The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-21

supulatlons relative TO fugitive slaves 10 be fait
fully fulfilled TO cease the agitation Of the sla'
question these think necessary to insure tra
! quilhty 10 provide, by amendment Of the Coz
stitution, for restoration to the South Of n
power she possessed Of protecting herself befol
the equilibrium between the sections was destro,
! ed. Events, however unwillingIy, have force
upon me the conviction that such additional pr,
lection, If not now, will become necessary.
The subject was postponed till tomorrow
The Senate then proceeded to the considerable
OF the California Question, on which Mr. DouS
las addressed the Senate for two hours whei
without concluding, he gave way for motion {
adjourn.
THURSDAY, March "a, 1880
large portion 1f the morning hour was cor
sumeu IN debate on the reception Of petitio
presented by MIR Seward of New York, fror
citizens Of West Bloomfield, in that State, pray
ing that the right Of trial by jury may be secures
10 persons claimed as fugitives from service 0
labor.
Mr. Seward moved that they be referred TO tn
Committee for the District of Columbia
Mr.. Pratt Of Maryland objected to the recep
ton. or all the subjects producing excitemen
AT the south, and working mischief, that of es
Gaping slaves was the most prominent one III,
hoped therefore that the petition would not be re
ceived, and he demanded the yeas and nays
Mr.. Hale had heard with establishment the re
marks of the Senator from Maryland So far a,
he knew, person claimed as a slave in a slave
state had the benefit of legal trial-in most
cases trial by jury Why should the freeman
OF the North be denied the same privilege
What was the bill before the Senate, referred 10
by the Senator. As he understood it. any man
2ast 'sAea e viotiEi, sS scN,& pa90.as .1.,,.,
WIS under this law, may 60 into one Of the free
States; he may 60, Mr. President into your house
or into mime he may seize your wife or your
child, and upon an p7rte affidavit, taken behind
our backs, hundreds and thousands Of miles of.
the wife of your bosom or the children Of your
love may be wreuched from your protection, and.
upon the strength of this pdrts affidavit, hur-
ried off -
MIR. Butler. Blacks.
Mr.. Hale. Sir, it does not say blacks, but any.
BODY and ] have seen some that are holden "a
slaves that 1t would be difficult to tell by their
compilations what their parentage was. | say
that anybody, black or white, upon the strength
OF an &c parte affidavit, taken behind their backs
may he hurried off TO fate compared to which
the refuge of the grave were q relief And is il
too much, sir, that We ask, aud simply ask, that.
when such claim as this is made, trial by Jury.
H@oeaS corpus, and every privilege dear 10 free
men, may be exercised in our own States
Mr. King of Alabama called the Senator to Or
der. There could be no discussion on the motion
TO receive. After it was determined that the pe
nnoh shCNiNa be Received, it would be time enough
for the gentleman to deliver his eulogy on "the
blacks and the horrors of slavery
The Vice President was Of opinion that the
discussion was in order
MIR King insisted that the Chair was wrong.
The Vice President said he did not know by
what rule the right to debate on the question of
reception was limited.
Mr.. King referred to decision made by Mr.
Clay, when Speaker of the House, that petitions
must be sent to the Chair, and first received be.
fore debate could take place
The Vice President remarked that when that
decision was made, there was no question pend.
ing whether the petition should be received In
this case, there was such a question, so that de-
bate was proper
Mr.. King urged another ground-that the
proposition before the Senate was to lay the ques.
ton of reception upon the table.
The Vice President said that motion had been
made. The only motion before the Senate was
that the petition be received
Mr.. Chase wish 10 make single remark on
the question Of order, with the view of directing
the Senate to precedent in point. That prece-
dent is the debate in the British Parliament upon
the subject of receiving memorial from one of
The American colonies at very early period of
the differences between this country and Great
Britain. The question was, whether the right of
petition should be 80 far observed as to receive
that memorial which was presented to the House
Of Lords rs this petition is presented to the
American Senate Upon the question whether
The petition should be received or not, there was
grave and full debate, which terminated at length
in the defeat Of the friends Of freedom, aud OF
the right Of petition in that body and that petit
ton, the petition Of an American colony setting
forth the grievances OF which America COM
planned, was refused reception by the House Of
Lords of Great Britain. But even that body did
not go so far as 1t is proposed to here They
did not refuse to permit debate upon the question
Of reception. The same rule prevailed there
that prevails here the member presenting the
petition was required TO state the sub stance of it,
md the substance being stated, the question then
rose upon The reception OF the petition Debate
ipon this question of reception WAS in tho case
have referred to, held 10 be in order, and was
flowed, though reception was ultimately denied.
The precedent, il seems TO me, therefore. is in
oint
Mr.. Dickinson of New York | cannot tell |
That Is to be the result Of all these abolition pc.
tions. We are now in the middle of the fourth
lonth of the session. Nothing else can come up
ut abolition until the very air is as frtid as in
n abolition meeting. move to lay the question
reception and the question of order on the
lble
Mr. Hale protested against the ATTEMPT of the
enator to deprive him of the floor.
After some conversation, the Vice President
'cided that, having the floor, he could not be de-
lived of it by the point of order
Mr.. Hale resumed his remarks and corrected
G Senator from Alabama by observing that no
r from having been discussing the horrors of ,
lvery, he was commencing the humanity and !
stice OF slave States In securing the right of \
ry trial. lie continued q
want TO say another word TO the Senator from =
ew York, Mr.. Dickinson,l whose sensibilities I
en- TO his olfactores are disturbed by the intro
ction of discussions Of this sort. Who intro
ced the discussion this morning Was il one L.
the fanatical abolitonistso or was the ndi- p;
lual who disturbed the Senate the gentleman it
IN Maryland Who raised this debate IL
ything offends the nostrils Of the New York n
nator this morning, 1t comes south of Mason N
4 Dixons line, and not north because we were G.
guilty Of the agitation or discussion Of this G
tier. wish TO say here, now and forever, n,
It. for one, | can never consent, on any terms at
lditions, or considerations, to surrender that ca
ht for which the fathers Of the Revolution ,s
Tiled everything they had on earth that is,
right of trial by jury. 1t was one Of the or
ses assigned in the Declaration of Independ- da
e, that justified our fathers in going into the
war that they had been In many
rs deprived Of the right Of trial by jury. And
he right of trial by jury was worth seven tic
RS bloody war in 1916, 1t is certainly worth ed
rugge on this floor and it will not be snrren- su
ed by me at least, at any hazard or for fear Of Sc
consequences. tai
Ar. Dickinson was impatient TO get rid Of the tn
ject and moved to lay the petition on the table po
withdrew the motion at the request of Mr..
ger of North Carolina, who said
am very sorry that the Senator from Mary
| Mr. Pratt thought 1t necessary TO raise D..
question on the introduction, as it appears to -,
he subiect matter IN which I, go =. n,~ inc
Tho Senate w.. 4. r. -.,..a ~ tai