Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-05
DEBATE-INsTHE U. STATES SENATE.
MONDAY, MAY 81, 1850.

Otdl anu view MEXICO, ana making proposals to Texas
for the establishment of her western and northern boun-
daries-
Mr.. Mason. 1t is my desire, in the remarks which |
intend to submit to the Senate the subject of this bill
TO review, as briefly as | may, all the measures COM
olned IN IT, or which are recommended by the commit
tee which broughtit in in order that may point out
those parts upon which we may agree with the commits
tee, and those upon which, they stand fear we shall
not agree. In doing this would first advert to two
measures which, although they do not form part of the
Dill under consideration, have been connected with it,
and are recommended by the committee in their repor
as part OF the general scheme OF adjustment which
that report recommends And wish to do so because
as 1t seems to me, OF the provisions in the hill rs
ting to the reclamation OF fugitive slaves has been SUBJ
Ject OF some nlsconsruction the part OF gentlemen
with whom usually act-ndeed OF several Senators
from the Southern States The amendment proposed
by the committee to which refer is that which gives
authority 10 the claimant OF fugitive slave, when be
goes into the State in which such fugitive is found to
take with him record evidence sufficient to ente him
to reclaim the fugitive without further testimony and
without oral testimony. 1t has been thought by some
gentlemen, who probably have not fully considered it,
that this provision would be found Objectionable on the
part OF the claimant When this measure was proposed
IN the committee, it seemed to me-and vet entertain
the oplnlon-that it would become valuable advan-
tage to the claimants OF slaves who pursue them into
the tree States 1t wi be found if gentlemen will look
at It, that 1t Is not made the exclusive evidence on which
slave shall be recovered The claimant is not requir
ed to arm himself with this record but he NAV do SO or
not at his discretion Yet ] am strongly inclined to
IL
be very many occasions on which claimants will be glad
to have to this record evidence But however
this may be, the provision is cumulative only and not
exclusives and the claimant may take such record or
dispense with it, and rely upon the oral testimony OF
Witnesses he deems best think, therefore, that the
proposition, as recommended by the committee will be
found valuable suggestion, and in practice will go far
to facilitate and diminish the penses attendant on the
reclamation OF fugitive slaves.
There Is another provision in the same bill, which
has been recommended by the committee and to which
am sorry to say do not give my assent it is that
which provides that when fugitive declares that he is
tree man, the claimant shall enter into bond to secure
to the fugitive trial by jury in the State from which he
has fled When this was first proposed in the commit
tee, 1t seemed to me that it would be innocuous or
at any rate, whether the provision amounted to much
or little, was one which might very safely be yielded
to. Although gave no direct sanction to 1t when
proposed in the committee, acquiesced so far as to
agree to recommendation reservng to myself the
right OF Offering such considerations the subject to
the Senate as might afterwards suggest themselves
am disposed to think now that cannot give my assent
10 ii as member OF the Senate The first and great
est objection have is that, practically, think it will
be found to operate injurously the master who re-
claims hssave, because pending the time within which
the slave is entitled to trial. the would not be
able dispose Of him, and all know that in nine
teen out OF twenty, where fugitive slave is re-
covered, it is advisable to dispose of him Immediately
first, on account OF the example, and secondly, be-
by abscondng he has forfeited the confidence of
his owner-and 1t might therefore, prove serious mis-
chief to retain him in that equvoca position under the
bond OF his master. But, in any view, such provision
is wholly supertuous, because in every slaveholdng
State ample provision is made by law to secure the
rights OF any slave who asserts his right to freedom
They are allowed TO sue in lorna pduperS: security is
required OF the master to his safety pending the
action and full provision is made for sufficient liberty to
prepare his tor trial, which is always by Jury; in
addition to which the courts are required to furnish him
with proper counsel to conduct the There is
another which presents itself very forciby to my
mind 1t unnecessarily trammels and embarrasses the
owner OF this species of property, and
consistent with the full right of reclamation, secured
him by the constitution. By the constitution the fugi-
tive slave be delivered up on claim of the party
and it is derogaton of this right to deliver him only
on condition. think, therefore, when to con-
slider that bill it will be found all sides that it will
be best to avoid that provision.
