The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-11-06


the land our fathers made il, and we have, sworn
TO support it, The obligation just as sacred under that
supreme law to surrender fugiyes from labor ugi.
States as imperatively commanded provide the
necessary legislation for the for the other. The
act OF 1893, to which have had occasion to refer
frequently, and which has been read you. provided
for these two in the bill The first half Of
that act, relating to fugves from justice. applies from
The nature and necessity OF the case principally % white
and the last half for the reasons, applies
clusvey 10 the blacks have shown you, by reading
and comparing the two laws in your presence that there
is constitutional guarantee, commOn-law right or
legal OF judicial privilege for the protection OF the white
against oppression injustice under the law passed
in 1893, and in force for the surrender Of fugitves
behalf Of the negro, when arrested fugitive from
labor under the new law What more can the friends
OF the negro ask than that in all his civil and legal
on equal footing with the white man Il is said
that the law ia susceptible of being abused by perjury
and false witness In what human enactment does not
the same objection lie You or any other man, who
was in California in his life, liable, under the
constitution, TO be sent there in chains for trial fugi
a ~ and n for into
effect wrong, and should be resisted, told
last night, TO the dungeon the gbbet and the grave! II
only demonstrates the necessity OF providing all the
safeguards that the wit OF devise for the proec
ton OF the innocent and the fee at the same time that
we regiolsly enforce according 10 the letter and spirit
the recently passed for the surrender oil ugves from
labor accompshes all this but will thank any gentle
man to point out any safeguard against abuse n the
old law or in the law for the surrender OF fugves from
Justice not secured to the negro under the new law
pause in order to give any gentleman an opportunity to
point out the provision invite inquiry and sxamlna
and preudces-and 10 avoid violence and bloodshed
Will any gentleman point out the provision in the old
law for the protection OF the Tree man that not secured
to him in the onel
IA gentleman present and called the attention of
Mr. Douglas to the provision for paying out Of the treas
ury OF the United States the expenses OF conveying the
fugitive back in case Of anticipated resistance.l
All said Mr. D. that is question OF dollars and cents
involving no other principle than costs OF the proceed
ing was discussing the question OF human rights
the mode Of protecting the rights OF free men from nya
sion and the obligation Of surendering ugtves under
the constitution lsit possible that this momenous cues
importance enough 10 justify the city council TO nsl!fy
an Of Congress- and raise the standard Of rebellion
against the federal government and which wa; supposed
committee OF distinguished men in this hall last night call
ing upon all good citizens resist this law, in obedience
to the higher law OF God by violence even 10 the dun
geon and the grave--has dwinded down into mere
petty dispute who shall pay the costs OF suit confess
my utter inability this occasion to discuss that momen
tous question Yesterday the constitution OF the ocean
bound republic had been oyerthrown. the privileges OF the
writ OF habeds corpus had been suspended, the right OF
trial by jury had been abolished, pains and penalties had
been imposed every humane citizen who should feed
the hungry and clothe the Naked the law OF God had
been outraged by an Infamous act OF IaltOrous Con-
Congress- and the standard OF rebellion raised by city
fathers was floating in the breeze, calling upon all good
citizens rally under its sacred folds and resist with fire
and sword-wba The payment of the Of suit upon
the arrest OF fugitive from labor
s there any other objection to this law which any gen.
teman would like to have explained | hope no one
will be backward IN proponndng jnqutiesi Tor have
but few days TO remain with YOU and desire to make
clean business OF this matter on this occasion.
Ia gentleman and desired TO know why the bill pro-
vded for paying Ten dollars TO the commissioner for his
fees in case ne decided favor OF the claimant and only
five dollars il he decided against hip.l
presume (said Mr. Douglas) the reason was that he
would have more labor TO perform II, after hearing the
Testimony, he decided in favor OF the claimant the law
made it his duty prepare and authenticate the neces
say papers authorize the claimant to carry the fug
tive home bu, he decided against him. he bad such
labor TO perform The law 10 be based upon the
principle that the commissioner should be paid according
the service he should rendeve dollars for presiding
the trial. and five dollars for making out the papers,
in the testimony should require him TO return the
fugitive. This provision seems TO be exciting consider
able attention in the country; and have been exceed
ingly gaied at the proceedings OF mass meeting held
not far distant, which IL was resolved unanimously
that they could not be bnbed for i've dollars 10 consgn
Tree man perpetual bondage This shows exalted
state Of moral feelings highly sredi,able 70 those who
ihem under the high mora sense, to instruct their
Representative the legislature TO reform our criminal
Under our laws as they have stood for the seventeen
years have been citizen OF the State in all criminal
cases, the preliminary examination before the mags
rates and in all the higher courts the prisoner be con-
vicied the witnesses and jurors and all the officers
entitled their fees and bills OF cost but II he be
acquitted, none OF them receive cent In order TO diff
1
communy would il not be well at their next meeting 10
pass another resolution that they would not be brbed by
the fees and costs OF suit in any case either as witnesses,
Jurors magistrates, or in any other capacity 10 consgn
an innocent TO a dismal cell in the penienary, or
expose him TO an gnominous death upon the gaows :
Such resolution might do great deal OF good 10 de-
noting The character o our citizens abroad at the same
time that il would inspire implicit confidence IN the lib
eraiy, disnteesedess, and consciousness OF those
who adopted IL.
| Is there any other objection TO this law
| IA gentleman rose and called the attention OF MIR.
Douglas TO the provision vesing the appointment OF the
commissioners under IN the courts OF law, instead OF
the President and Senate and asked II that not vi
olaion OF that provision OF the constitution which says
that Judges Of the SHpreme Court and OF the inferior
courts should be appointed by the President and Senate
thank The gentleman (said Mr. d. for calling my at
tenon 10 this point TWAS made in the speech Of dis
tinguished lawyer last night, and evidently produced
great effect upon the minds OF the audience The gentle
mans high professional standing, taken in connexon
with his iabofious preparation for The occasion,
apparent TO all from his Lengthy written brief before him
while speaking, inspired implicit confidence in the
RICHNESS of his position,
My answer TO the objection will be found in the const
tuition itself, which ] will read;
The President shall nominate, and by and with the
public ministers and consus judges Of the Supreme Con
and a other officers Of the United States where appoint.
meats are not herep oberyi.s provided Tor, and which
shall be established by law"
Now, II will be that the words .inferor seuris'
not mentioned in the constitution The gentleman. in
polluted those words and then made plausible argument
| upon them. ] trust this was all uninentona or was
done with the view Of fulfilling the "hgher law" But
there 10 another sentence in this clause OF the con
stntion which have not yet read. IT 10 as follows;
Bat the Congress may by law vest the appointment OF