The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-07
CONGRESSIONAL.
spEEoH or ma, USDERwooD.


sPEEoH or ma. USDERwooD,
OF KENTUCKY,
Oa he &auery Question deiioered IN he Senate of the
United States, dpra 3, 1850.
The resolutions submitted By Mr.. BELL, which Mr..
FoorE had moved to be referred to committee of thir.
teen. being under consideration
Mr.. UNDERWOOD said Mr.. President, | wish 10 re-
ply TO the gentleman who has Just taken his seat
Mr. FOOfE. Does the senator from Kentucky wish
TO do so al this timei
of am very desrous to economze time In my opin-
ion, Mr. President, The settlement of the agtang ques
ions now before the country will depend in very great
proper bill for the reclamation Of fugitive slaves pro-
ose at this time say something reply the gentle
man who has Just taken his seati and may ask the in
dugence OF the Senate % say something hereafter the
general questions involved ia the resolutions submitted
BY my colleague From some remarks made by the gem
tleman from New Hampshire Mr. HALEl the other day.
thought there would be an attempt to establish rib
nal under the authority oil Congress- settle conclusive
y and forever the question OF the slavery freedom OF
fugitive 10 the Stale IN which he may happen 70 be appre
hended. thought saw that foreshsdowed in the re.
marks made BY the gentleman from New hampshire
and then took occasion to submit few suggestions by
way OF reply. / now hear ii distinctly avowed hy the
gentleman from Connecticut tMr. baldwin, that such
his plans that the tribunal be established must not
be mere commissioners, limited in his powers to those
usually conferred upon mere courts OF inquiry. and
authorized, in it appeared that the negro arrested
was actually fugitive from labor. direct his return
70 the State and jurisdiction from which he escaped
power and authority to decide ultimately and finally
whether such fugitive rightully and legally held TO
labor IN the State whence he feds in other words, to
adudicaie and determine the question of freedom or
slavery.
Now. sir presenting the question in that point of view
becomes one, IN my Judgment OF vast importance to
the people represent; and cannot remain silent and
discharge the duties which | conceive am under to
them. Suppose the genilemans court vested with full
powers, should be constituted, will the Senate be pleased
10 consider the probable results Of its operations
slave from Kentucky Is arrested at Detroit in Michigan,
ecoect that is only necessary to cross river about
amle wide 10 get into Canada y he is arrested in Mich.
gam and, according to the plan suggested for
sderaton, the tribunal which is decide whether
he shall be returned to Kentucky, also to decide the
question OF his freedom or slavery, and that forever
How long will il take to prepare the for final trial
Will any gentleman answer that! Can II be done in
week; in month or in six months Say week, SIR
and every here must know that will take ten times
that onghut say week what is TO become OF the slave
arrested in the time lshe to be put into jail and
kept there until the day assigned for the trial The
northern States-many, il not alreuse to allow the
Of their jals tor such purpose Will he have any spon
to into bond and security for his appearance
upon that day Will gentlemen be pleased to consider
the question what is to become oil the slave between the
time OF his and the time fixed for the final adjndi
cation of this tribuno upon the question OF freedom
or slavery
Now sir, those who speak OF constituting this tribunal
ought 10 consider that question, and tell what in the
meantime, is to be done with the fugitive. can tell
wha! will De done in q certain contingency L BY the
operation of this judicial machinery, you allow the
fugitive TO 20 at large, knowing him 10 be slave,
before the time arrives for trial he will the river,
into Canada and there is end of the whole affair
Sir, speak with practical knowledge this sub
ect former neIghbor OF mine, but now resident OF
Missouri, lost one OF his slaves He arrested the slave
action Of assault and battery and false imprisonment
instituted in behalf of the slave against the MASTER
who was held TO bail in some two or three thousand dol
lars, and for want Of bail imprisoned The negro
thus liberty, while the master was in jail crossed the
nver and made his way into Canada. requested to
send the testimony TO show that the negro slave,
and that Mr. Dunn the individual thus confined was his
master This accomplished, and Mr.. Dunn was soon
relieved, but his slave was gone, irrecaimaby gone.
Now here s practical case put Il TO gentlemen 70
done with the slave between theaest and day OF trial
Shall he be confined five six months during which
time you are taking preparatory steps for final adudica
hon Or is he 10 go at large and into Canada
wben-he pleascs TO do soi We all how il will ope-
ne Sir object to this idea broadly advanced by
the gentleman from Connecticut that this new tribunal
which about establish shall be vested with the
power Of finally deciding the question OF slavery free
DOM think, under the constitution OF the country, IL
not necessary 10 grant any such power to this new
tribunal. My friend from Connecticut seems suppose
that the question OF freedom slavery intimately
and essentially involved in the inquiry whether person
fugitive from labor that you casnot avoid deciding
be enjoined by the constitution of the country, admit
that we are bound to comply with the constitutional in
aocGo whatever i may Y cost 20 although is practical
who reaches the territory OF non slavehoding State
II we are TO have new tribunal. judges and jurors
OF the laws OF the
State from which the fugitive escapes and upon which,
IN ninety nine out of hundred the rights OF the
parties dependhen the cost of the pursuit OF slave,
with the expense delay, and harassments incident TO
Woraeed litigation before such tribunal, will be more
than the slave WORTH and the master will be the loser,
even should he un the suit therefore shall say to my
constituents slave escapes, and the remedy for his
recovery better than that proposed by the gentleman
from Connecticut. Give him up; do not waste your
money and your time in the Improbable contest" !"
Are we bound BY the constitution to create this new
judicial tribunal, having the powers OF final decs-
ION upon the masters right and title TO the sIave think
that all we are bound TO do is to ascertain through some
appropriate and proper tribunal whether the individual
arrested be prtud face fugitive from labor II pri-
ma facie is made out, insist ii we respect and
obey the constitution of the country the fugitive must be
restored 10 the jurisdiction whence he fled, and there the
investigation and trial in relation the ultimate question
Of freedom or slavery should take place.
Now sir, that position be maintained by far argu-
ment, and proper view OF the constitution The
expression is, that fugitives from service labor
"s1a be delivered up on claim OF the party TO whom
such service OF labor may be due" The gentleman says
that you must therefore ascertain whether the fugitive
was fghifully held TO service or labor IN the State
whence he fed The constitution does not prescribe the
extent OF the investigation Is limited by express
terms 10 the asceainment OF prfpa fdce case OF sla.
very does not declare that the whole merits OF the
masters title shall not be fully considered and deter
mined therefore not prepared to say that II Con.
gess were TO organize court, and vest II with maj and
conclusive Jurisdiction, that the act would be unconsti.
iul,ona But is certain that the act passed in 1893 did
not 20 further than to provide for the restoration oil fug
i've slaves upon prompt examination before the mags-
ta,es Of the States and federal Judges Under this
no jury trial was required nor would the proceedings,
the fugitive remanaed IN he whence