Another bill, that which proposes to abolish what is
called the slave trade" in the District OF Columbia is
one of those measures from which | dissented iu the
committee. and from which [ shall continue to dissent
1t it IS intended as part OF the general compromise
which is said the bill under discussion presents fear
that so far Senators from the South concerned
to large majority OF them at least-it will constitute
an insuperabe objection.
Sir, upon this subject, even my opinions I'M
trammeled, never could and never would give my
assent to the passage of such law this time by Con-
gess Yet Iconsder that all discretion on this subject
IS taken from me- BY resolution of the General AS
semby OF Virginia. passed at the last session. the abol-
ton OF the slave trade in the District of Columbia by
law OF Congress is made of those events, upon the
occurring of which the Governor OF Virginia is required
to convene the Legislature forthwith that the State may
be placed IN proper position to meet it.
Mr. FooTE. Will the Senator from Virginia allow
me TO interrupt him tor momentl
Mr.. Mason, am perfectly willing to be corrected
in any misrepresentation, but gentlemen must be aware
that to be interrupted when closely occupied by the sub
Ject under discussion deranges the OF thought,
and necessarily mpars and binders the operation of the
mind. Unless thereore,i be for purpose of per-
sonal explanation, it seems to me better that it should
not be resored to. 1t was with that view that on Weld
ing the floor added that did so in the hope that the
Senator from Mississippi (and intended the remark 10
apply to Senators generality would allow proceed
without interruption. Certainly, if say any thing of
personal character, which requires explanation, will
cheertully yield to an Interruption
Now, sir, as to the fact. think should hardly have
announced to the Senate resolutions from the Legisla
lure OF Virginia. on any subject involved in our action,
or on which | was to act, without knowing what was
about. Sir have the resolutions here; and intend
presently to ask the Senate to allow me to have them
read. They were passed the 10Th OF January 1919
and those TO which l had particular reference are in
these words
" Resolced, That we regard the passage of law by
the Congress of the United States abosng slavery or
the slave trade in the District of Columbia as a direct
attack upon the institutions of the Southern States to be
resisted at every hazard.
Re$oloed, That in the event of the passage by Con-
gless of the Wilmot Provso, or any law aboishing
slavery or the slave trade in the District OF Columbia
the Governor of this Commonwealth is requested i'm
medately 10 convene the Legislature of this State (f
1t should have adjourned,) to consider the mode and
measure of redress"
Mr. CLAY. What is the date of those resolutions?
Mr. Mason. The date is January, ls49.
Mr. CLAY. For January, 1850, presume.
Mr.. Mason. No, they passed in 40, and are
still in force for they revoked rescinded
However, Mr. Presiee cent, the bill which proposes to
abolish the slave trade is called, in the District of
Columbia, forms part OF that which is now under
consideration. have adverted to only because it is
IN the recommendation OF the committee, and, as I'M
derstand it, suggested part OF the general scheme
OF adjustment pass, however, from these topics to
the bill more Immediately under consideration, and
winch Is generally known the "COmDrOmlSe DILL, -
Sir, it was my misfortune, as announced on former
day on this floor, to differ with the majority of the
committee in the opinion that the measures proposed
by the committee could be received by the Southern
States basis which the unhappy controversy
which has arisen could be adjusted. | feel myself,
however, entitled speak only for the State which
in part represent here, and to her, am speaking
under the instructions contained in the resolutions
part of which have read just now to the Senate-in
strucons which forbid to do any act or to give any
vote which will admit the right Of the Congress of the
United States in any manner, either directly or ind-
recty to exclude the people of the Southern States
from having tree access to any of the Territories