that they do understand
our habits or sentiments. have never known OF
REFUSAL where there the slightest chance OF
any objection requiring the master to agree to do
that which the slave would be able ID do for himself by
merely visiting lawyer independent OF any requirement
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