The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-05-23


without which all contracts are void. Some States
were to be admitted to strengthen the hands ofsla
very and some Of freedom. A line of demaTcatiOn
was drawn. Now, on investigation, believe it
will most conclusigely appear that there is not
an inch Of Texan territory north of the stipulated
liue. IL all belongs to New Mexico, as much as
Nantucket or Berkshire belongs to Massachusetts,
Ii was a mistake on the part Of the contracting
parties; if on the part Of Texas, it was not some
thing worse than a mistake. The mutually,
then, fails The contract is HucluBl pqciin. Texas
can give nothing for what she was to receive and
is therefore, entitled to receive nothing but what
she has got
In regard to "the business Of seeing that fugi-
tives are delivered up" Mr.. Webster says: My
friend at the head Of the Judiciary Committee,
Mr. Butler Of South Carolina has n bill on the
subject now before the Senate, with some amend
ments to it, which propose TO support, with all
its provisions, TO the fullest extent
Here is Mr.. Buffers bill, with Mr.. Mason's
amendments:
To provide for the more efecual execution OF the I'd
clause Of the ID section of the 4h article Of the Con-
sIituiIOn OF the United states.
Be endetet By the Senate and House Of Representa- rFS
q the United Slater e 4'oryica ta Congress dSstHbed
That when person held service labor In any State
Territory the United States under the laws Of such State
Territory shall escape into other of the said States
be due his her agent attorney hereby 10
seize such fugitive from service labor and take
him her before any judge Of the circuit district courts
Of the United States before commissioner or clerk
of such courts marshal thereof postmaster OF the
United States collector Of the customs OF the United
States, residing being within such State wherein such
shall be made upon proof 20 the salts
faction Of said Judge commissioner clerk marshal post
master OF collector the be- either by oral esti
ony AFFIDAVIT taken before certified by person
authorized TO administer oath under the aS Of the
United states or of any state that the person seized
atA1 un1RF he laws al he
which he she fled, service or labor t. the Gerron
claiming him her. it shall be the duty Of such judge com
missioner clerk marshal postmaster collector 10 give
certificate thereof such claimant his her agent at
tOrney which certificate shall he sufficient warrant for
taking and removing such fugitive from service labor TO
the State Territory from which he or she fled
SEC y And be further enacted That when peron held
70 service or labor rs mentioned IN The nrst section o t
act shall escape service labor therein
toned the person 90 whom such service or labor may he
due his her agent attorney may apply to any one Of
the Ocers Of the United States named In said section other
than marshal Of the United States for warrant 10 seize
and such fugitive and affidavit being made be
fore such officer (each OF whom for purposes this
is hereby authorized administer oath afhraton)
by claimant his her agent that such person does
u1der the laws Of the State or Territory from which be
she He'd service labor 60 such claimant shan be-
sNY made the duty OF such officer u Snd before
whom ste6 application and amfflvfe - 6'"@e - ~
warrant 10 any marshal any Of the courts Of the United
4ejss such alleged fugitive aud - bring
MIN orBer IurtnNih, "a on dSS N5"enArheA W seS-
rant the officer issuing such warrant either 81 the
Acrs mentioned in said section except the marshalto
whom the said warrant is directed which said warrant
authority the sail marshal is hereby authorized and direct
Sac 3 All be Il further sraciei, That upon affidavit
aforesaid by the claimant of such fugitive his agent
or attorney after certificate has been ssned that he
apprehend that such fugitive will he rescued
by from his their possession before he can be taken
beyond the limits Of the which the made
IL shall I've duty the officer making the TO retain
fugitive in his custody and him 70 the State
whence he fed and there 10 deliver him 10 said e.msnt
his agent attorney Aud to this end the officer aforesaid
is hereby authorized and required to employ many per
may deem necessary to overcome such force and
90 retain them in his service long circumstances may
require The said officer and his assistants while
payed receive the compensation aud 10 he allowed
the same expenses allowed by law for ranpora
ton of criminals be certified by the judge Of the
within which the arrest is made and paid out Of the treas
ury Of the United States: P'oref, That, before such
charges incurred the claimant his agent attorney
shall said officer payment Of the same and
actual force be opposed then they shall be paid such
claimant, his agent OF AZ Orney.
