The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-07

in these recent discoveries which, after the lapse OF half
century ind that Congress to perform ils constitutional
mate question Of freedom in between the master
and slave in State where the laws upon which the in
suiMtion OF slavery rests are unknown
Well sur, II the scheme suggested by the gentleman
from Connecticut does not prevail what should we do on
this subject! think we ought TO establish tribunal
whose powers should not exceed those conferred BY the
act OF 1893 That act pupors to confer jurisdiction upon
the magistrates Of the States. The decision Of the SUI
peme Court in the case OF Prgg ps the State Of Pennsy
vana declares that the magistrates Of State are not
obliged to execute the provisions OF the act OF 1893 ea
ting 10 ugves from labor although they might DO u u
they pleased By the Legislation Of many Of the nom
saies since iaat declson tns magistrates
ment, from executing the act OF Congress- All discretion
has thus been taken from them by State legislation.
Hence the Necessity q now providing some substitute Tor
which has been destroyed By the hostile legislation Of the
non-slaveholding States Nothing short Of adequate
ance On the part 81 the non -savehoding States can
my humble Judgment restore peace and quiet to this
country Prompt action, fair open deliberate yet prompt
strict observance oi their constitutional duties by the
slaveholdng States, will doit Can tribunal be ins
uted that will give confidence IN which the people Of
the free States well those oil the slave States shall
have confdence Il seems 10 me 10 be practicable lido
not invoke The agency of postmasers collectors. and
every petty officer belonging to the government Of the
ployment OF these otceswho, from the nature Of the
duties which they ordinarily called upon to discharge
are untitled for the exercise OF Judicial functons-would
sablec! the tribunal to those anlmadversions Justly ap
piled the other day by the from New Jersey, Mr.
DAYTON j but can objection 10 the appointment
OF commissioners in the several counties Of State Let
the federal courts appoint these commissioners and let
them be selected among gentlemen Of character o known
integrity and rmness, and everybody will have conf
dence in their action upon all cases which may be brought
Now, think my friend from Connecticut has taxed his
sympathies and alarmed his apprehensions with mere
phantoms, What is the evil which he apprehends and
hut sl thu oruadu m thu
sion is, that free negro in Connecticut or other
free State, may be seized BY Kentuckian, or some
from southern State and falsely claimed slave. in
order TO and sell him in slave Market where it
may be impossible for him to establish his right 10 free
dom. Now it seems to me that the evil anticipated is
apd although the h;n as ALLUDED 70
dor compels him TO admit that he never knew one OF
them to succeed There are obvious reasons which must
lent In the first place. the owner Of the fugitive slave
may be required to make affidavit that he has lost slave
Then, before the evil apprehended occur, perjury must
be committed Now, gentlemen suppose that Ken
tuckian, or any citizen Of 4 slave State will 20 and de-
liberately commit perjury, in the first instance for the
chance-not the success-not the absolute certainty Of
putting some few hundred dollars into his pocket, by
verng free coored person into slave, but for the
mere chance OF successl
A SENATOR. have known il done.
Mr.. UNDERWOOD. Well, if you have known il
done, hope il was not Kentuckian who did it But
ask is il probable that any individual will commit
perjury in the first instance for the prospect of making
u
II is said such things have been attempted but
pretends 10 give where the attempt succeeded
and the law stands under the act Of 1893 an ah-
davt of the loss OF slave is not required With this
precautionary requirement which propose, all apprehen
sons oil danger to the free black population OF the North
must No will incur the guilt OF perjury for
has never yet succeededof kidnapping the free blacks
OF the slavehodng States with the design OF selling
them slaves. Let this affidavit be made before the
commissioner in the free State where the arrest OF the u
gve is TO be made let the atant commit perjury in that
Jurisdiction, il the statements in his affidavit not true
and will venture to assert the verest thief that ever
sequences be destitute OF honesty, would not
take the false oath and incur the guilt and the probable
punishment There would be no motive sufficiently
then, such fraudulent and Infamous design has
never yet succeeded, under the laws as they now
stand, why should my friend from Connecticut, when
we willing 10 protect the free black popula-
ton by additional safeguards, alarm himself with
the idea that kidnapping may hereafter be PePee.
trated with success II Is too remote too improbable
that such arise, TO make II our duty to vest
the tribunal established to decide fugilive.save cases
with power to determine finally the question OF freedom
slavery But, sir after the arrest takes place will not
the commissioner call before him witnesses the neigh
bors the acquainiances, and the friends OF the party
rested \ Are the "sympathes" oil the North 50 dead
that will rise up in behalf OF humanity and bring
the witnesses who have resided immediately in the
neghborhood and who truly testify whether the per-
son arrested fugitive was born free, and how long
do@iced in the vicinity SI, we may Judge from ns
IRON the petitions submitted TO this body, there be
lack OF energy there be lack OF humanity, there
can be lack OF anything necessary for bringing for-
ward the witnesses the neghbobood Tor the purpose
OF having full investigation TO whether the ind-
vidual arrested is fugitive from labor or not Can gem
temen really apprehend that there will be such deadr
such want Of feeling among their population at the
North, that they viii suffer coored man known to be
Free man raised from his infancy in the northern States
Free be arrested and carried of as fugitive from
labor when the whole country can rise up and testify in
his behalfl IT, indeed such should be the lethargy OF
northern action then their high professions OF devo
lion to human liberty nothing more than sounding brass
and tinking cymbaL Are we to be alarmed and him
dered in passing proper bill by such groundess appre
tensions as seem to be entertained hope not.
Allow me now, sir 10 call your attention TO few other
matters which my friend, IN this connexion urged upon
the consideration OF the Senate He made remark or
two which, sure, upon reflection, he would be dis
posed 10 modify, il not 10 take back understood him,
In his complaints OF the southern laws, 10 intimate that
justice could not be done to the coored when appre
hended and sent by the tribunal such propose to
tabsh TO the State whence they fled ..
Mr.. BALDWIN. The gentleman is mistaken IN sup
posing that indicated any dsrust Of the integrity OF the
Judicial tribunals OF the southern States. What intend
ed TO say and believe did say, was, that free negro
who had been sold slave under the laws oil South
Carolina, any similar laws OF other States, and had
succeeded in efecng his escape, would not n he should
be sent back TO these States fugitive, be likely TO OBJ
tain deiveance from those who appointed to ad.
minister the very laws under which he had been sold
MIR. UNDERWOOD. had not intended to make
many remarks that subject and will now, after my
friends explanation content myself with saying that
having been long time conversant with the judicial tri-
bunals OF my own State, have never known case OF
freedom slavery where the eanngs and sympathies OF