The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-21
ment OF the senator from New Jersey The senator from
New Jersey proposes 10 strike out all after the word
That In The section, and 10 insert the following


tories United States aud that com no
are who hereafter be, appointed by the circuit
ecuit established or by The
Of the United States all of which authorized
and required 70 appoint in each
county 10 Jake Acknowledgements OF bail and aiiidavp,
and also 70 take dispositions OF Witnesses civil causes and
who shall csch any judge oil the United States, COM
plant being made oath him that fugitive from labor
ves issue his warrant 10 The marshal United States
o. 70 any other no shall be willing 10 serve ~ a
Territory, be brought before him. some other com.
missioner Judge Of the United States court within the
State Territory, that the right OF the person claiming the
services Of such fugitive may be examned And on the
hearing, deposoos duly snthsoGa,ed and pafo proof
tho right OF claimant aud also TO show that slavery
established in the State from which The ogve absconded
find the services OF the fugitive, asserted
tanned by the evidence, he shall make outa certificate of
The material proved, and Of his Judgment thereon
which no shalt sfgn and which shall be conclusive of the
the s,ats from whence he lied Prou.ded That lfhe fugive
shall deny that he service to the claimant under the
cautioned sosmnities and quences oath,
shall swear TO the the commissioner judge shall
Of the claimant who shall be sworn to try the cause &c.
codns 70 evidence aud the commissioner or judge shall
preside at te trial and determine the competency OF the
proof
shall receive dollars in each tried by him. afoe
said the jurors fifty cents EACH and the rsha other
person serving the process shall receive five dollars foi
serving the warrant each fugitive, and for mileage
and other services the as allowed 70 the marshal
Tor similar seIvces to be examined and allowed by the
commissioner or judge, and psid by the claimant
MI. DAYTON. Mr.. President mean to say only 80
much as may be necessary TO call the attention OF the
Senate to what this amendment is have neither the
disposition the health speak upon this subject
have said pretty much all that desired to say al an
earlier stage Of this bill.
This amendment which have just offered is an
amendment laid upon the table time since by the
senator from Massachusetts, who is longer with
us. INT Weos'ei i Incorporates the Senate will re-
stage in this session Ii meets the objection urged by the
senator from Michigan, lMr CAss I, is amendment
this amendment, ii it shall be adopted ii will be neces-
sry to change the title make amendatory The act
OF 1923: This amendment was prepared by the senator
from Massachusetts, he stated when he laid it upon
the table, after full consultation with high judicial au
thory, and that judicial authority which had had the
most experience with matters OF this kind and likewise
OF high professional standing
The amendment proposes to remedy the evil occasoned
BY the decision OF the Supreme Court the OF the
Commonwealth Of Pennsylvania Us. Priyg After that
decision OF the Supreme Court, several States OF the
Union passed laws prohibiting their executive judi
cal officers from interfering carry this law of Con-
gress 1t left, therefore, the federal government to
very considerable extent without adequate judicial au-
ihoriy to carry into effect the act OF 1898 II took away
from them the several State magistrates who had been
relied upon and that substantially the change
ated by that decision in the OF the Commonwealth
OF Pennsylvania Prgg That occasioned the evil sub
sequenty complained Of This amendment comes in and
proposes to remedy the evil by authorizing the federal
courts 10 appoint commissioners, more in each
county, and gives them authority TO carry that act of
1898 into effect 1t gives the further power and author
ICES these commissioners in the event that the fugitive,
alter being duly cautioned makes oath that he does not
owe service to the caimant authorizes the commits
sionera to issue and summon jury who shall
try that question and the certificate OF that commissioner,
based upon the finding of that jury, shall be conclusive
and anal 10 settle the matter.
may add that this is substantially the law in the State
OF New Jersey II IS the law upon which we have
acted for number OF years 1t is the law through the
agency OF which we have surrendered up number of
nlgitives TO their claimants II has worked well with
We have been enabled TO give the proper remedy TO
the master and likewise the proper protection to the
slave. II is law which consus The feelings of
community. and have had difficulty thus far under
the provisions OF the act IN doing justice between the
claimant and the fugitive. have heard none complain
Ths provision amendment OF the act OF l793
the evil growing OF the decision OF the Supreme
Court, and il is the provision TO which have already
fered induces delay Ii induces the least posi-
bic expense and II subjects the claimant ruBous
procrastnaion IL does not him the benefit OF
the writ OF hdbeas corpus 1t makes the finding Of the
lSry nnsi between the parues and upon The certificate
taken by the master am content with II, and shall be
glad this amendment TO the act 10 question shall re-
ceive the sanction OF the Senate | not disposed to
consume further time IN its discussion.
MIR. MASON. The senator from New Jersey may be
perfectly assured that the experience OF the people OF
those States iron whence these ugives escape has az
forded factory evidence TO them that the evils which
this bill ~ intended 10 reach much deeply seated
and widely extended than those the existence OF which
IN recognised IN the amendment he has offered II 1t be
intended, have doubt it is, by majority of the
Senate to pass law which shall be eectua execute
in good faith the constitution OF the United States in ref
erence TO fugtves from labor, II is necessary that the
Senate should take into view and consider the actua evils
under which the slave States labor in reference the
reclamation OF these fugitives The State from whence
come, and the States OF Kentucky and Maryland, being
those States OF the Union that border the free States
have had ample experience not only OF the dcues but
OIL the actual lmposslbIty OF retaining fugitive when
ne once gets wihm the boundaries OF savehoding
State and this bill, rather the amendments which
have offered have been framed with great deal OF con-
sderaon, to reach, practicable the evils which this
perence has demonstrated TO exist and TO furnish the ap
proprate remedy in enabling the OF fugitive
reclaim him Sir, II has become part OF the history Of
the country, that, when slave escapes and gets
within the limits Of the free States the of those
into which they do escape-for do not desire
be invidious by particularzng misunderstood may
well 20 down into the and snfeavor to from
his native element FISH which had escaped from YOU
expect to recover such fugitive under existing
laws. Every difficulty is thrown in the way BY the pop
naiion to avoid discovery OF where he 10 and after this
discovery IL made, every difficulty is thrown in the way
OF executing process upon him. And II you should
ceed 10 lar as TO execute the process then every difficult
~ 10 thrown IN the way by armed mobs TO prevent the
fugitive being earned before the proper officer 10 take
cognixance OF the And If you should perchance
succeed in doing this, and adjudication should be
mAde do not know OF an instance, within years.
whee the fugitive not rescued by violence from the
hands OF the officer by armed mob, and the parties
claiming him Pot in peril OF their lives Indeed in one
outright by the mob but every instance their lives are
put In peril And when, as is sometimes the case, the
parties thus aggrieved seek remedy through civil suits
brought against the individuals composing such mob
after years Of vexatious difficulties thrown The way
they finally left pay the OF the suit This s
the real state Of bngs and could give instances which
have come under my own knowledge OF owners Of