SEC A. And be il further enarfed When a warrant shall
have been issued by the officers under the
ton Of this act and there shall he no marshal or deputy
marshal within ten miles Of the place where such
issued il shall be the duty Of the officer issuing same
at the request Of the claimant his agent attorney to
point ut and discreet person. who shall be willing
act as marshal Tor the purpose 81 executing said warrant
such appointed shall to the extent Of
ting said warrant AMI OBTAINING and transporting the fug
tive named therein have all the power and authority and
be- with his assistants, entitled the
and expenses provided in this act in where the
performed by the marshas Of the courts.
SEC 3. And be further eH0ccI, That any person who
shall knowingly and willingly obstruct hinder such claim
his attorney persons ASSISTING
him. her. them in serving arrestng such fugitive
from service labor shall such fugitive from
such claimant his agent or attorney when 40 pur-
10 the authority herein given declared shall aid
bet assist such owing service labor
cape from such claimant bis agent attorney shall
fugitive from labor snavSara halt ether said
offences forfeit and pay the sum Of thousand dollars
which penalty he by aud for the benefit OF
such claimant action of debt any court proper
the same saving moreover 20 the person claiming such la
Dor service his right Of action for account of the said
injuries, or either OF them,
SIC G. And be il further oacicl, That when said person
seized arrested under and by virtue Of the said
rant by such marshal aud is brought before either Of
officers aforesaid other than said marshal IL shall be- the
duty Of such officer to proceed in the cae such person. in
the same he is directed and authorized to 10 when
such person seized and arrested by the person claiming
him by his her agent attorney and s brought he
officer under the provisions Of the first section of
this act. ,,c,oo,y,ro
intended 10 be proposed By Mr. Mason 10 the bill Is 80 10
propis for the eGeciua erecution oftbe d clause
ofthe second section Of The fourth drtics ofs Coashu.
fion Ofths Unieed States.
At the end Of section :, add
And person persons offending against the provisions
OF this section he deemed guilty Of misde
eAnor or in obstrucng the execution OF the laws of
the United states up lotion thereof shall be
in the Of one thousand dollars ole half whereof shsl
he to the niomer and shall also he imprisoned
for the term OF twelve months
At the end Of section g. add:
Aud in no trial hearing under this act shall the testi-
mony OF such fugitive be admitted Ia evidence.
IL will be observed that the first section of the
bill, after constituting the judges Of the courts,
the seventeen thousand pOstmasters the collect
ors &c, as tribunals, T1hOm APPEAL, for the dev-
cry of anybody, who is sworn by anybody any
where TO be "A fugitive slave refers to the before
mentioned officers in the words residing or be.
ing within such State where snch seizure or
rest is made" That is, the judge, postmaster,
collector, &C. need not he an inhabitant of the
State or hold his office in the State, where the
seizure is made but it is sufficient if he is such
officer anywhere within the United States MIR.
Butler or Mr. Mason therefore, may send the
postmaster of his own city or village into Massa-
ohusetts with an agent or attorney, who brings
his affidavit from South Carolina or Virginia, in
his pocket; the agent or attorney may arrest
anybody, at any time, carry him before his nc
complete, 20 through with the judicial FORMS and
hurry him to the South the officer after his ju-
dicial functions are discharged turning haihH,
protecting the prey and speeding the flight!
Still further this bill derides the trial. by jury
secured by the Constitution A man may not lose
a horse without right TO this trial /; but he may
his freedom. Mr. Webster spoke for the South
and for slavery not for the North and for free
dom. when ne abandoned this right. Such an
abandonment, it would be impossible to believe
of one who has earned such fame M Defender of
the Constitution il would be more reasonable TO
snppose the existence Of some strange misappre-
hension, had not Mr.. Webster, with that pre-
csion and strength which are so peculiarly his
own, declared his determination TO support this
hideOus bill, with all its provisions to the full
est extentp when, at the same moment, another
bill. of which he took no notice, was pending be-
fore the Senate, introduced by MIR Seward of
New York, securing the invaluable privilege Of
jury trial.
disdain to avail myself, in sober argument,
of the popular constituencies on this subject; and
I acknowledge my obligations to the Constitution
while it is suffered to last But still say that
the man who can read this bill without having
his blood boil in his veins has power Of refrger-
alton that would cool the tropics
cannot doubt that Mr.. Webster will yet sec