Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-02-02
DEBATE IN THE SENATE.
MONDAY, JANUARY %, 1850.

me Su he Senate aud House of Rep sentatueS Of
the Uied STATES Of America IN Congress as s nr
nv of the United States, under the laws OF aeh otae OF
rtor shall escape into any other of the said states OF
tores the person whom such service or labor may DC
due his or her agent or attorney hereby empowered 70
seize or such fugitive from service or labor ana 70 ak
him or her before Judge OF the circuit or district
The United States or any commissioner or clerk OF
such courts marshal thereof or any postmaster hs o
TED o. Gs eas within such State wherein
shall be made, and upon PROOF 10 the - ~
judge commissioner clerk marshal or affidavit
taken before and certified by any person autnorleu " M
mister oath under the laws OF the United states VI u any
that the person SO arrested under the laws OF
the State or Territory from which he or she owe service
or labor person claiming him or her. SHAH DC e au
of sch nudge clerk marshall postmaster or
coeeor TO give certificate thereof to such eamant ms or
her agent attorney, which certificate shall oe
taking and removing such IRON or
labor 10 the State or Territory from which ne or she hea
Sec 9. lind be il further enacted That when person
held 10 service or labor mentioned in the rs section OIL
his net shall from service labor therein
mentioned person whom such service or labor may DC
due his or seG agent o. saes named IN said seeoa other
than marshal OF the United States tor 20
arrest such fugitive and upon ada oe'n . s : here
authorized to administer oath airmation BY such
claimant his or her that such % 10 ed
service or labor such claimant it shall be- and IS hereby
made the duty Of such officer to and Ss9 ps any
marshal of any Of the courts Of the States and
arrest such alleged and bring 0r M nr
suing such warrant either OF the oher oncer
in said first section except the marshal he sam a
shall is hereby authorized and directed IN AL thngsto obey
Secs. Ind be ii further enacted That any person who
shall knowingly and willingly obsruct hinder such claimant
his agent attorney person or him.
her. them, serving aresng such fugitive rom SER
vice or labor or shall such fugitive from such claimant
his agent or the auho
r herein given declared shall aid abe or assist such
ant his agent or attorney shall harbor conceal such
son, notice that he she fugitive from labor as
aforesaid SHALL either of the said offences forfeit and pay
the sum of one thousand dollars which penalty be
vered by benefit Of such claimant BY action OF
the claiming such labor service his right Of action
for Of the said injuries or either oil them
Sec l. find be IL further enacted, That when said person
and by virtue OF the said
by such marshall and is brought before either OF the oheer
aforesaid other than said marshall shall be the duty OF such
officer proceed the OF such person. IN the same
directed and authorized do when such person
seized and arrested by the person claiming him. or BY his or
her agent attorney and before such ocer under
the provisions of the first section OF this act.
Mr. MASON addressed the Senate as follows: Mr. Pesl-
dent desire get this bill to vote before this body IN order
that may enacted into law, should it be the pleasure OF
Congress so to do introduced the bill here sir to dis
charge duty which owe to the people whom represent,
and in obedience instructions OF the General Assembly OF
the State of Virginia am free TO confess that although the
bill and the amendments have been framed with some care
and the amendments have met the appreciation OF the Com
the Judiciary, have but little hope that Will at
ford the remedy it is intended to Afford ear M fesi-
dent that the disease is seated deeply to be reached
ordinary legislation. fea sir that the Legislative bodies Of
the non-slavehong States and the spirit their people
have inflicted wound upon the constitution which will
itself cuntIs iaedcab fear it will be found that even
this law will be of little worth in securing the rights OF those
for whose benefit it is intended and yet the remedies
proposed could be enforced they would be found exceeding
value and Importance not alone to the people OF the state
which represent but of all the Southern States hold
ing the African in bondage Sir, IS not only impor
tan indispensable the security Of their property and
the integrity Of their institutions What is the present state
OF things The property held by that part Of the United
States valued hundreds of millions OF dollars, Is the
subject Of depreciation by the people OF the nom
savehodng States although the right to this property ex-
lists in ordinary tenure of property alone, but Is Sc
cured by the fundamental laws of this Government 1t Is the
subject Of depredaon of wanton depredaon by the people
Of the acknowledging States under the sanction Of their
governments fear therefore, seriously fear that pass what
law we may, such will be found imperative for law
be carried into effect unless is sustained and supported
by the loyalty Of the people whom it is directed.
What the provisions of the fundamental law In the
fourth article of the constitution there two clauses pro-
vdg for the extadon of certain classes OF persons
ing from State anohe-causes that lie in uxtaposl
on conceived the time, and written upon the
page and each Of them submit only to Senators but
10 the word-each Of them plain distinct and unequivoca
in their import and the ends designed 10 be attained Now,
should succeed, though in plain and humble man
direct the attention of the country to the existing state
things relation these clauses OF the constitution and
arte these people into rebellion against the government
of Their States, this law, if passed, will remain, am
afraid dead letter upon your statute book, as the present
law Is ." 4
1t is provided in the fourth article of the constitution
follows
GA person charged any State with treason felony
other crime who shall flee from justice and be found in
another State shall demand of the executive authority OF the
State from which he fed, be delivered to be removed to
the State having jurisdiction Of the crime"
This is the first clause of extradion-a clause operating
in all the for the benefit of all the States and
each Of the alike interested in having executed
What is the other clause
sNo person held service labor in State under
thereof escaping into another shall in consequence
of any regulation therein be discharged from such
vice labor but shall be delivered on claim OF the party
10 whom such service or labor may be due"
Clauses sir having kindred purpose; the designed
TO effect the surrender Of ugves from justice the other de-
signed 10 effect surrender Of fugtives from abo-each
equally imperative upon the Government framed under that
constitution and upon the States who parties to it, But
this latter clause Mr. President which provides for the
tradition Of fugves from labor, is clause that to
the benefit of Of the States and not to all enues
the benefit of those who unhappy now IN the minor
minority not in the number of States, but IN the
pers of the people. The sasehedng States alone
interested in the faithful and proper execution Of this second
clause for extradon and look to the majority
that law against which their people have been for
than quarter Of century in revolt think am
warranted then, the apprehension expressed that law
which passed by the Congress Of the United States
will afford the remedy which this law intended supply,
unless is sustained and supported by the people to whom
il is address
Sir let me present another view of this question. The
clause which have read intended-upon the faith and
honor Of all the Staeio to the Of these flu
gitives from labor Of such gves when they
escaped into other States This not the only clause Of
the constitution bearing upon slave property. Far from it.
These States non-savehodGg States, when they
parties tina, compact not only with their eyes open
and their interests awakened conceded the savehodng