Weekly national intelligencer., 1850-06-08
DEBATE in THE SENATE.
MONDAY, MAY 81, 1850.

ne senate having unOer cOnsucfahoh sPSSiS
being the bill to admit California State into the Unon
to establish Territorial Governments for Utah and New Mex
and making proposals to Texas for the establishment
her western and northern boundares-
Mr.. MASON II is my desire, in the remarks which
intend submit the Senate the subject OF this bill to
review, briefly may, all the measures combined IN IT.
which recommended by the committee which brought
n, in order that may point those parts upon which
may agree with the committee, and those upon which, as
they stand fear shall not In doing this would
first advert which, although they do not
form part of the bill under consideration, have been con-
nected with it, and are recommended by the committee in
their report part Of the general scheme OF adjustment
which that report And wish do because,
me, Of the provisions the bill relating to
the reclamation of fugitive slaves has been subject OF some
misconsucion the part Of gentlemen with whom uu-
ally acndsed Of several Senators from the Southern States
The amendment proposed by the COMMITTEES to which refer
that which gives authority the claimant OF fugitive
slave when he goes the State in which such fugitive
found take with him record evidence sufficient to ent,e
him recm the fugitive without furiher testimony, and
without oral testimony II has been thought by some gentle
men, who probably nyt fully considered IL ss thispro
vision would be found Objectionable on the part OF The
claimant When this proposed IN the commit
seemed me-and yet entertain the opnionihat It
would become valuable advantage the claimants Of slaves
who pursue them the free States will be found, IT
gentlemen will look at it. that il is not made the exclusive
evidence which slave shall be recovered The claimant
is not required himself with this record but he do
so or not his discretion Yet strongly inclined to
think it brought into practice that there Will be
very many occasions which claimants will be glad have
this record evidence. But however this may be-
the provision cumulative ony and not exclusive ard the
claimant may take such record, dispense with IL and
rely upon the oral testimony of Witnesses he deems best
think, therefore, that the proposition, recommended by
the committee, will be found valuable suggestion, and 10
practice will go far facilitate, and diminish the expenses
attendant on, the reclamation Of fugitive slaves
There another provision the bill, which has been
recommended by the committee and TO which am sorry to
say not give my is that which provides that
when fugitive shall declare that be free man, the claim
ant shall enter into bond to secure to the fugitive trial by
jury the State from which he has fled When this was first
proposed the committee seemed to me that would be IN
any whether the provision amounted to much
little, which might very safely be yielded to- Al
though gave direct sanction to it when proposed IN the
committee, acquiesced far to agree to it as recon-
mendaon, reserying myself the right OF Offering such
considerations the subject the Senate might after
wards suggest themselves. disposed to think now that
cannot give my assent to 1t as member OF the Senate
The first and greatest objection have s thar, practically,
think it will be found operate nurousy the master
who recaims his save because pending the time within
which the slave is entitled trial. the master would not be
able dispose OF him, and we all know that In nineteen
cases of twenty where fugitive slave is recovered It is
advisable dispose of him Immediately hrst on account OF
example, and, secondly because by abscondng he has
forfeited the confidence Of his owner-and might therefore,
prove serious mischief to retain him in that equvoca POSI-
lion under the bond of his master But in any view, such
provision wholly supehuous because In every save-hod
State ample provision made by law to secure the rights
of any who asserts right to freedom They are allow
/
to ensure his safety pending the action, and full
made for sufficient liberty to prepare his case tor trial.
which is always by jury addition to which the courts are
required to furnish him with proper counseo conduct The
case There is another which presents Itself very
focbIy to my mind It unnecessarily tramnels and emoar-
rasses the Of this species Of property and IN mea
Inconsistent with the full tight OF reclamation secured
10 him by the constitution BY the csnsution rho fasvs
slave Is to be delivered up claim OF the party anu
in deogaton of this right to deliver him only on CONDITION
think therefore. when come to consider that oi' NV"
Il. hoto "a aypyIfk hat nrpy pyIsrDn
Another hill; that which proposes aboh what is called
the slave trade in the District Of Columbia Is one OF nose
from which dssented in the committee ana rom
which shall continue to dissent. IL inenasa pa Pun
of the general compromse which it is said the bill under DIS
cusson PRESENTS fear that far Senators nom the south
are concerned-o large majority Of them at eas'-t VIII
constitute an insuperabls objection.
sir upon this subject my own opinions untra
meed could and would give my assent to the
of such law this time by Congress Yet consider
that all discretion his subject taken from me- by reso
luton Of the General Assembly Of Virginia passed at the last
session. the abolition Of the slave trade n the District OF Co.
umbia by law of Congress made of those events,
on the occurring Of which the Governor OF Virginia required
to convene the Legislature forthwith that the state may oe
placed in proper position to meet It,
Mr.. FOOTE. Will the Senator from Virginia allow me
interrupt him for a momenti
Mr.. MASON II for any personal or other explanation,
have objection yield the foo but would rather pursue
my remarks uninterrupted However the Senator from Mis-
sissippi can have the foor.
The VICE PRESIDENT The Char takes this occasion te
say that the rules are that when Senator is
when point Of order is rssed Senator may De interrupt
ed for explanation, be called to order The Chan
would suggest that this rule should be observed
strictly possible.
Mr. FOOTE. hope the Chair will allow me to say that
the oldest Senator's and the experienced had not COM
menced this practice and continued it, never should nave
But the practice has become necessary Tor SELF
defence
Mr.. BERRIEN wish to suggest that, with the purpose
for which Senator from Mississippi rose sup
posed the proceeding be perfectly in order IL was 70 cor
rect what he supposed msappehenson on point OF
fact upon which the Senator from Virginia about to argue
And now apprehend that any Senator, ne was going to
argue on stale which he supposed to exist but which
did not exist reality, would be pleased rather than d'
pleased such interruption do not know DO" the mat
ter stands this particular but supposed the senator
from Virginia would put possession the facts oy reef-
ence to the resolutions themselves
Mr. MASON. am perfectly willrg to be corrected IN any
gentlemen must be aware that 10 De
rupd when closely occupied the subject under discussion
deranges the Of thought and necessarily mpas aud
binders the the mind Unless therefore, IL be
for purpose of personal explanations seems 10 me pet
ter that it should be esoed to- 1t was with that WV
that on Welding the Aoo added that did so in the hope
that the Senator Mississippi snd intended the remark
TO apply Senators generality would allow me 10 pocefd
without interruption. Certainly, say any thing OF per-
sona character which requires exp'ana'lon VIII cheerful
| ly yield to an interruption
Now sir as 10 the fact think should hardly have an
popnced "a, the Senate resolutions from the Legislature OF Vr
on;a nm any subject involved in action, which
was 10 act without knowing what about. Sir, have
the resolutions and intend presently to ask the Senate