The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-21

tested because of the ndgniiies hsaped on their ct-
zens and the losses which they sustained in that city
In that case the Judge OF the State court required proof
that slavery was established in Maryland and went so
far TO say that the only mode OF proving il was by
reference 10 the satuie-book Such proof is required in
the senator's amendment; and il he by this. that
proof shall be brought that slavery is estabhed by exist
ing laws il is impossible 10 comply with the requston
for such proof can be produced apprehend any OF
the slave States. | am not aware that there is single
State IN which the institution liz established by positive
law On former OCCASION and different topic
my duty to endeavor TO show 10 the Senate that such
law was necessary for its establishment certainly
could be tount, and none required in any OF the
States OF the Union.
come to the next provision OF this proposition
which s, that this commissioner. who is MOI lawyer,
who Is subordinate officer of the court, required TO take
deposons or audit accounts to determine on the con-
srucon OF this law and what evidence he must require
in its execution. And presume, if the object be. as 10
nine out OF ten wbe with officers OF this class
not to and the claimant but TO throw difficulties in his
OF statute laws establishing slavery in the State in the
instance of the New York Judge and no such evidence
10 produced, the slave will be allowed 10 go free But
suppose he should be required to prove the existence Of
the law OF the States is required prove the
lstence OF foreign awunder the rules OF the common
awwhat is the claimant TO do Them He is prove it
by one learned in the law and this commissioner might
therefore, devove the claimant the necessity OF taking
one OF the members Of that learned profession from his
State with him 2 what "a the law i, Even the
doubD not to require proof OF this nature, is still
one of the difficulties which may be thrown in the
way. Another provision Is, that if the iugive shall
make his affidavit before the commissioner or Judge
that he does not service to the claimant, jury
Of twelve men must be summoned to try the case
Now, thus idea oil lnterposing jury trial IN State
where the fugitive arrested, preliminary TO adudgng
the right OF the claim Tor his service, has been PROPOSE
ton brought up by the aboonst societies and the liberty
people in their various public meetings in the different
free States and, according to my recollection has been
occasionally recommended by the legislatures OF Of
those States But whenever brough, the notice of the
yhQnc trua aH
in the expression OF aconycton, in which share that if
that principle should be adopted by the federal govern
meni. il would be notice on its staqe-book Of refusal
on its part good faith TO execute the provisions of the
constitution of the United States. II you pass law
which shall require trial by jury, not one man in
twenty whose slave escapes will incur the risks
pense OF going after The fugitive 1t proposes trial ac
cording to all the forms of the court trial by jury
necessarily carries with it trial OF the whole right and
trial of the right to service will be gone into according
to all the forms of the court, in determining upon any
other fact 1t must be tried in term time, if not,
evidence TO be adduced in the usual form, and with all
The rights delay devolvng on each party, plaintiff and
defendant, which exist in civil caseshe right OF delay
10 get evidence, to delay the partys affidavit;
and these rights to delay involve that OF sending 10 dis
tan States for evidence. This involves the detention of
the fugitive in the tmea detention that is purely
informal and whether the jury should should not
render righteous verdict in the end is matter will
not inquire into for it is perfectly immaieria the de-
lay itself would ehecuay defeat the right OF reclamation
shall not argue this matter OF the right OF trial by
uries but understand the settled and fixed opinion OF
The citizens of the slaveholdng States to be that the right
OF trial by jury adopted part OF the law OF the federal
government will be taken AS sufficient evidence Of re-
usal of the federal government to execute eecuay this
clause of the constitution. trust the amendment of the
from New Jersey will not be adopted, and that
shall secure the amendments which have proposed
which very extensive in their remedies, and which,
think If any law can do it, will reach the evils which
now surround this subject
Mr. DAYTON A lew words, Mr. President. in reply
to what has been said by the senator from Virginia
The honorable senator tells that the experience of the
savehodiDg States in reference TO this matter has been,
that is always useless to pursue fugitive slave into
the tree States and he tells that he knows instance
where slave has been given up under the force of
judicial authority and taken quietly back to the State
from whence he fled.
Mr.. MASON, lin his seal) OF late years within six
or eight years past
Mr. DAYTON The senator says within the last six
or eight years. Well, Mr. President have a pre-.
given the Senate three instances in my
own State which have occurred within that number OF
years. Sir. we border Stale We are OF those
unfortunate States which IN reference TO this matter OF
fugitive slaves perhaps troubled than any other and,
so far as am Individually concerned, wish the owners
had every Of their iugilves back again They
pest annoyance to u.s. and yet our people disposed
TO give them up only according 10 law. There have
been three as have before stated in the State OF
New Jersey within the last years. and TWO OF them,
think, within the Last four or i've years, in which
slaves were given up under the finding OF lurles and
two oil these slaves were given up under the hndng OF
junes made up almost exclusively of Quakers Sir,
there s tribunal upon which you rest your rights
safely than upon the oahs Of twelve homes, men,
sworn then and there, al the time, upon evidence, 10
render verdict according TO law and evidence do not
know what may have been the state OF things in other
Staes-l speak more particularly in reference to my
own-but II is but few years since-I think within the
time designated by the senator from Viginatha these
verdics rendered in the State OF Michigan There
has, so far as know, been little difficulty reference
10 these cases In Other States. Judge only from what
| see IN the newspaper reports. Certainly the senator
from Virginia, AND other senator's representing slave
Safes must have large and ample experience tnan
we can have. speak with the light that is before
Those cases in Michigan comparatively OF recent
hura han haar In pann1 xtlxa
MIA within the last two years There have been since
the sitting OF this Congress two cases think, IN In.
diana Illinois There have been two other cases in
Ohio. The where the fugitive is rescued by the
mob is the exception, and not the rule Wherever
has been MADE aud action has been commenced
so far as know, ample damages have been awarded
and the amount paid But, SIR, THIS is geneallza
ton, know. II is merely expression oil opinion
predicated far concerned not upon extensive
knowledge.
word, them in reference 10 the exceptions which
taken 10 the details Of this bill The honorable senator
says the bill provides for the appointment OF commission
ers and that cannot get these com nssones 10 exc
cute this lawtha they will be ovcrawed, preyed and
wrought upon by the sentiment OF the public around
tor from Virginia The class OF persons, and APP
pointed in precisely the way. The only difference
is that by his bill not than three commissioners are
appointed in each county, while my amendment provides
commissioner IN each county. II IS the same class OF
persons precisely Who else, sir, you select' AL
ready the federal judiciary have jurisdiction this
very question: under the OF 1885 and by your amend
out the provisions OF the bl-persons who and
take the place OF State magisiratesyour justices OF
the peace WE'LL sir IL TO be supposed that the district
Judges oil the United States, in the selection OF their