Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-17

that OF vast OF OF the
United States, of vast majority of the jursts OF the
United States Is in coincidence with that which enter
tan that say, that at this moment, by law and in
fact there is slavery there unless it is possible that
some gentlemen from the slave States, in passing
through that country may have taken along their body
slaves. In point OF fact and in point of law, enter.
tain the opinions which expressed at early period
of the session. Sir we have heard since, from author
ty entitled to the highest respect from less authority
than that OF the delegate from New Mexico that labor
be there obtained at the rate of three four dollars
per month"; and if it can be got at that rate, can any
body suppose that any of slaves would ever car
ny them to that country where he could only get three
or four dollars per month for them?
believe this part OF the subject have said every
thing that is necessary for me to say but there remain
two three subjects upon which wish to say few
words before close what have to offer for the consl-
deration Of the Senate.
The next subject upon which the committee acted
was that of fugitive slaves. The committee have pro-
posed two amendments to be offered to the bill intro
duced by the Senator from Virginia, (Mr. Mason0
amendments provides that the owner Of fugitive
slave when leaving his own State and whenever it IS
practicable-for sometimes, In the hot pursuit OF an
immediate runaway, it maynot be in the power OF the
master to wait get such record, and he will always
DO il it possble-shal carry with him record from
the State from which the fugitive has fled which record
shall coutain adjudication OF two facts first, the
fact OF slavery and secondly the fact OF an eopement
and in the third place. oh general description OF the
slave as the court shall be enabled to give upon such
testimony as shall be brought before it, 1t also provides
that record,
the court of record, in the saveholdng State, shall
be taken to the free States and shall be there held to be
competent and sufficient evidence OF the facts when
it vows Now, sir heard objections made to this that
it would be an Inconvenience and an expense to the
STAKEHOLDER. think the expense will be very trlflng
to the great advantages which will result The expen-
ses will be only three do liars tor the seal OF
the court, and the certificate and attestaon OF the
clerk, &c. Sir we know the Just reverence and res
pect in which records are ever held. The stakeholder
| himself will feel when he goes from Virginia to Omo
with this record that he has got security which he
never possessed before for the recovery ofhs property
And when the attestaton of the clerk under the seal
of the court exhibited to the citizen OF Ohio that citizen
will be disposed to ana bound 10 5eses
hibted coming from sister State The inconvenience
will be very slight very inconsidei able, compared
with the great security Of the Shareholder
Mr.. BUTLER. As the bill to which the Senator refers
| has been somewhat under my care l am sure
the honorable Senator will allow me to ask question
| in relation to this amendment. Is 1t proposed
that the certificate shall be from the Judge or shall
be from the court it is termed; because see 1t seems
to be inferred that it must be given by court and a
court of record which has technical meaning l
desire the honorable Senator to inform me whether Is
thus to be given by court or by Judge at cham
| bers!
Mr. CLAY Mr. President confess had in view
they county courts of probate which prevail through
out the United States, and not the Judge But 1t can
be so modified it be deemed essential IN the progress
of the bill The committee partake OF the same spirit
| which have endeavored to manifest throughout TINS
|
any particular pan and if any amendments are offered
| that will improve and better the bills reported ,
| they will be accepted. | am sure that
| answer for every member OF the commlltee, WIN
pleasure that any amendments to aid the OBJECT we nave
in view will be accepted. lrepeat, sir, confess had
in view that this record should be taken from the coun-
ty courts, which prevails in almost all the states except
Louisiana and South Carolina which have their parish
courts Any of these courts after hearing evidence
about the ownership OF property and the escape OF the
property could give the required record and tins would
be carried to that part OF the country where the par
| tiesgo.
With respect to the other amendment offered by the
Committee the fugitive bill, regretted extremely to
hear the Senator from Arkansas object earnestly and
so seriously to it. did pretend question his right,
the right OF any other Senator, but he Will surely al
low me to say, in all kindness, that OF all the States in
this Union, without exception, will not except even
Virginia herself, believe that the State winch suffers
than any other by The escaping OF slaves from their
owners, seeking refuge either in Canada, or some OF
the non-slavehoding States, Kehtucky is the one
doubt very much whether the State OF Arkansas ever
lost slave They may, very possibly once IN while,
run off to the Indians, but very rarely So OF other
interior States. So of Georgia and South Carolina
Sometimes perhaps slave escaped from their seaports
but very rarely by land Kentucky is the most suffer-
| ing State but | venture to anticipate for my own
State that she will be satisfied with the provisions
to which am now about to call the attention OF the
! Senate.
Mr. President in all subjects of this kind we must deal
fairly and honestly by all We must recoect that there
are feelings, and interests, and sympathies on both
| his mind seriously to the consideration OF suitable
for the recapture OF runaway slaves, can tail to
admit that the question is surrounded with great diff
culties On the one hand, if the owner OF the slave
could 90 into this nonsavehodng State and seize the
negro, put his hands upon him. anG the whole world
would recognise the truth OF his ownership OF property
and the fact OF the escape OF that property there would
be difficulty then in those States where prejudice
against slavery exists the highest degree But he
goes to State which does not recognise slavery Re-
collect how different the state OF TACT is now from what
harD
comparatively few free persons OF coor-ew, compared
to the numbers which exist at present By the progress
of emancipation in the slaveholdng States and the
MULTIPLICATION of them by natural causes, vast numbers
OF them have rushed the free States. There are in
the cities of Philadelphia, New York and Boston,
have not looked into the precise number-some eight or
ten to proportion TO the NUMBER nere were IN
| 1898, when the act passed.
In proportion to the number OF free blacks, multi
piled in the free States, does the difficulty increase of
recovering fugitive from slaveholdlng State. Re
collect Mr. President, that the rule OF law IS reversed in
the two classes of States: In the saveholding States
the rule is that color implies slavery and the onuS pro-
bandi Of freedom is thrown on the persons claiming it,
as every person the saveholdng States is regarded
prima tacie as slave. On the contrary, when you
20 to the -saveholdng States, color implies free
dom and not slavery. Every man who is seen in the
free States, though he be man otcoor is regarded as
free And when stranger from Virginia or Kentucky
goes a part OF Pennsylvania, and sees black
person. who perhaps has been living there for years. and
claims him to be his slave, the feelings and sympathy OF
the neghnorhOod are naurdliy anu necessarily eACeu
in favor of the colored person. We all respect these
feelings where they are honestly entertained. Well,
sir what are you to do in case of that kind? You
will give every satisfaction that be given that the
person whom you propose to arrest your property,
and is fugitive from your service or labor That IS
the extent of one amendment which propose to
offer, but there is also another The amendment upon
which have been commenting provides for the pro-
ducton Of record Now, what is the inconvenience
of that 1t provides that when the owner of the
slave shall arrest his property in non-savehoding
State and shall take him before the proper tunconary
to obtain certcateto authorize the return OF that pro-
pey to the State from which he fed and il he declares
to that functionary the time that he is free and
not slave, what does the provision require the officer
that he will carry the black person back to the county
of the State from which he fled; and that at the first
court which may sit after his return he shall be carried
there if he again assert the right to his freedom; the