The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-29


FIRST sEssioH.
MosDAv, January Is, 1850.
SENATE.
Private petitions we're presented by Mcssrs DIcx-
,ssos. Msssgs. Husrsn. , SswAaD, HAMLIs.
DopeE Of wisconsin. FooTE, FEIcn, BALDWIN,
Cas-. Rusx, KIro, UsDEAwooD, PEAacH, YuLEs.
DsADBuay, and BEaaIEx
The SsssS y M.:
BALDWIN, PaArTs and BsApsuay.
Papers on ale wsrs Withdrawn, and referred 70
appropriate commiltees on motions by Mcssrs.
BADosa, Hurrsss ssssLps. ArcHisos. and BALp-
Mr.. SEWARD presented I memorial from the
Chamber Of Comincrce of New York praying the
establishment Of . branch mint At New York.
recommending tho passage Of law granting the
freedom Of the public land 70 actual settlers.
Mr.. MASON presented tbe memorial Of the
poraiion u Georgetown. praying that they may
about the Chesapeake and Ohio Canal.
Mr.. DOWNS presented the memorial Of the
widow and sureties Of Judge Baswosth, late pay
master Of The army. praying relief from judg-
peculiar circumstances attending the Gaze, and
earnestly hoped that Il would receive a favorable
Mr.. COOPER presented the memorial Of Mr..
cute for Congress an equestrian statue o. wash
Mr.. CASs presented several memorials, praying
that hogging may be abolithed In the navy.
tions with Austria b suspcbdcd
Mr.. CLAY presented ! memorial relating 10 the
Great Pacific Railroad, am proposing its east
crn terminus, Columbus. lentueky.
Mr.. BRADBURY presented several memorials,
praying that the Of ARDENT spirits be disallowed
in the navy.
REPoars raoM roMMITTEEs.
MIR. BORLAND, from lie Committee ON Public
Lands reported back Ill granting the State Of
Arkansas certain inundAtA lands, with report.
Private bills were reporqd from several commit
tees by Messrs. BALDWIN, NoRRIs, Dowxs, YULxE,
Mr.. KING, from the Committee on Foreign Re-
lations, reported bill Authorizing the cancelng Of
the bonds given by the otners OF the war-stearner
Mr.. DAVIS, Of Massac, usetts. from the Select
Committee the Censut reported bill making
provision for the taking II the next census; and
moved that it be made thcspccial order Of the day
for Thursday next.
Mr.. FOOfE thought thfe was no use for fixing
such an early day; other important subjects must
be settled before the ordinary business of Legislation
could be taken up.
The motion was then a4pted.
BILLS oNLEAvE.
Mr.. FOOTE introduced q bill for the relief of
Margaret E. Carncs, widow Of Peter A. Carncs;
also, a bill granting 10 thu States of Alabama and
Mississippi donation ofland to aid in the con-
struction of railroad froh the city of Mobile to the
mouth Of the Ohio river.
Mr.. WALKER INTRODUCED a bill to cede the pub
lie lands Of the United Staes to the States wherein
they lie respectively, coalition that they be sold
by the States To actual settlers only and that their
price shall not exceed thu cost of survey and cx-
penses of sale.
Mr.. FOOTE introducedlhe following resolution,
which lies over:
Resolved, That, in the Judgment of the Senate,
it is cxpedent to re-establbh diplomatic relations
with the government of tie Germanic confedcra-
ton.
Mr. DODGE, of Wisconsin, introduced the fol-
lowing resolution, which LIS over
Resoioed, That the SECRETARY Of the Interior be
directed TO communicate the Senate statement
showing the number Of ores of land within the
present area or the MiIwtukie land district; the
number of acres sold, and the quantity remaining
unsod; as also, statement OF the amount received
for the sale of public lands stuaed within the pres
ent limits of said district discriminating between
the amount paid for suih lands in the Office at
Green Bay, and that paid nj Milwaukee since the
establishment of the land bfice at the latter place
The special order of thl day, being the bill max
ing further provision for te execution Of the clause
of the Constitution rclatiig TO fugitive slaves, was
then taken up.
Mr. MASON said he dsired to bring this bill to a
vote possible, j order that Il might reach
the other House in time pr speedy action. While
and that the slaveholdirg States should have some
little additional protection of their rights and pro-
perty-a protection which should require no law to
secure, IT being expressly declared in the funda-
mental law of the land-h had but little hope of any
good results from il. The Constitution was in
tended by its provisions To all that this law
proposes. Yet that Constitution had been set aside
and totally disreg.rded y large portion Of the
people OF the United Sites. He had very little
hope that this law would prove any way advanta-
geous 10 the South law would be considered
binding or would be observed, unless by people
governed by principles Of loyalty 10 the Constitu-
ton That Constitution has already been set at
nought by the northern people, and he could not
expect that this law would be in any manner more
strictly observed. Theie were two clauses in the
fourth article Of the Constitution which had kim
dred object The first was, that persons charged
with treason, felony, or other crime, fleeing from
one State 10 another, should be given up 10 that
State having jurisdiction Of the offence. On the
same page was another clause stating that persons
bound 10 labor In State fleeing 20 another State,
should be given up TO the person entitled TO the la
Dor Of the fugitive. These two clauses were identi-
cally the same in object and should be equally car
ried out. For this clause in the Constitution the
northern or Notwithstanding States received an
equivalent. For this clause and the prohibition of
any power in Congress 10 legisate upon the impor-
tation OF slaves TOR twenty years, the South gave up
the two-third rule, as TO the regulation OF COM
merce. And the North and the south, IN the con-
vention which framed this Constitution, solemnly
entered into an agreement which forever made this
compact binding; dhis agreement was that the Con-
sttution should MOI be amended without the con-
sent Of two thirds a the States.
BY the Judiciary act of 1893, these two clauses Of
the Constitution were considered a. equally binding
upon the authorities Of the State In which the fug
tive found. The Legislation Of the States Of
Pennsylvania, Ohio, Connecticut, and Msssschu-
setts which prohibited any Of their State officers
from aiding master in the recovery Of his slave,
held 70 be in direct violation OF the Consttu-
ton. An opinion a Attorney General Randolph
read 10 show that all surrendcring up Of fugi-
tivcs, either under tho clause relative 10 fugitivcs
from justice, the clause relating 10 fugitive slaves,
must be by the authorities Of the State where the
fugitive IL found. All laws which prohibited the
officers Of the several States from aiding master
TO his slave must be unconstitutional. II IL,
therefore, obligatory the part Of the State where
the fugitive is found 20 give him up when he u
claimed. The State Of Pennsylvania, as far as vir-
GINA concerned, wss the great offender. That
State, in 1S26, passed law making every neccs-
sary provision 70 carry out this clause Of the Cons
tuition. In l547 that law was repealed, and notonly
repealed, but another feature added; II was made
penal offence for any one 10 aid IN the recovery
of n fugitive slave This law was clearly unconsti-