The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-10-10
SUBSTANCE
REMARKS OF Mr.. y ?. CHASE, OF OHIO,

in THE
Course Of He db0te u lie Snaie on his motion 10
strike Om The McoHd section of tie FhgliUe Stare
Bill, Angua -, 1850.
The bill providing for the reclamation for fugi-
tives from service, and offered by Mr. UNDER
WOOD, of Kentucky, being under consideration
Mr.. CHASE moved to strike out the second section,
in these words:
"SEc ?. Aad he Il tUyther enac,ed, That the supe-
rior court of each organized Territory of the Uni
ted States shall have the same power to appoint
commissioners 10 take acknowledgements of bail
and afdavits and to take dispositions of witnesses
in civil causes, which is possessed by the cir
cult courts Of the United States and ali commits
sioners who shall hereafter be appointed for such
purposes by the superior court of any organized
Territory Of the United States shall possess all the
powers, and exercise all the duties, conferred by
law upon the commissioners appointed by the
circuit courts Of the United States for similar pur-
poses, aud shall moreover exercise and discharge
all the powers and duties conferred by the third
section of the act of Congress approved February
IL, 1893 in the preceding section Of this act men
toned
The first section authorized and required the
commissioners Of the circuit courts of the United
States to act in the matter of surrendering fugi-
tlVes from service as the Judges of the United
States were required to act by the law of 1913
that is, examine claims to alleged fugitives from
service, anu, II satisfied as to the validity Of the
claims, to grant warrants of removal to the State
from which the escape was made IL will be re-
membered that this act authorizes seizure without
process, examination without opportunity of de-
fence, trial without jury, and decision without
appeal
The motion of MIR CHASE therefore, was, in
effect to deny the right of the stakeholder to re-
claim AS slave any person escaped into the Ter
ritories
MIR CHASE said The object of the amendment
is merely to conform the provisions of this bill to
those OF the Constitution. The Constitution pro-
vides that " no person held TO service or labor in
one STATE, under the laws thereof escaping into
another shall, in consequence of any law or regu-
lation MtTelH, be discharged from such service or
labor, but shall be delivered up"
The terms of the Constitution conhne the right
OF reclamation to persons escaping from one State
into another State. This section extends this
right, or rather provision for the assertion of n
right that does not exist TO the Territories. This
is the reason why ask that il be stricken out
Messrs BERRIEN of Georgia, BUTLER of South
Carolina and UNDERwooD of Kentucky objected
to the amendment, relying on Southern doctrine
TO the rights Of Shareholders TO hold slaves in
the Territories
Mr.. BERRIEN said that the proposed amendment
indicated "a disposition " to do just what is abso-
lutely required by the letter of the Constitution,
and refuse that which the spirit of the Constiu-
ton rendered equally imperative lie insisted
that Congress had ample power TO make provision
for the surrender Of fugitive slaves that the only
difference between the States and the Territories
was that, with regard TO the States, the obliga-
ton IL rendered imperative by the Constitution,
but, with regard 10 the Territories is rendered
equally imperative 10y the principles of Justice,
ana by The obligation Of the United States Gov
eminent TO protect all the citizens of the United
States IN the uhdisturbed enjoyment of their
property"
Mr.. BUTLER insisted that the only reason for
not referring to Territories in the clause of the
Constitution was, that the trainers of the Consti
tuition took 1t for granted that the Territories
were open TO the Immigration of shareholders with
their slaves as well of other citizens with their
property and "Dever dreamed that slavery would
be excluded except by State Governments
Mr. UNpERwoop referred 10 the provision in
the act Of 1893, for the reclamation Of slaves es
capped into Territories, and relied on il as author
ity for the legislation now proposed, Z" We have
exclusive jurisdiction he said, over the Terri.
tories No other power can interfere there. And
shall we refuse TO do In Territory, subject 10
our jurisdiction, that which the Constitution re-
quires us TO do in a Stateln
Mr. CHASE. few words In reply TO the sug-
gestions made by different gentlemen.
The Senator from Georgia thinks that we
ought 10 legslate in conformity with the spirit AS
well the letter Of the Constitution and although
the letter Of the Constitution does not bind or au