The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25

lon
ssds arising from such hiring shall be paid into The
INV treasury Of the proper county for the Of snet
o or mulato, IA such manner as shall be directed by
board o county commissioners as Aforesaid.
- should any person persons knowingly engage,
ne harbor, such negro OF maiato, hereafter coming
ppg brought into this Territory without such colored
on OF persons offending. shall pay fine OF not less
dive more Than hundred dollars, 10 be recov-
4 Nv piesentnent or indictment
That the right OF any persoA or persons 10 pass
NIGH ibis Territory with his her, their negroes or
oes servant servants, when emgratin OF ira vel.
N any other STATE or Territory, country, or on a
n Il hereby declared and secured
M 8 Thai IN case any person persons his or their
nd o. agents, claiming any black OF muatto person
h i hereafter may be IN this Territory, shall apply
Judge of the district eour, or justice Of the pence, and
III make Satisfactory proof that such black mulao
son or persons is the properly OF him or her who
niles for whom application Is made the said Judge or
5ce is hereby empowered and required by his precept
direct the sheriff constable arest such black or
ulallo person or persons and deliver the 10 the
amanl claimants, h,s OF their agent agents, for
tnpensation as they are entitled TO receive In other
similar services.
respective counties 70 prosecute all violations of this
when hereunto required and they shall be entitled
same ompensaton Ia the provided tor in other
es Of offence against the laws OF this Territory
Now Mr. President that was the law of the Territory
n Iowa. enacted while we were a Territory and that is
" law OF the State OF Iowa now And what is the
|actee We have some three or four hundred miles
coleImnous boundary with the State of Missouri
egoes have often escaped from the State OF Missouri
have had occasion before to mention and never in
h ge instance, in which the parties to whom they
onged have brought suit have the courts and nres Of
kwa failed to give damages against those who have
|arpoed or secreed them and in recent very
kge verdict amounting 10 $4,000, was given against
[ies who were charged with haboring fugitive slaves.
As 70 this free negro and fugitive slave convention in
Jew York, undertake to say that the great body of cit
|ens OF New York in The vicinity look upon with that
liter contempt with which such proceeding deserves
I regarded. Why, sir, we might as well aTagn the
ae OF Florida or some other State, and hold il up TO the
trobaon OF public opinion, and defying the laws of
be country, because OF The participation OF some of lis
lizene IN the recent expedition against Cuba, We
night just as we'll reproach any State for amy proceeding
within It's borders, in which the great mass OF the COM
unity did not participate al all TO reproach the north
m States with these assemblages OF free negroes or
TIERS who do enlist the sympahes receive the
OF the people at large. Western New York
IS always been famous for its "sms.' Morganism,
and God knows how many other 'isms'
sprung up in that section OF the country, and have
I'd their day. This abotonisn has existed in western
ew York and through the State of Ohio perhaps 10
eater extent than anywhere else; but there the
al amount OF the feeling amounts TO nothing compared
lh the feeling which is the other way The great body
the people OF the North are entirely sound upon this
inject, and determined to discharge their constitutional
ntes. So far my State is concerned. its laws and its
onduct speak language upon the subject that cannot be
Mr. CHASE desire merely 10 recall the Senate to the
sal question under consideration The remarks and
OF the senator from Florida, MIR. YULEE, and the
Nv OF Iowa read by Mr. DoDcE, are equally wide from
simple question which is before us; which is whether
this bill for the recapue OF fugitive slaves, we will
rovde Tor the recapsre OF such persons, when they
ball have escaped into one OF the Territories OF The Uni
ed States ,e4ea a...
The question being then taken upon Mr. CHAsE's
mendment, II was reeced-yea l. nays las follows
YEA-Mr. Chase.
NAYs-Messrs. Atchson, Badger, Baldwin. Barnwel,
BELL Berrien, Bradbury, Butler, Cass Catke, Cooper,
JAWS OF Ma.sacLu sets, Davis of Mississippi Dawson,
ireene, Hamn, Houston, Hunter, Jones, King, Man
pm, Mason, PeaIce. kask sebastian. Shields Smi,h'
Walker Whcomb, Winthrop, ana Yuee-4l
Mr.. UNDERWOOD When the senator from Ohio
Mr., CHAsEl moved his amendment TO strike out the
vod mag slrates," stated TO him that would make no
bection TO that amendment but since that time friend
the BILL (and doubt whether shall be able conci-
lie the senator from Ohio at any rae,) the honorable
enator from Michigan over the way, Mr.. CAss] has
minated to me that he has an objection 10 striking out
hat word magistrates, and has suggested to me the idea
81 moving 10 reconsider that vote. will remark that
portion Of the magistrates appointed by the States
yet execute the law OF l793 and only those who are pro-
lbed By State legislation based on the decision OF the
supreme Court, are prevented from executing IL and as
his portion OF The act OF 1898 is descriptive OF the pow
which give to commissioners, II certainly cannot
any harm 10 retain it by way OF reference AS II is
heefore, duty which owe 10 the senator from Mchl-
an and understanding that cannot move to amend IN
be house, move now TO reconsider that vote.
Mr. CASS. Mr. President, ! am DESTROYS that the
yod referred 10 should not be stricken from the bill and
imply for the that desire 10 stand, far as can
e Oh The act oil 1913 desire thai 'he powers gwen y
hese commissioners shall be not alone The powers which
we're conferred by that act tie judges of the district
md circuit courts oil the United States, but shall also be
he powers which conferred on magistrates by
bat act desire that the fact should appear Just "a II
vas The TACT is truly stated in the substitute bill The
CT of 1893 conferred certain powers magistrates AZ
veil judges. Nobody disputes that Subsequently
his power was taken from the magistrates Of some Of
Stat. H. R4.f a
ACT that of the State legislatures did this does no
rohbt the magistrates of other States from exercising
be powers conferred on them by the act oil 1893 trus
pa, the original phraseoogy will be retained and that the
notion to reconsider will prevail
Mr. CHASE. The reason why moved to strike ou
he term magistrates stated beQre. II because
he Supreme Court IN the which has been so often
eierred TO- has decided understand the matter that
be original nvestiiure OF this power upon the State
Magistrates unconstitutional BY retaining the pro
1son in this bill, there IS an implication that II may
qoperly exist That is all have 10 say. | may vote
lone again. although the Senate has stricken on
he term but ask the indulgence OF the ate when
all Tor the yeas and nays
Mr.. UNDERWOOD Not, | nope, on the question t.
Mr.. CHASE Withdraw the motion.
Mr. CASS I will suggest 10 the senator from Ohio
That very easy for bin TO obtain his object, and 10
me % obtain mine. II the Supreme Court have really de
,iaed That the conteuing OF these powers upon STAT
magistrates was unconstitutional our retaining the wot
an have no possible effect whatever. Bot DO not IN
Ter and that they have ever made any such decision
he Supreme Court has decided as understand u, tina
he State magistrates could be compelled 10 perform
he duties which were thus imposed upon them bu
never, so far aware, that they could not consttu
l0nslly perform them II becomes, therefore, entirely
ince ssary TO change the original form OF the bill.
The question being taken upon The motion TO recon
sider, II was agreed TO-
The question then REQUIRED upon striking from the ISL
line OF the 7lh sectsn the words "and magistrates .
upon which motion Mr., CHASE demanded the yeas an
nays, and they were ordered
TTp m coNTTNurn1