The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-24

such bond condition OF the delivery. Ii that is
be made feature OF this bill, must vote against the
whole BILL because conceive that will be concession
on the part of the saveholdng States Of this Unon to
Congress OF power over this whole subject which was
yer vested in it, conceive that il will be in contra
venon of the duty imposed upon Congress by the cons
tuition Of the United States and infringement upon the
rights Of the claimants OF fuglves guaranteed BY the
constitution. The constitution says the fugitive shall be
delivered up upon the claim of the party entitled to him
Now, what is this provision but change OF that clause
OF the constitution, to make read that the fugl-
tive shall be delivered up the party entitled him
| upon condition that he will enter into obligation
which the constitution never imposed upon him THAT s,
adding, BY law, condition to provision OF the cons
tuition OF the United States contemplated by the
sitution, and, conceive in gross derogalon OF the
% ~ law passed P congress 4 can
OF him to give secnrily and if the concession is
made that bond may be given, the time is not dis
,ant when security also. will be required to make that
bond etecual That. in nine cases of ten. could
not be done; and to require that il shall be done
equivalent TO declaring that the fugitive shall not be
co yered
But there is another objection to this provision it is
imposing restraint upon the right belonging to the
property OF the owner in his slave wherever he isthe
same property to be exercised in the absolute
ner in all places And if you right to restrict
give bond you interfere with his right 10 the prop
ery. But, sir, there is another practical objection We
all know that when these people become insubordnate
OF the owner probably in nineteen cases out OF twenty
not in larger proportion, when one is recaptured, 70
drpOSe OF nlm he cannot De taken nome; ne cannot
be put upon the plantation, and be permitted to mix
again with his associates. He cannot be trusted. He
has forfeited the confidence OF his MASTER and
him loose again among his fellows would be TO run
great risk OF communicating the whole of them. When
therefore, slaves recaptured. il is the usage
dispose of them and dispose Of them speedyto send
secure. That Is right incidental to the propery-a
right which you have no right TO restrain II you i'm
pose this restriction the master must deain the slave e
home 10 person. and he must therefore, at large until
he has an opportunity to assert his rights before the
courts. But, sir, this s unnecessary. The honorable
senator who has offered this amendment knows every
senator coming from the saveholding States knows,
| that the laws provide in all those States, in ample
manner broad and open way BY which every person OF
the African may claim his freedom before the COURTS
and be heard in relation thereto la my State, sir
and do not doubt that is the law OF Kenucky-they
not only entitled to be heard but the law requires the
ter, whenever prima face is made out, to file
bond for the forthcoming Of the slave He is allowed to
sue in torma pauper,s, and the law provides ample Sc
Of far as B
present instance without any claim whatever to free
dom being preferred home the law OF foreign gov
ernnent without authority so far as can see, to i'm
pose upon The owner duty inconsistent with the full
enjoyment OF his night OF property, and injurious and
preludcal to him. Yet this provision is retained in the
amendment proposed blythe honorable senator from Ken
lucky.
Again. sir there another provision contained in the
amendment which had proposed, and which adopted
by the Senate in committee which is not found in that
of the senator from Kentucky and which provides that
when fugitive has been arrested and his case has been
ufcae OF ownership delivered to the claimant, and
tody OF The fugitive turned 10 him. if he be arrested
BY force and violence, the United States shall become
responsible, and indemnify the provision differ
ent from that offered by the honorable senator from
Maryland Mr.. PRATrl-a provision announcing that
which suppose to be duty the part Of the United
States to take care that the right which adudged
der its cognzance should be secued-hat the rgh, be
made efecua and that any resistance be offered to the
come, that the party losing his property by violence,
through the netcency OF the law shall have his claim
upon the United States for indemnity. That is another
OF the provisions contained in this amendment, which is
be found in the amendment OF the senator from
Kentucky, MI; uspERwooDl
friend from Virginia that will vote for the bill which
he has prepared if il is not the pleasure Of the Senate to
adopt that which have offered. ! am anxious myself
to OBTAIN something that will be practical, and upon which
we can all unite 1 have heard good many comments
upon his bill. will not go into them now The main
idea which governed me in constructing the amendment
which have offered was to conform as much as posi-
BILE the act OF l793 upon which thought that all gen
temen could unite, and that afterwards when we had ths
thing upon that basis by merely attaching such provisions
as could command the votes OF majority, we should
complete the bill Among these might he some OF thu
provisions mentioned by my friend from Virginia There
s one OF those propositions which shall certainly vote
for when comes up-namely, that which relates tt
compensation 10 the MASTER when his slave IS esuced by
violence But have left out that provision, because
wanted as stated put myself upon the basis Of tba
act and then how much that could go
adding other efficient provisions.
made many remarks upon the second branch OF th'
amendment proposed by the Committee OF Thirteen
which think entitled to respect; and those re
marks made by him the most important he has made
beg leave call the attention OF the Senate and OF
friend from Virginia TO those remarks. His objection
founded upon this that Congress has right whaieve
to make requirement that the OF the slave saou
execute bond; and VI that section stands will be al
owiedgment OF the right the part OF Congress
interfere between the and his right OF property II
the slave. Now. SIR, when suit is brought by sav
at home, which the senator has correctly said may b
brought in the courts of bis own State well as o
mine. courts will require the master to give BON
and security have the slave forthcoming, and give hu
every opportunity to prepare for trial DO you no
perceive that there much interference here witt
the rights of ownership, in that intepositon tn
part the State legislatures, in the present case
Ii is Identical The right OF the master, while th
, negro is claiming freedom, and while the master 1
claiming that the negro his slave, is lnterered with
He is permitted to dispose OF the slave during the ex
sence Of this controversy, because, peradven,ure II b
allowed to exercise that power, he may sell IRE
man.
/ The laws and judicial proceedings in the senator
State well in my IN this respect, are ldenca
with the proposition contained in this amendment Tn
only thing then, which the senator do will be TO
deavor to show that the States may egitmatey restrain III
master from dsposing OF his property until the quesio
Of freedom slavery shall have been decided but Con
gress cannot exercise similar power He will be driven
1 in order TO maintain the posiuon he has assumed,
contend that there is distinction between the power
State and that of the United States; and unless he
fail to establish his position. Now, sir, in reference
this bill, the question does such distinction exist
The constitution OF the United States provides for tn
| reclamation pf fugiyca from labor. mos