The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-22


mines The condition Of the person The slave becomes
free man He refuses TO be considered any Longer as
slave, o. 70 continue N the service oil master VINO re-
CARDS him such. He may do so. He has perfect
right do according TO the decisions OF the courts OF
slave States And yet II he exercises this uhdensbe
right what complaints do not hear OF abolitoDiss en-
icing away servants slave stealing and all that And
the master, under the circumstances asserts heght
TO service and undertakes TO take that person out or the
State by simple force without the aid OF any legal pro-
cess or any judicial warrant does not every gentleman
that there must necessarily be excitement ana con-
test And yet resistance TO TINS illegal assertion OF
authority would be sgmalized as unwaantaole lnieer
ence with saveholding rights.
was glad 10 hear the senator from South Carolina say
he agrees with me in thinking the provisions OF Inc CON
stitution on this subject clauses OF compact ! nave
never entertained doubt about that And do believe
that il there had been any legislation by Congress
on this subject, there never would have been nall the
complaint or half the difficulty which has arisen
The question then being taken by and nays on the
amendment OF Mr.. DAYTON to the substitute OF Mr. MA
SON, they resulted as follows:
YEAS-Messrs Chase Davis of Massachusetts, Dayton,
Dodge Of Wisconsin Greene iamn. Phelps, smith, Up
ham, Walker and Winthrop-ll
NAYS-Messrs Achson. Badger, Barnweii, Ben, Ben
ton, Berrien, Butler Cas Davis OF Mississippi DAWSON
Dodge Of Iowa, Downs, Houston, Jones' King, M.ngum'
Mason Morton, Prsr Rusk. Sebastian sone' surgeon
So the amendment to the amendment was rejected
The question then REQUIRED the substitute OF Mr..
Mason.
Mr. CHASE offered the following amendment
Strike all the word executed in line 10, sec
ton T. and insert;
May apply any commissioner appointed by this act
and shall be The duty Of said upon said
applicants giving security costs and filing
affidavit setting forth the name OF the alleged fugitive,
the State in which he or she held service, and the
fact OF escape oresad, issue his warrant directed
TO any officer authorized to serve process requiring him 10
the alleged fugitive il found within the State and
bring him her before himself, other commits
appointed in said State under this ac for exanna
ZION the forth said AFFIDAVIT and said
shall be executed in other and upon the
return thereof b fore any commissioner aforesaid duly
requiring hun to summon jury Of Twelve disinteres,ed
eehodsrs, who shall be sworn well and truly Try the
and true verdict render whether the alleged fugitive
held SERVICE and escaped from the State where so
held, forth in said aidavit and the said commits
souer shall preside the trial, and determine The com.
potency OF the proof And the commissioner shall make
such orders custody and ball. connuances Tor es-
and other matters may be necessary to secure
full aud fair trial. and impartial decision And ii the
said jay should find by their verdict that the alleged fugi
tive held service labor by the claimant any
State under The laws thereof and did set FORTH
the said co nmssionsr shall make order rectng said
Verdict and Authorizing the claimant MS agent or attorney
as Aforesaid, said iusiuve 10 The Slate from
which he or she fed. and the said commissioned shall
make an accurate transcript All his proceeding IN each
under this act, and file the the office OF the
clerk of the circuit OF the United States Tor the DIS
uict Tor preservation.
tue trial by jury OF the question OF claim CLAIM
Its effect is the that OF the proposition just re-
jected
The question being taken upon the amendment, it was
MIR. WINTHROP. Mr.. President Propose an amend
ment to the third section in the forty seventh ine-o
send to the Chair.
The amendment was read as follows
Provided. hooeUer, That certificate of any commits
sioner as herein provided io shall a answer 70 "a
of habas issued by Judge oil STATE United
States who be authorized by law 10 issue the
other officer who may any certificate
Ia the provided for in this BILL TO Inform the
party claimed might've OF his right To said writ
habeas corpus in said supposed fugitive de
mand that the ioms proceedings, aud residence shall
be according to the laws OF the place. as IN other cases
where said writ is issued
Mr. WINTHROP Mr. President | propose 10 say a
single word only in behalf OF this amendment In the
Commonwealth which have the honor in part TO repre-
sent there strong sentiment that the great principles
OF the habeas corpus and trial BY jury should be recog
missed in all where personal freedom at stake.
The right OF jury trial has been already considered and
has been rejected after a debate which has, perhaps,
covered the principle now under consideration de-
sire STILL however 10 take the OF the Senate upon
this amendment II proposes that when the commissioner
shall have decided in the summary provided for
in this act-and most summary manner certainly is
that the alleged fugitive shall be delivered up, he may
have the right TO writ OF habeas corpus if be shall
h TO demand H. and that his shall be referred TO
Judge of the State United States courts order
that II may undergo rehearIDg in the presence of a
more responsible magistrate than this bill provides for
Mr.. MASON. Mr. President, The part OF the bill the
amendment Of tie senator from Massachusetts (Mr
WHTHRoPl proposes to strike provides that in no
trial hearing under this act shall the testimony of such
fugitive be admitted in evidence II il stricken out
therefore, II will be competent for these commissioners
admit the evidence OF the fugitive slave, il the fugitive
hinks proper 10 give H. In some OF the States
provision has been made that their testimony shall be
ceved as evidence IL would TO be important
that thsprovision should be retained in the bill-tha,
the evidence Of such fugitives shall be received
The section further provides that the certificate OF the
commissioner "shal be conclusive of the right OF the
person persons whose favor granted such
fugitive to the Stale Territory from which he escaped
and shall prevent all moestaon OF said person or per.
sons by any process issued by any court, Judge, mags
trate, or other person wbomsoever"
Ihs amendment also proposes 10 strike that out.
In Mr. preai sim
pity my amendment will propose that il shall be modi-
ned 10 strike out all OF the third section after the
forty eighth line commenced at the bedkning of the
paragraph.
Mr. MASON The effect of the amendment thus
modified will be TO take away from these certificates their
character of conclusive evidence OF the right of the per
son persons 10 the fugitive the State from
which be escaped
Mr.. BADGER, lin his seat) II will take away the
character of evidence altogether
Mr. MASON, tresumingl or course, it will take
away all character OF evidence, and 1t will also give au.
hoty to the Judges of the State courts IL they choose
to assume II, TO Try the again, upon habeas
corpus IL this certificate IS to be OF any value whaey
submit to the Senate that il must be conclusive and
prma aesnf violence OF the before the commission.
II is Wbthing IL does NOT decide the right OF
freedom, bat is only the evidence OF the fact that he is
fugitive from service and labor, whether rrbtfuy or
wrongfully held in the State from whence he fled Ii is
not competent for Congress- and do not intend do
H. to prevent the issue OF the habeos corpus The con-
stituon of the United States prohibits the Congress OF
The United States, the State courts and the State legisa
lures iron prohibiting the issue of the h1beas oorpss
cept IN the condition OF the country prescribed by The
sulution-which is follows:
The privilege Of the writ Of hata, eopss shall be
mil uasrA. H. .I..li.a