Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-02
ed will not permit their own officers to execute law Of this

The Governor Of the State Of MARYLAND in communicating
to the General Assembly Of that State, tells them that ct
zen Of the State of Maryland in jail and in rons
the State of Pennsylvania, because he brought off fugitive
slave from that State two years ago and the Governor
has recommended the General Assembly, and the Genera
Assembly has adopted his recommendation, send speca
messenger minister to the county where he is confined
see that has proper counsel employed and psy the
penses of his defence. And yet another the
State Of New York Another citizen of the State Of Mary
land-a gentleman well known to mefound his slave in the
city of New York, and captured him, he had perfect
right do hGbeas corpus was issued in behalf of the g
tive slave and he taken before Judge Of the
of that State the highest Judicial functonary The
claimant proved his property beyond all doubt and il
admtted and they required them before the slave should be
surrendered that he should prose-what sir Why, what
at this day the enlightened administration Of laws will hard
credtedhe required prove in the State of New
York that Maryland was slave State. WE'LL sir, he adj
duced the printed statute book Of the State from library
in the city, and then by oral evidence further proved by
with the laws Of Maryland that slavery Of the A-
recognised and sanctioned by Them But all
this proof unwaranted the demand produce it,
avaed him nothing He told that proof; that
nothing would be admitted to show that slavery
Missed the law Of Maryland but copy Of statute
ped in the prescribed by the laws Of the United
States.
| Mr.. BADGER. Who was the Judge
Mr.. MASON. have taken the narrative from the
sage Of The Governor of Maryland which acbes this
to Judge Of the supreme court of New York but it does
| Mr.. SEWARD. II was Judge Edmonds.
Mr.. MASON. No such law could be produced-no such
law apprehend exists law creating the institution OF
slavery in the State Of Maryland and because such law
could be Produced the fugitive discharged spon habeas
corpus am happy learn, sir that the noble State of Ma
rand at ntepoed herself between her injured citizen
and this wanton abuse of law. 1t ordered by her Legs
atue that the claim should be fully prosecuted at the
Of the State and that the claimant should be reimbursed in
all expenses he had incurred in the effort thus made to
his property.
have adduced these instances in the hope that to
extent least they would show the country the
existing of the relations between the States upon the
subject and the utter insecurity in fact to the savehodng
States Of their property, however may be secured to them
upon paper.
Mr. President hope it will be the pleasure Of the Senate
to pass the bill with the amendments recommended by the
committee.
ing this law Of the constitution, least in informing the c
of the savehodng Saes what their duties
der this conederacy If il should not have this effect
perfectly free admit and declare here upon my responsible
y representative in part of the sovereignty Of of these
savehoding States, shall recommend to my people,
matter Of inevitable necessity upon their part to provide by
law for repsas upon the property Of the citizens Of Of
Tending State. know of other mode Of redress against
who acknowledge obligation either Of honor of law
The Senator from South Carolina, (Mr. BUrLER upon
the authority of very able paper which he showed me- from
the State of Kentucky, has stated the loss TO that State an
nually in fugitive slaves at thirty thousand dollars.
have little doubt of its truth and, from what know Of the
experience Of my State, satisfied the losses of my
own people far greater Losses incurred how From
cdTeleSSneSS
part No. But losses occurring through failures of their
sister States to fulfil their federal obligations not failing to
fulfil them by neglect but by active seduous and ingenious
legislation contved to defeat the claimants in the recovery
Of their property. Sir, know of remedy if this course
of legislation continued in the slaveholdng States, which
protect people but repsas the property of the
offenders. apprehend will be easy matter TO frame
laws to effect these repisas It is admitted to be legitimate
and Just in the law of nations when pecunay obligations
degarded that the injured State may make repsas the
offenders and So the before when il is establish
ed before competent court that the duty of delivering up
fugitive slave dsregarded by State, when such fugitive
rescued from his by violence let the State whose
citizen susans the loss pay him the value of the propery
and make repsa wherever it be done, upon the pro-
perty OF the citizens of the State offending Ths cir is
harsh remedy and which should be exceedingly reluc
tant to recommend.
Mr. FOOTE. Upon what property
Mr. MASON. Upon the property OF the citizens if the
property Of the State cannot be got at it the only
remedy known to me by which retribution be had
Now, Mr.. President to the law ITSELF am not very
anxious about the particular provisions Of this bill mean
they before here in the printed BILL willing to
hear any proposition alter amend My only anxiety is
that whatever passed shall be substantial and earnest
and not merely ilusory.
1t has been said to me by gentlemen in conversation that
we ought not impose this duty upon posmastes that many
Of them sufficiently conversant with the forms OF
business with judicial FORMS execute such law admit
bu, there remedy. If the law to be efectua
must provide officers execute at almost cossroad
in all the counties Of the offending States II the law can be
ment and we are obliged take those already existing
less you would create batch, and pay them adequate
salaries to be located at every point in every county OF the
non-slavehoding States
The amendments provide that upon affidavit after the ugi
tive arrested showing probable cause to apprehcnd that
force will be off red the officer having him in custody shall
provide sufficient guards to such force and in case
be actually opposed then the expenses incident to its resist
and the transportation Of the fugitive shall be paid out
Of the treasury. We have right to this 1t is the duty
ohe Government enforce the law mean the law OF the
consuon-and if force offered to resist it.; the expense
Of overcoming il forms properly part Of the public charge
The amendment provides only that in addition to the
recovery by civil action against the party who shall interrupt
modest the owner in the capture Of his slave be shall be
treated as having committed misdemeanor in resisting the
law and shall be fined and imprisoned. think objection
be made that it is due swell the occasion to the
offended law.
And now, sir in conclusion, ON perfectly willing gen
emen devise any better mode of enforcing the clause Of
the constitution for the recovcyo fugitive slaves, not only
join with them, but to render them my hearty thanks But,
sir until that is done call upon all Senators, they regard
the obligations Of law and the mandates of the constitutions
unite with US bringing this bill early vote Let
know where stand. Let US know whether rely
the constitution for protection, whether to rely
upon our own counsels and our strength.
Mr.. SEWARD. Is it in order to offer amendment at
thistim at.
The VICE PRESIDENT The amendments reported BY
the committee have not yet been acted upon.
Mr. SEWARD. ask leave, then, to lay upon the table
an amendment which shall offer the proper time and
move that il be printed.
The amendment was read as follows
"Srike all after the enacng clause and insert follows
When any person who shall have been seized arrested
fugitive from labor under by virtue Of the of Con-
gess entitled AN respecting tugitives from justice and
escaping from the service of their
February 1885, shall be brought before any Judge