The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-10-10
SUBSTANCE



Course Of tie dbate IN he SsHaie on his motion 10
strike out hte Sfc0m section of tie FRgaire Stare
BH august ~ 1880
The bill providing for the reclamation for fugi-
tves from service, and offered by MIR UNDER
WOOD, of Kentucky, being under consideration,
Mr. CHASE moved to strike out the second section
in these words
"SEc 2. And he II further eHac,ed, That the supe-
rior court of each organized Territory of the uni
ted States shall have the same power to appoint
commissioners to take acknowledgements of bail
and afidavs, and to take dispositions of witnesses
in civil causes, which is now possessed by the cir
cult courts Of the United States and all commits
sioners who shall hereafter be appointed for such
purposes by the superior court of any organized
Territory of the United States shall possess all the
powers, and exercise all the duties, conferred by
law upon the commissioners appointed by the
circuit courts of the United States for similar pur-
poses, aud shall moreover exercise and discharge
all the powers and duties conferred by the third
section of the act of Congress, approved February
~, 1893, in the preceding section of this act men
toned
The first section authorized and required the
commissioners Of the circuit courts of the United
States TO act in the matter of surrendering fugi-
tlVes from service, as the Judges of the United
States were required TO act by the law of 1893
that is, examine claims to alleged fugtives from
service, and if satisfied as to the validity of the
claims, to grant warrants of removal to the State
from which the escape was made. IL will be re-
membered that this act authorizes seizure without
process examination without opportunity of de-
fence, trial without jury, and decision without
appeal.
The motion of Mr.. CHASE therefore was in
effect TO deny the right of the stakeholder to re-
claim AS slave any person escaped into the Ter
ritories
Mr.. CHASE said The object of the amendment
is merely to conform the provisions of this bill to
those OF the Constitution. The Constitution pro-
vides that no person held to service or labor in
one STATE, under the laws thereof escaping into
another, shall in consequence of any law or regu-
lation HeTda, be discharged from such service or
labor, but shall be delivered upn
The terms OF the Constitution conine the right
Of reclamation to persons escaping from one State
into another State This section extends this
right, or rather provision for the assertion of
right that does not exist, to the Territories This
is the reason why ask that il be stricken out
Messrs. BERREN of Georgia, BUTLER of South
Carolina, and UNDERwooD of Kentucky, objected
TO the amendment relying on Southern doctrine
as to the rights of Shareholders TO hold slaves in
The Territories.
Mr.. BERRIEN said that the proposed amendment
indicated a disposition " to do Just what is ahso-
lutely required by the letter of the Constitution,
and refuse that which the spirit Of the Consttu-
ton rendered equally imperative lie insisted
that Congress had ample power 10 make provision
for the surrender Of fugitive slaves that the only
difference between the States and the Territories
was, that, with regard to the States, the obliga-
ton is rendered imperative by the Constitution,
but with regard TO the Territories is rendered
equally imperative by the principles of Justice,
and by the obligation Of the United States Gov
eminent TO protect all the citizens of the United
States in the ubdsturbed enjoyment of their
property"
Mr. BUTLER insisted that the only reason for
not referring 20 Territories in the clause of the
Constitution, was, that the framers of the Consti-
tuition took it for granted that the Territories
were open to the immigration Of shareholders with
their slaves as well as Of other citizens with their
property and "pever dreamed that slavery would
be excluded, except by State Governments
Mr. UNDERWOOD referred TO the provision in
the act Of 1893, for the reclamation of slaves es-
capped into Territories, and relied on il as author
ity for the legislation now proposed. We have
exclusive jurisdiction he said, "over the Terri
tories No other power can interfere there. And
shall we refuse TO do in Territory, subject TO
our jurisdiction, that which the Constitution re-
quires us TO do in State7'
Mr.. CHASE. A few words In reply to the sug-
gestions made by different gentlemen.
The Senator from Georgia thinks that we
ought to egislste in conformity with the spirit NJ
well as the letter Of the Constitution, and although
the letter Of the Constitution does not bind or au-