Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

would like to AMEND that amendment by saying mat ne re-
cord should be made up in the county from wnlcn sns
fed YOU were to have record made in any part OF tne
State that would allow frauds be pePetaed BY allowing
wder pretence that slave had ned nom me western
part Of Fsnucky to obtain record In the eastern part OF ina,
State To prevent u: pse s tau %Ou
be amended by recurring that the record should be made up
in the county whence the slave fed Now, with that record
in his hand BY the owner your were
nv the FEDERAL coua what would they have do Nothing
hut % decide the question of identity Here Is the record
ne description giving the character Of the slave whether male
or ae bis her age, and appearance and color and all
nacessary particulars Then your commissioner or magis-
ttacsl him what you peass-has nothing do but to de-
eide the question Of identity And why do you want jury
for that purpose Sir, you Just pass yo1r bill making SIM
ply provision that your magistrate OF upon PROOF
Of IDENTIFY shall his warrant for the removal OF the fug
tive to the place whence he alleged to have fed, you VIII
have every thing which my constituents require.
There 10 one suggestion which wish to make, anu
them believe shall be through Irefer TO the moos 'nas
nave been spoken Of and the evils which grow out OF Them 10
the cases Of the Of fugves notice that N inc Dill
there provision that any sha! oosuuc rescue q
inerposs amy difficulties In the way OF tne 2, s IT,
turn of fugitive slave his owner he shall DC nned In ne
sum of one thousand dollars. Now, the dfhcuy o. sucn
provision grows out of thhat most OF those persons VINO
thus interpose worth cent ana thus your penal
ty of thousand dollars does not touch them AZ All
Mr.. MASON. But there is provision Tor Imprisonment
Mr.. UNDERWOOD. All that is an amendment which
did not notice II suPersedes the oc|ecuon wnicn wa
impose the penalty Of imprisonment as well as hne 90 az
to reach those who have money! and who are ~ Tar the
most Of that class Of who are thus
Ii preventing this provision of the constitution from being
carried into effect that provision is made supersedes
nv objection. had read, indeed had heard that
such provision in contemplalon and ana glad 70
hear II now Then sir the whole measure, seems to
can be made perfectly simple Amend the act Of l793 ac-
cording the suggestion Of the Senator from and
provide for Of magistrates which State legislation has
deprived of provide for the making o. record and me
1of Tho
and then provide for the infection Of sufficient penalty upon
those who obsuc the execution Of the law and think the
whole work will harmonic and give satisfaction those who
are most interested in this subject.
Mr. MASON. took little interest in learning the
facts Of the case just adved to BY the honorable Senator
from Massachusetts. undersood the Senator TO- reply to
the question Of my friend from South Carolina winch was
whether he ever knew Of any instance in which man claim
ed as slave by claimant from slave State was found to
be free man and slave and the Senator by way Of adj
ducng CASE nstanced that out Of which this law OF 1893
grew The history Of that law understand, think, as
well as the honorable Senator from Massachusetts, and
this Three men, from the State Of Virginia, went into the
State Of Pennsylvania, and carried of negro and brought
him to the State of Virginia. f
Mr.. WINTHROP A free negro.
Mr.. MASON. And they were indicted in Pennsylvania
for kidnapping" it is called demand was made by
the Governor Of Pennsylvania upon the Governor Of Virginia
for the restoration rather the surendeDg, OF these three
men fugives from justice, the offence charged being that
they had committed felony in taking off this negro who was
alleged to be Free Now want to know from the Senator
MaSeacnu6etts WneIc
in Pennsylvania free man, and not slave
Mr. WINTHROP. will answer the honorable Senator
from Virginia with great pleasure IN hrst place. sr our
rule Of presumption in Massachusetts precisely opposite
that which believe generally prevails in Virginia We
hold that every coored person freeman until he proved
to be slave. Now, there is proof or allegation any
where that this kidnapped was not heeand the very
indictment found against those who seized him and sold him
would seem to settle the question that he stated,
however, in the second place. that he freeman, upon
the evidence Of report which made to the Legislature
of Massachusetts, ago. BY committee which had
Investigated the facts and which describes him as free
negro, named john" do not understand, moreover that
any Of the proceedings connected with this case or in any
Of the papers communicated to Congress at the time, the sug
geston any where made that this man was slave but
the contrary understood that those papers where
speak Of him freeman In regard to this point however,
am ready to be corrected.
But sir called up again upon this subject can
not resist the opportunity of giving answer to the
inquiry of my honorable friend from South Carolina, (Mr
BUrLER) His question in substance is where 10 there an
instance Of free person being seized as slave Now, sir
he must allow to remind him-and assure him that do
in spirit of elimination reproach-tha such
thing may happen under the laws Of bis own
State It is we'll known, and believe that the Senator
from South Carolina himself has occasion expressed
his regret the acttha the State Of South Carolina, and
other avehodng Saes have laws upon their statute books
under which free persons Of color coming from Boston
New York Philadelphia, any other Of the commercial
cities of the Union, in Northern vessels and arriving in
Southern ports may be sezed without any charge of crme
and without any examination except ascertain the color Of
their skn-mAy be carried shore and imprlSoned-and
unless when the vessel Sails the of the vessel should
reclaim them, and pay pretty heavy reckoning for their
maintenance in Jail during the whole period Of their deten-
ton, may be sold into slavery for life. Now, supposing
that free coloed of the State OF Massa
chuset any other State, having been seized. while
board of vessel in which he lawfully engaged and
having been imprisoned and sold into slavery IN the manner
and under the circumstances which have stated should make
his escape and should succeed in getting back to the port
from whence he saed-would there be any thing very
unreasonable in calling for trial by jury upon question
whether he should be remanded into slavery Would it be
altogether incumbent upon us, do you think sir to take the
oral testimony of the camaneven though he might
have purchased the negro bona and at the same time to
refuse to take the testimony of the fugitive hmse OF those
who might have known him freeman before he went on
the i'll starred voyage which terminated in his being seized
and sold as slave @
Here again, then, is case, in which such an occur
that alluded to by the Senator from South Carolina
might happen. do say that it is very likely to happen
but cannot help adding this connection, that in udg-
ment there Is no grievance complaint which the Southern
States have aayed against the Northern States which
be compared for moment with the grievance which the
Northern States have complain Of at the hands Of the
Southern States in the provisions Of this lava law by which
the cooks and stewards engaged board their vessels and in
the prosecution of their lawful empoymsns thus liable to
be seized and sold into slavery.
Before taking my seat s Twill venture to make sug
geson, little practical perhaps in regard to this
mary recommended by the amendment Of the Senator
from Virginia. Here referred to in his report
the celebrated the Commonwealth Of Pennsy
Pngg What the circumstances Of that II seems
that negro named Margaret Morgan had fed from
service and escaped Pennsylvania in the year 1882 and
kk& L~1