The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-14
THE UNION.


cessasy ior me 10 ssy to the Senate in relation 10 what il
contained in the report There remain two three other
subjects upon which wish to say lew words before
conclude. Z ,s
The next subject upon which the COMMITTEES acted was
that OF the recapure OF fugitive slaves The committee
have proposed two amendments to be appended 10 the
bill introduced BY the honorable senator from ylrgna
provides that the owner Of the fugitive slave when leaving
his State and whenever Is practicable 10 do So
for sometimes itmay happen that IN the bot pursuit Of
runaway il may NOT be 10 his power TO procure such a-
thory-shal provide himself with, and carry with HIM
10 the State to which the fugitive has He'd certificate
from the court which shall contain tne adjudication OF
two facts FIRST the fact Of slavery and, second. the TACT
OF elopemen and in the third place such general de-
scrpon Of the slave il may be possible TO establish
before the court This record taken from court o. rec
State shall then be competent and sufficient evidence OF
the fact Now, sir. have heard il said that this i
throwing an obstacle IN Inc way o. 'ne ea ha,
will be Of great advantage to him. The expense VIII be
very iilendeed, not than two three dollars
na w Ss the as s
erence and respect in which records everywhere
held The STAKEHOLDER will feel. when he comes TO
Pennsylvania or Ohio with this csr,lIeae that he has
cry of his property; and when the attesiaton OF the
clerk under the seal Of the court Is exhibited to cit-
zen Of Ohio that citizen will De disposed 70 admit I Us
curing his property The Inconvenience will be very
slight, very nconsderabe, and the additional security
MIR Blu Tier. tinterposng) As that bill was some.
what under my care know the honorable senator will
give little information on the subject OF this amend
Is proposed that this certificate shall issue from
court in open session. or from the Judge of the couri
perceive that contemplated that il should have the
attesation of the clerk. What l want TO know Is,
whether Judge can issue the certificate in chambers
Mr. CLAY. Mr.. President, the understanding was,
confess the county court the courts OF probate which
prevail throughout the United States II that y not
thought best however, the proposition be modified in
" n the OF senators. L nOt-and
know that all the committee were acuated by the same
sprpe not attached 10 any particular form an any
thing Show better plan, and we will adopt IT. We
had in vew confess the county courts which prevail
everywhere except In Louisiana where they have parish
courts, and perhaps also in South Carolina IN both OF
which States they have probate courts One OF these
courts what in the mind OF the committee, as
is the custom OF these courts to give written evidence
about property.
exceedingly hear the honorable senator from Arkansas
Mr.. BoRLAND1 object seriously and earnestly to
that provision do not pretend 10 question his right to
do So nor the right OF any other senator but am sure
that the honorable senator will allow me, with the
freedom say, that OF all the States of this Union, be-
eve that the State which suffers most from the escape OF
fugitive slvesI will not except Virgniais the
Stale which in part have the honor 10 represent the Ia
ctes being the greatest for their successful escape from
that State into Canada and the various non savehodng
Sates and far the State which he represents
cerned doubt very much whether Arkansas loses
slave by escape unless occasionally slave may OH To
the Indians but think rarely indeed SO OF The
slave may occasionally escape BY shipboard but
this too, very Now, venture TO anticipate from
my own State perfect satisfaction with ,hs PROVISION 70
Mr. President in all cases OF this kind we must deal
fairly and honestly by all parties. We must recoect
that there feelings, and interests, and sympahies on
both sides and who has put his mind seri-
ousy the consideration OF suitable measure for the
recapure OF fugitive slaves fail TO admit that the ques
ton is surrounded with great difficulty.
On hand, if the OF tue slave could get into
the savehoding State, and seeing his negro, could
put his hands upon him, and the whole world would
recognise the truth OF his ownership OF the property and
the fact OF The escape Of his slave IRON his master there
would be difficulty, presume, even in those States
where prejudice exists in the highest degree against the
does moi admit Slavery And BY, let il be reeoI
lected how different the state OF facts now from what
it was in 1898. In l793-nearly sixty years ago-few
persons Of color TO be found in the States COM
pared to the numbers existing at the present time By
the progress oil emancipation in the savehodng States
and by multiplication by natural causes, vast numbers OF
them rush TO the free States There in the cities OF
Philadelphia, New York, and Boston, now, venture 10
say-though have not looked at the censussome eight
ten TO one in proportion to what there were IN 1888
But in proportion the free blacks multiply IN the free
States is the difficulty OF the recovery OF the fugitises
from the savehodng States increased Unjust be borne
IN mind that the rule OF law rs the reverse an the two
classes of States In the slaveholding States IS the
rule that color implies slavery, and the onts proband
OF freedom is thrown upon the person who IS claimed
Every person oil color IN the slaveholdng States re-
garded prima fdeie slave. On the contrary IN the
non slave holding States color implies freedomnot sla
very-and every man Of color who is seen in those
States is regarded free and when stranger from
Kentucky or Virginia goes TO remote part OF Pennsy
vania and sezes black person. who perhaps has been
living there for years. and claims him as bis slave, the
sympahies Of the neighborhood naturally and
sarly excited in favor Of the coloed persons and
respect those feelings where they honestly enter
tanned. Well what you 10 do IN case oil this
kind You 10 give every satisfaction that can be
given that the person you have arrested as your property
is fugitive from service labor This is OF the
measures proposed in the bill Now, what is the incon-
owner OF slave shall arrest his property in slave
holding State. he shall take him before the proper func
tionary 10 obtain certificate authorizing his return To
the State from which the fugitive has fled. And il he
declares TO that functionary al that time that he
is freeman, and not slave, what IS the officer
required 10 do Why, TO take bond from the
agent owner, that he will carry the black person
back 10 the county OF the State from which he fled ;
and at the first court which may SIT alter his return
he shall be carried there, and II he again asserts his
right TO freedom the court shall afford him all the ac-
tiles which requisite to the establishment OF the fact
asserted. No surety even is required. The CON-
mittee thought-and in that | believe all the com.
OF a stranger, hundreds OF miles from his home
surety TO take back his slave TO the Stale from which he
He'd trial by jury IL what is demanded IN the non
sIaveholding States. Well put the party under bond
TO take the slave the Stale from which the fugitive is
alleged TO have fed, and 10 give him trial by jury Now
ought we not TO make this concession Will tell you
what will be the practical operation OF H. will be this
When slave has escaped from his master, and has taken
refuge IN free State, and that master comes to recover
him and take him back the State from which he fed
the slave will cry out, al do not know The man have
never him in my life | am freeman !" and he
will say anything and do anything TO preserve TO himself
the freedom which the moment he is in possession Of
IA. he lint