The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-22
N CONGRESS OF THE U. STATES.
MONDAY, AUGUST 10, 1850.
IN CONTINUATION
RECLAMATION oE FUGITIVE SLAVES,

fourth article OF the constitution Of the United Satesthe
question pending being upon the amendment OF Mr. Day
TON to the amendment Of Mr., Mason
MT CHASE said propose 10 vote for this amend.
ueh', out VIII not IN my Judgment, satisfy the people
OF he Tree States IL seems TO be taken for granted that
but one class OF rights is to be regarded al all in this
uoversy-he rights OF masters. Now, sir, am of
those who believe that all the dulles which arise from
the constitution, in regard 10 ugtves from labor de-
volve upon The States, and upon the States exclusively
The senator from Massachusetts, [Mr Webster,l who
originally introduced this amendment has said that in
MS judgment these clauses were clauses OF compact
binding upon the State. suppose that that is true des
crphon OF their character II that is the case, then
DO not see the from which Congress derives lis
power OF Legislation upon this subject But if Congress
has the power is ny implication from these clauses of
the compact and il is to be exercised with sound
gard TO the rights OF all concerned
IL has been said that there is danger to be appre-
headed by free persons of color from the operation of
me act now proposed and we have been challenged to
the production OF case where claimants have kidnapped
any one have claimed the possession OF any one hen
they entitled to his service In the section in
which reside OF kidnapping have unfrequent-
~ occurred Not few persons supposed be Free and
IN some cases certainly free, have been kidnapped and
carried out Of the State by force fraud without any
process OF law. Nor is true be supposed
by many here, that person charged with this crime in
Ohio Indiana, who may escape into Kentucky, will be
delivered up upon the demand OF the governor of Ohio
under the clause Of the constitution relating fugives
from justice mere demand is not sufficient 1t is not
enough for an officer from the State of Ohio, commission
ed by the executive, to 60 into Kentucky and make de-
mand tor the kidnapper He must submit the charge TO
the executive OF kentucky, Who must reer the case to
Judge, and il the evidence of the crime is not satisfactory
be is not surrendered
Mr.. UNDERWOOD, The practice in my State is this
Whenever an indictment is found by sister State, and it
is brought over into Kentucky il is exhibited before the
governor who makes out warrant, mentioning in it the
finding OF such indictment, and the identity of the
party s the enly question which is investigated stated
some time ago 10 the Senate, and would state again to
the senator from Ohio that there exception which
came TO my knowledge, and that the time that Mr.
Stephens, member of the Kentucky legislature was
M III WA "a n stlDnQ nj
breach OF privileges and the legislature refused to
render him on the ground Of privilege Blu. the practice
is ordinarily in the way have stated This is the only
exception to the rule know Of
Mr.. CHASE, think if the honorable senator from
Kentucky will examine the statutes Of his own State he
Will ind that he IS N error have looked into them, and
am quite confident am correct.
Mr.. UNDERWOOD. | recolect no statutes on the
subject
book although he may not now recoect it, he will find
that there is one The fact is have stated Il is but
few years since gentleman was authorized by the
governor OF Ohio TO proceed into Kentucky for the pur
pose of demanding person charged with kidnapping
IRON the capital OF State He went 70 the governor
who referred the whole matter TO ludge-Judse Ma
| son-wel known both 10 the senator hom Kentucky
and myself, and the investigation 10 he den-
hy OF the party, but 10 the kidnapping The de-
mand made under the law Of Congress- but the OBJ
lection TO surrender under ACT OF the State Lei
those who obecto Stale legislation, in hindrance of the
right to reclaim fugves from service reform their
laws 10 regard to fughves from justice But, Mr. Pres
dent, did not intend 10 go into this discussion Il
to me- very clear that this ght be right under the
constitutions TO be placed upon the same footing
every other statutory night II cannot safely be placed
upon any other ground Claims of right the services of
individuals found under the protection OF the laws OF free
State must be investigated in the other
claims Of right Ii the most ordinary controversy. in
volvng contested claim twenty dollars, be dec
ded by jury surely controversy which involves the
right OF man 10 his liberty should have similar trial
And my objection 10 the amendment proposed by the
aor from New Jersey is that II requires, a condition
jury trial. an affidavit OF The party claimed that he rs
free. No such condition should be imposed. The de-
fence TO claim Of the custody and service OF any
should be free from every embarrassment any other
defence against any other clam.
One other word cir. Difficulties have arisen in the
Tree States IN regard 10 the recovery OF tugves from la
bor but have they not consequence OF attempts
to seize alleged fugitves without any process
MI MASON u IS perfectly lawful to do 20.
Mr. CHASE. know thai II has been decided, but
think the decision wrong do not believe that slave
claimant can go into any State Of this Union and take
person under the protection OF its laws and Upon his
mere assertion that the person seized fugitive from
labor, carry hum off, without process, by private force
deny utterly that any such proceeding is warranted by
am aware, goes that length but that decision
manded The assent OF my judgment And, Fir, Just
long as thus night to use private force without process IN
Of this kind is insisted upon and acted upon Just
so long will these difficulties continue Upon that gem
tlemen may rely IL will not do for any 10 90 into
State where eyerylega presumption in favor Of free
dom, and seize person whom be claims a fugitive
slave, aud say this my slave and BY my author
ity under the constitution OF the United States shall
carry him OF, and whoever inerferes does so his
PERIL ne asked, where IL your warrant land he pro-
duces none where your evidence oil claim land he
offers none. The language OF his action is, "ny word
stands Tor law The laws OF your State stand for nothing
against my claim"
In every case far as | aware, where excitement
and violence have occurred has been in consequence
OF the assertion OF such right this And you may
rely upon IL that so long such right practically
serted there will be excitement. You may rely upon il
that, long you send your agents into the free States
TO seize and carry of this class persons without any
and upon other authority than that OF the claimant
long you encounter difficulties. and serious dlfcues.
large share Of all the trouble that has arisen due
this OF Pennsylvania Pngg Before that decision
and very lc complaint had been made OF difficulties 10
the way OF the reclamation Of fugltves Most OF the
States had very summary remedies They had egslaed
quite far any one claimed they ought to egsste
That decision II authorized private SEIZURE, and
daclared the State laws unconstitutional and that the
State magistrates could act under the act of Congress-
except as the agent OF claimants Then that
these difficulties And Just long that decision
il regarded furnishing rule OF rgh, and action will
acments OF Congress-
Mr.. CASS riss simply TO make an inquiry. take
II that the rejection OF this amendment will not prevent
the subsequent introduction OF OF the principal iea
lures contained in the amendment
The PRESIDENT. Certainly not
MIR. DAVIS, OF Mississippi. | struck with some
remarks OF the senator from Ohio who sits behind me,
Mr. CHAsE,l who says there OF kidnapping
which have occurred in that part Of Ohio in which he
natl think il is very frequent there, bn il il the
other side II is the OF persons passing through
the country the national highway, by the Ohio nver,
who are kdnapped and IL 3 Constant "a to rous-