The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-18

pessy 70 avoid that right OF appeal upon writ OF ha-
The reason which the honorable senator gives is sub
sanlally this that there other methods OF trying
the right which individual may have 10 his personal
freedom besides the mode provided for the writ OF ha
beas corpus Now. sir, il may be true in the existing
States that there laws already providing for trial OF
these rights. But by what authority does the senator
from Kentucky say Of how are we to know that these
scrpton, which shall authorize empower any ndiyd-
ual TO try the question OF his personal freedom II may
be that other process testing that fact will be allowed
save under the writ OF ha6edS corpus II there shall be
no other mode provided by the Territories, and you do
not allow the right OF appeal writ of hlbeas corpus
you deny substantially the right OF any person. who Is to
have trial for personal freedom. TO have il tried outside
that Territory. think il must be so.
Now. how does the bill stand II was originally pre-
scented to with clause pecuding the Territories from
passing any laws whatever in respect to slavery That
has been amended upon motion OF the senator from
Georgia, and The bill now stands that the Territories
shall have no right 70 pass any law creating, establish
right to personal freedom arises in that Territory, the
Territory has right to establish prohibit; il passes
no law whatever regulating hhe process. Under the de-
clsions OF the Supreme Court, in the 9th Towards Re-
ports think the matter is distinctly and clearly settled,
that unless you grant by statute, express the right OF APP
peal under writ OF habeas corpus no such appeal can
lie Your BILL as II stands, prevents the Territories either
from acting aiatively negatively upon the subject
You deny the right OF appeal or writ OF hdbeas eorpu
and IL the Territory shall provide other way, you GER
tainly deny the right of trial outside the Territory
But taking the language OF the statutes which regulate
appeals from circuit the various circuits, and
The decisions OF our courts, and granting even that the
Territory shall provide some Other powers by which this
right OF personal freedom may be tested, doubt then,
under the language OF the senator from Kentucky
II the right OF appeal would be granted the principle
which the courts have settled that the question must
volve value in dollars and cents to the extent ol 900
Now sir, under process regulating the right OF personal
freedom how are you to recover It's value In dollars and
cents! III the amendment oil the senator from New
Hampshire be adopted il leaves the matter clear and
tain And certainly understood the colleague oil the
tor from Kentucky, the chairman OF the Committee Of
Thirteen to state this question very clearly and II un-
dersand the chairman Alright he said he was disposed to
meet il precisely desire TO meet IT, Let have no
ambiguity about it, but meet il honestly and fairy and
you will grant the right OF appeal under writ OF
habeas corpus to the Supreme Coar OF the United States
in cases where the right OF personal freedom is
ed, let us say so.
There another reason than this why the language of
the honorable senator from New Hampshire should be
corpoated in the bill Ii is asserted by gentlemen upon
this floor, apparently with great sincery--ye with
course OF argument that fails TO convince my mindthat
they have under the constitution oil the United States
right to go into these Territories, and carry their slaves
there with them, | deny it,. II other gentlemen enter
tain different views, they seek to carry them out in
accordance with the constitution they understand it,
1t is asserted by myself and by other senators who dsa-
gree with these views that under the constitution such
rights are IN existence there There is then presented
this conflict of opinion-some maintaining opinion,
and others opinion OF precisely opposite character
Now how are we to get at the decision OF the Supreme
Court OF the United States to test which set OF these
opinions is right II you tie up the territorial govern
menis as you propose to do trusting to them to
law regulating the powers Of testing the right OF personal
freedom, they should neglect 10 supply this law, how
are we to get the right except by writ OF habeas copus1
And II we adopt The amendment OF the senator from
kentucky, we are denied that right. Ii we adopt the
amendment Cf the senator from New Hampshire, the
contrary secure 1t and think wise and well that
we should adopt it now.
Mr.. UNDERWOOD, Mr.. President the senator from
Maine objects 10 the amendment which propose, upon
the ground that is possible that the local legislatures OF
these Territories may refuse 10 make any provision by
which to try the right OF property in slaves Now, sir,
according TO my experience the control OF the right OF
property IN slaves is always brought issue on
trial. by bringing action for assault and battery or
for false Imprisonment Now, unless you suppose that
action for assault and battery false Imprisonment,
there can be nothing in the argument Ii any one is
deprived OF his liberty unusy, 1t is false imprson-
ment, and being false Imprisonment, he has right 10
bring action for it and il he establish his liberty
he must gain bis How it be presumed that any
legislature in these Territories will refuse give
remedy Tor an injury oil that sort Sir the supposton
cannot be INDUCED in; and yet large portion of the
senator's argument is based upon that supposition.
There never has been such thing in any civilized CON-
munity anywhere upon the face OF the earth that have
heard of, that remedies given for false i'm
prsonnent, and for assault and battery and, after this
remedy gven the question OF slavery can be FULLY and
Now. look at few words of the honorable senator's
argument He says he wishes appeal taken from the
decisions OF the judge, under writ OF habeds corpus
This bill makes provision for the writ of habeas COR
pas believe Now if you suppose that the territorial
legislatures would give remedy for assault and bat
terry and false imprisonment you might also suppose that
they would refuse give remedy try the question of
personal freedom by the writ OF h1beds corpus And
there would be no end TO supposons based upon the
idea that the legislature OF the Territory would be der
elicit in their duties. But suppose you admit that that
writ properly be issued by Judge: let US look IL
you please for one moment, at the proceedings
The judge issues his writ, commanding A to bring be-
fore him the body OF b, and TO certify to the of
his detention in custody That is the nature OF the writ OF
hdbeds corpus. When A is thus summoned TO bring the
body OF TO appear before the Judge, and when be
turns his answer 10 the summons, is claim b, and
the right TO keep him in custody my slave. What fol-
lowse Then this Judge, without jury, without clerk,
without any OF the appendages OF court oil justice, is
to decide the question OF freedom slavery, and TO
make up something TO bring the Supreme Court Of the
United States VIII the gentlemen who advocate the right
to an appeal or TO prosecute writ oil error upon dec
sion upon writ OF hdbeds corpus, consider the question
how the Judge shall certify the evidence, and make up
The record which is TO be brought TO the Supreme Court
you leave TO the ordinary remedies in the OF
JUSTICE by the institution of suit upon the part OF the
person claimed slave against his MASTER the door is
body understands IT, We have clerk TO certify to the
record and we bring the whole within the ordinary ope
ratons OF the judicial system OF the United States III
you are TO make change in reference the trial
oil the right OF propertyfor it from the writ OF
hdbeas corpus, according TO the genemans idea OF it. and
is not mere question OF personal liberty, but question
oil the right OF propertyyou have single Judge, with
out jury, without clerk and without the ordinary append
ages OF the courts OF justice. Ii this TO be doDe the
thing ought to be committed Ii ought TO 90 back to the
committee to give all the various steps TO be taken in
The system OF arrangements about 10 be introduced
by very short amendment. | do not see how il will
work