Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

prevent them from coming hereafter but also to pass such
laws as will ultimately remoye-I will not say expe-hem
the State And dare say that the population there viii
dense that these poor creatures win crumbe to de-
cav under the superior competition of The white man, will
perish by slow degrees.
And this is the State whose legislation is sensitive Of
human right sensitive only far affects the master going
for his own property They will protect the slave as long
the in pursuit of him. After that they will let him
perish for want Of Bread or drive him out in way
And twill be done. All have say is that gentlemen must
not rise here with SO much sentimenality.
Mr.. CHASE. Mr.. President the acts Of my State may
be in her statute book and in her public history
The whole country may read them there. They will find
little in the laws of Ohio which inficts injustice much
which secures rights, relieves Distress and nstucts intellect
in those OF any other State shall not refer to the petit
tons of individuals. look to the authentic action Of the
State And when the Legislature Of Ohio shall pass act
lift shall pass such which authorizes sanctions
oppression and wrong towards any individuals the hum
best and the lowest though they be- the Senator's denunca
tons will not 90 beyond miIe. But will wait till such an
act be passed.
In relation to what has fallen from the Senator from Msss
sippi have only say that know of than two
three cases. in the Of long residence in the city Of
Cincinnati where any person has been taken from the
vice Of any master in any way am glad to hear that in
Mississippi and in other States if person is charged
kdnspper, and the crime is proved upon him. he will be
dealt with as he deserves and held feon. Nor do doubt
that legal questions respect personal liberty may be SAFE
" referred the abiameu Of Southern gentlemen Those
decisions which 60 furhes in favor Of freedom in de-
pendant upon the effect of local law found in the reports
Of the slave States Of Mississippi Of Louisiana, Of Kentucky
These decisions affirm distinctly the local character Of slavery
and the freedom Of slaves who with the consent Of the
ter pass beyond the saveholdng jurisdiction into State
or country where slavery is not tolerated by the local law
Now it is exactly in this class Of cases that very large
number Of th instances Of difficulty in reclamation have
Cured. will suggest slave is brought BY q
master into free State. The law determines the condition
Of the person. The slave becomes freeman. He refuses
be considered any longer slave, to continue in the
service Of master who regards him SUCH He do
He has perfect right to do according to the decisions OF
the courts Of slave States And yet If he exercises this
deniab right what complaints do not hear Of abolition
lists encing away of servants save-steang, and all that
And the MASTER under the circumstances asserts the right
service and undertakes to take that person out of the State
by simple force without the aid of any legal process any
judicial warrant does not every gentleman that there
must necessarily be excitement and contest And yet
sanse TO this illegal assertion Of authority would be stigma
TIED unwaantable interference with slaveholdng rights
was glad to hear the Senator from South Carolina say he
agrees with me in thinking the provisions Of the constitution
on this subject clauses Of compact have entertained
doubt about that And do believe that if there had
been any legislation by Congress this subject there
would have been halt the complaint or halt the dhcuy
which has arisen.
The question then being taken by yeas and nays the
amendment Of Mr. DAYros to the substitute of Mr. Mason,
resulted as follows:
Dodge of Wisconsin, Greene Hanln, Phelps, Smith, Up
ham, Walker, Winthrop-li.
IN AtchSOn,
ton Berren Butler Glass; Davis Of Mississippi Dawson,
Dodge of Iowa, Downs Houston, Jones' King, Mangum,
Mason Morton Pratt Rusk, Sebastian, Soule, Sturgeon
Turney, Underwood, Wales, Yuee--H.
So the amendment to the amendment rejected.
The question then REQUIRED on the substitute of Mr..
Mason. )
Mr.. CHASE offered the following amendment:
Strike all after the word executed, in line TO- Sec
May apply any commissioner appointed by this act
and shall be the duty Of said commissioners upon said ap
pcans giving satisfactory security for costs and filing an al
fdavt setting forth the of the alleged fugitive the State
which he she held to service and the fact OF
aforesaid issue his warrants directed to any officer
thorzed process requiring him to arrest the alleged
fugitive if found within the State and bring him her be-
fore HIMSELF other commissioner appointed IN said
under this act for ann a, 70 the M
other and upon the return thereof before COM
missioner aforesaid duly executed he shall issue his pre-
twelve dsnteresed eeholders who shall be well and
truly try the CASE and verdict render whether the
alleged fugitive held to service and escaped from the state
where held, forth in said affidavit and the said
commissioner shall preside at the trial. and determine the
competency Of the proof And the commissioner shall make
such orders custody and BAIL continuances for
and other matters may be full and fair
trial. and impartial decision And # the said Jury should
BY their verdict that the alleged fugitive held to SER
vice labor by the claimant in any State under the laws
thereof and did escape FORTH the said commissioner
shall order recng said verdict and authorizing the
sve 70 the State from which he or she ed And the said
shall make accurate OF all his pro-
ceedngs each under this act and he the same IN the
Office the clerk Of the Circuit Court OF the United states LOT
the district for preservation
Mr. MASON. The effect Of that amendment is to subst
tute trial by jury the question Of claim or no claim
The amendment was rejected
Mr. WINTHROP moved to strike out all Of the third Sec
tiou after the word State in the 47th line, and insert
Provided ho7ceue That certificate of any commissioner
as herein provided for shall be writ Of ha6eas
corpus issued by any judge Of any State United States
Court whomay be authorized by law issue the said writ
in other cases but shall be the duty of the said commits
soher other officer who may give any cerhcste IN the
claimed as fugitive Of his right to said writ Of corpus
and in case said fugitive shall demand that the FORMS
proceedings and residence shall be according to the laws
the place. in other where said writ is issued
Mr. WINTHROP. Mr.. President, do not propose to
say more than single word in regard to this amendment
In the Commonwealth which have the honor in part to
present here there very strong public sentiment that the
principle Of habeas corpus and Of trial by jury should be
Recognised in all where personal freedom at stake
The right trial by jury in these having been rejected
by the Senate and discussion that subject having quite
covered the case under consideration, have proposed
the Senate taken upon it. 1t proposes that when the
mssioners provided for under this act shall have disposed OF
the case ia this summary manne-and really it is most
summary manner in which this bill directs them to dispose
and this act provides that commissioner in he
remands slave captivity, shall have ten dollars and in
be decides that he is freeman he only receives i've dol
larswhen the commissioners shall have disposed of the
case in this summary manner, the fugitive, supposed
fugitive upon being informed of his right shall demand
writ Of habeas corpus the shall be brought before some
Irresponsible Judge Of State United States Court in order
that may undergo hearing in the presence Of
responsible magistrate than this bill provides for.
Mr.. MASON. Mr.. President, the amendment Of the Sc
nator from Massachusetts, proposes to strike out provision
which declares that in trial hearing under this act the
If ho G,uitiv not