Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

do moi, for moment suppose that the fact Is so--hat
person Of color has been seized In the manner
and afterwards sold slave. And, furthermore, know OF
but very few in which persons have been detained in
confinement under the operation of the law to which the SEN
ator audes There may have been one or two cases o.
cooed persons walking the streets under such circumstances
threaten danger the white population who may have
been detained in the manner spoken Of and kept 10 connne
until the vessel in which they came has sailed how
Of that kind may have happened do not know
nor about to discuss the wisdom OF that law.
have said that when free persons OF color 90 70 SCUM Os
lima they be assimilated to the status Of Tree persons
Of color in South Carolina, and nothing more 90 lar TO-
CARDS her own black population, who may become tree any
Of them should leave the State they cannot return without
penalties and do not know that the State OF Massacnuse.
ought to put in jeopardy the interests Of society - ooun
Carolina by Directing to the free persons Of color VINO may
temporarily be brought there being subjected TO the same sga
laons which the class Of persons are subjected 10
that State can assure the honorable Senator that that law
did not arise out Of any retaiatoy spirit ne
Northern population We had had in many instances mucn
Of anxiety and complimentary instances OF great
danger for the very rebellion which planned IN Cnarles
ton in 1882 by which the city was to be put 10 ana
the white Inhabitants to be put to the sword
with mulatto who cook board Northern vessel
and who had learned his lesson in school OF
and who then conceived project for the ne
slaves by this wholesale shedding OF blood Sir mere
higher law than this law have adverted to- the law
of self protection and you cannot lay down limits to It,
do not know what may have said in regard to tins law io
mery judicial magistrate; but the black COOKS ana
stewards and others coming 70 South Carolina 10 ne manner
alluded to- conduct themselves they ought TO DO WIZ an
that they will be either put into prison or
sold into slavery Indeed the law is rarely put into opera
on and yet it may be saluay law to be held N teoem
this class Of persons will answer for IT. however
in such has been supposed by the honorable
Senator from Massachusetts, the should make his escape
the owner would throw away good money after bad BY
going after him to claim him. He would be very safe if he
got back TO Massachusetts, suPposable case but
uIo that
such you egang for those which are never
likely to occur.
Mr.. CHASE. propose to vote for this amendment;
but it will not in my Judgment satisfy the people Of the free
States be taken for granted that but class
Of rights to be regarded at all in this conference.-the rights
Of masters Now sir lam Of those who believe that all the
duties which arise from the constitutions in regard to fugves
from labor devoves upon the States, and upon the States
exclusively. The Senator from Massachusetts,, WEB
sTER who originally introduced this amendment has said,
that his Judgment these clauses clauses Of compact
binding upon the State suppose that that true descrip
ton Of their character If that is the case, then, do not see
the from which Congress derives its OF egisa
ton upon this subject But Congress has the power il is
by implication from these clauses Of the compact and it to
be exercised with sound regard to the rights OF all
1t has been said that there danger to be spprehended
by free persons Of color from the operation of the act now
and we have been challenged to the production Of
case where claimants have kidnapped any one, have
claimed the possession Of any one when they were not en-
titled to his service In the section in which reside cases
persons supposed be Free and in certainly Free
have been Kidnapped and carried out Of the State by force
fraud without any process OF law Nor true, as seems
to be supposed by here that person charged with
this crime in Ohio, Indiana, who may escape into Ken
lucky will be delivered up upon the demand Of the Governor
Of Ohio under the clause of the constitution relating to fug
tives from justice. demand is not sufficient II Is
enough for officer from the State Of Ohio commissioned
by the Executive, to 60 into Kentucky and make demand
for the kdnapper He submit the charge the Exc
cutve Of Kentucky, who must refer the case TO judge and
if the evidence Of the crime is not satisfactory, he is not
surrendered.
Mr.. UNDERWOOD. The practice in my State is this
Whenever indictment found by sister State and is
brought into Kentucky is exhibited before the Gov
ernor, who makes out warrant mentioning IN It the finding
Of such Indictment and the identity Of the party the only
question which is investigated stated time ago, to the
Senate, and would state again to the Senator from Ohio,
that there exception which came to my knowledge,
and that the time that Mr. Stephens, member Of the
Kentucky Legislature, demanded kidnapper And
was question Of breach Of privilege and the Legislature
refused to surrender him the ground Of privilege But the
practice ordinarily in the way have stated This the
only exception to the rule know Of
Mr. CHASE. think if the honorable Senator from Ken
lucky will examine the statutes Of his State he will find
that he is in have looked into them, and quite
confident am correct.
Mr.. UNDERWOOD. recollec. no statutes the
subject.
book, although he may recoect it he will find that
there The fact is have stated 1t is but few
years since gentleman was authorized by the Governor Of
Ohio proceed into Kentucky for the purpose Of demanding
person charged with kidnapping from the capital of
State He went to the Governor who referred the whole
matter to judge-Judge Mason-wel known both to- the
Senator from Kentucky and myself and the Investigation
not to thedeny of the party, but to the kidnapping
The demand made under the law Of Congress but the
objection to surrender under act of the State Let
those who object to State legislation, in hindance Of the right
to reclaim ugives from SERVICE reform their laws in
regard to fugives from justice. But Mr. Presien did
not intend to 60 into this discussion II to very
clear that this nghf it be right under the constitution
to be placed upon the footing every other statutory
right 1t cannot safely be placed upon any other ground
Claims Of right in the services of individuals found under the
protection Of the laws of free State must be investigated in
the manner other claims Of right. the most ord
nary controversy involving acontested claim to twenty dollars
must be decided uy surely controversy which involves
the right of 70 his liberty should have similar trial
And objection the amendment proposed by the Senator
from New Jersey is that it requires condition to jury
tria an affidavit Of the party claimed that he Is Free No
such condition should be imposed. The defence to claim
Of the custody and service of any should be free from
every embarrassment any other defence against any other
claim.
One other word sir Difficulties have arisen in the free
States in regard to the recovery Of ugves from labor but
have they not arisen in Of attempts to seize alleged
fugitives without any process,
Mr.. MASON. Il is perfectly lawful to do
Mr.. CHASE. know that it has been decided, but
think the decision wrong do not believe that slave
claimant 60 into any State Of this Union and take per-
under the protection of lis laws and upon his mere
seron that the person seized is fugitive from labor carry
that any such proceeding warranted by the constitution
The decision in the Of Prgg, am aware, goes that
length but that decision commanded the assent OF
judgment And, sir just long this right to private