The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-24

ho received this amendment nc nan moi sdvcrcd 10 the
fact that the amendmen, offered by the senator from
Vnxinia Of . substitute alter the enacting clause had
bsso adopted the committee Of the whole. In this
stase Of the bill il not In order Tor the senator from
Kentucky to ODER his amendment The Chair will report
it 10 the Senate. and then il will be in order.
The bill was then reported TO the Senate and the ques
ton was stated upon MIR. URDERwooD's amendment
Mr.. MASON. wish 10 know from the senator from
Kentucky lNr. UxDEnwooDl whether he understands
thai the constitution Of the United States authorizes Con
geees 10 law providing for the recapurs oil fu2uve
slaves to require that before the claimant can recover ms
property. he shall Try the right Of property N the Sale
where Inc slave is recaptured that he shall try an the
Sute where The slave is recapiued the question WHISTLER
Nj UNDERWOOD understand The constitution 70 e Of
tn United SGhes 10 be this That HE Congress OF the
Uted States under that constitution, are bound 10 pro-
vide by law fol- the Of fugitive slaves or n other
words persons owing service o. Ina '"a' ~
Supreme Court and understand that that involves IN
ITSELF the rga upon the part Of Congress to ascertain
whether service labor due Congress are not bound
TO return any persons. unless they service labor
and according my Judgment Congress can ascertain
that thing before they return them, properly # IT DO re-
that Congress in 1893, only required prima acfs case
to BE- made out and then required the return upon the
making out OF that prima tucs sase and have SAID
and repeat that am for returning according to ne ae
Of 1898, whenever prmd tacie is made out This
bond thai 10 here required merely refers the case OF an
The part q ss claiming hs
grsas to execute the duty Of making the inquiry
county where v r. Z from sSc 20 or Io
o. not. believe that Congress has that constr
!9.onal power Tha, is "a dr ,S answer % my
Csc IT, they may exercise it, butt believe the exercise
c that power upon the part Of Congress would be equiv
eent to the manumisson OF every slave arrested III es
Stats because you thereby impose such an expense such
trouble and delay and many Inconvenience upon the
slavshpldsr, that he would better give up the property
The remarks have made heretofore; cannot repeat
them now; it would be i'll timed and improper to do SO
IaDswer my friends proposition by saying that under
the constitution the power exists and must exist 70 az
certain whether the person arrested is fugitive from
service or before he is returned Thss PLAIN that
Icapnot gainsay it ALL cannot conceive that can
be disputed that have the power to ascertain whether
he be fugitive not look upon this bond, TINS rec
ord, q mere incident TO that inquiry, BY which we
q sna q he s % n a
the investigation shall take place there, though Congress
may have the RICH, permit 70 take place
Nr. MASON. The senator from Kentucky Mr. UH-
prnwooDl places construction upon the clause Of the
constitution upon which this law is based which was
nQt placed upon BY the Congress which enacted the law
Of 1893, and which have never yet heard placed upon
except by the from Kentucky And the senator
paees thai construction upon the law, coupled with the
Mr. UNDERWOOD. Will my friend allow me The
senator is utterly mistaken, Mr. President in supposng
that placed that Interpretation upon the law OF 1913 II
thu declaration am speaking about, ana not the Law
M. MASON. The senator misunderstood me said
that the senator placed the construction upon NE const-
places upon that construction coupled with the declare
ton that il vests power in Congress, which may be
iGAtpy exercised and II exercised me provision o. me
constitution intended for the reclamation OF those ugi
vea will defeat and destroy itself for they never can
b recovered What is the constitution L declares
thai persons held TO service labor may be delivered up
hey dee into another State upon the claim OF the party
entitled such labor. But what is the con-
strpcton placed upon by the act Of 1903, H,s moi
would Be utterly imprascable prove that title al dis
tanss Of 1--WE hundred thousand mies-net upon
Npof Of title in record. but simply upon proof OF the
fkct that whether with without title, the party was held
to service or labor II cosld not be possible, as con
fsxdsd BY the honorable senator from Kentucky Mr..
that t. II. Gdnssss 81 se 10
the question OF title tried IN The State 10 which the Save
had escaped.
The provision of the constitution would not only be
npkasoty. but would be lusory1 usory And
yet The honorable senator from Kentucky IN vindisAhng
this suggestion from the COMMITTEE OF Thirteen re-
9urg bond is bound IS he snpposes TO 80 me whole
fen9h to concedng the right Of Congress TO try the title
anf it is boon that We acquire IRON Congress when
they transfer that title p the place from which he escaped
from the place TO which he escaped. Sir. think !.
snihkiens-amply suhcenhat those who represent the
rights where this property found should rest upon the
construction given to the constitution BY the act o. 1893
and that simply, the senator has sas 10 make out
proof OF the iaci that the fugitive under service or
labor in the State from which he escaped and IN proof OF
that fact he is entitled to recamaton-and that Is all thai
can BE- done Ii would be utterly impraccable pro-
vide by law 10 try the right TO hold him to labor IN The
State TO which ne escaped IT would be impossible ge
senator has well said, thrice the cost OF the slave hun
self.
sa told however, that deny the fight to require
this bond must show that tho right Is not derived iron
the constitution j admit it. II the constitution gives
the power the bond, Congress may execute IT
But where does Congress get the power to execute hs
bond! The senator the whole ground by saying
thai Congress only may execute the bond, bat may
TRY the fact OF the right prtnd face TO the slave and h
brnxs us 10 the construction OF the constitution
vhshef not sou 10 try The title oil the mere lac
thai be held b service presume thai the framer'
OF the constitution really intended that the property should
be reclaimed and did not intend to hold this out mere
ILLUSION to those who insisted upon IT advantage
necessary advantageo be enjoyed by them, IN order
be occurred in their property. The language oil the con
s1itut,on is:
No person held service labor in State under thu
Laws thereof escaping into another shall IN consequence
any law or equation heren be discharged from such
vice labor, but shall he delivered up on claim oil IN
parry 70 whom such service or labor may be due
The construction that has always been placed upoi
that, placed upon by the law OF 1928, ~ never ye
claped 20 far know, by any representatives OF th'
free States, yet claimed by the legislature OF Tn
free States, Claimed tar as am aware, to b
wrong except e instance oil the construction places
UuDERwooD That constrfaon is, that you must prove
tie fact that fugitive held TO labor,
clMmed. in the State from which be escaped, and tina
Won can 90 into the TACT whether pghtfuy or wrong
Tally held All that the constitution does ~, 10 remand
him to the State from which he escapes and there Il
b. tried the question whether he ghfuy wrong
tally held. II that is the true construction, and ii bs
law buoed upon this clause OF the constitution requires
bond il may certainly require bond security, as have
aid and il co. it will place il utterly of the power
the snster ever 10 hun IL would be perfectly
,us,yv will not treslxass further than X, III