The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25

substituted in committee may be perfected before the
question is taken upon the motion OF the senator from
Kentucky strike out all after the enacling clause
MIR MASON Ii has been determined BY the Senate
the amendment offered by the from MARYLAND
mir PRArrl that The bill should moi provide an ndemn
" 10 the owner OF the fugitive where demand had been
made and proceedings Instituted TO him, and
where those proceedings have been uns uceessu This
is one understand, OF different character, although il
prov des indemnify also The provision contained in
the bill is, that ii the fugitive shall be arrested upon pro-
cess issued by The federal officer pursuant 10 the provisions
OF the ball. and after that shall be rescued from The officer
fugitive shall be paid for OF the treasury The
Tor IRON Mississippi Mr. DAvs proposed TO strike that
out Now, voted Tor the amendment OF the senator
from Maryland. [Mr PRATr,] and shall vote against
striking ont this provision OF this bill am perfectly
aware that, inasmuch some OF the senators from
slaveboldng States have evinced a Discrimination TO
have cali made upon the treasury OF the United
States in the case of the loss OF the fugitive the
motion will prevail, SHALL therefore, not press il upon
the savehodng States 10 this indemnify for their citi.
zens unnpalred The constitution OF the United States
makes il mandatory upon the general government to see
that the ngitives shall be delivered up The language OF
the constitution is that the fugitive shall be delivered up
understand that to devolve the duty upon the govern
ment Of The United States that the fugitive dev-
cred up. And If the goverRmeDt Of the United States
does not choose consent TO the power to enforce that
delivery, read the constitution, is IFS imperative duty
provide that indemnity shall be paid for the
Nor have | been at all affected by the suggestions
made by gentlemen that this would open the way TO
general emancipation OF slaves. by providing the ndem
nifty TO be paid out OF the federal treasury Sir need
not say the Senate trust, that do believe the
government OF the United States has power in any form,
either directly or indirectly, TO provide for the emancpa
tion OF slaves should be the last 10 give il the
least countenance The proposition here submitted does
not affect the emancipation of the slave in any degree
will still remain slave as he before; and after the
indemnify may be paid he will be subject TO capture as
much if the indemnity had not been paid. Il does
not affect the rights OF property ownership in the
slave The bill provides the best remedy which was sug-
gesed 10 the trainers OF il for the purpose OF efectng
the recapture OF the fugitive AS it now stands in the
BILL the indemnity is provided to be paid only when the
fugitive shall be rescued by violence from the custody
OF the federal officers. And if the federal government
ecutng It's laws, that il is not disposed to do So
The bill further provides that if violence is offered the
officer having the fugitive in custody shall have the
power to posse, order to prevent the
Thus will result, that if the officers of the federal gov
eminent fail carry this mandate Of the constitution,
and loss results, the treasury must abide that loss Il
receive the support OF gentlemen OF the southern States
though some OF them do not appear to think that this
provision ought to be made shall acqulesGe in the de-
of the Senate striking it out, but will repeat
that my opinion respecting ITS proprey remains ui-
MI. DAVIS, of Mississippi Mr. President, will
briefly say that believe the constitutional provision
points simply to the restoration of the fugitive and that
that alone its object. think proposition for the pay
the owner, if the slave should be returned,
will have tendency 10 prevent rather than increase the
number OF ugitives who may be restored because, If
is the loss of tine master, think there will be bu. few
cases in which the sense OF justice OF the population OF
the free States will not impe them to aid in the recap
ture think this sense OF Justice would be sted if it
provided that the claimant or owner OF the property
should sustain loss by the failure to recapure his
slave. This generous feeling OF the people would be
checked by being told that the claimant would suffer
does him. he win get the full value of him in
money. Think therefore, il would rather prevent than
aid in the recovery OF the fugitive also PROPOSE if this
amendment prevails, TO amend another section of the
bill the 10 Thousand
dollars for each slave which shall be rescued, to be
covered by civil action agans, those who had obsruct
with another amendment which shall make the cap
and delivery 81 the slave in his Sale under the
hands Of the marshal and summonng the posse TO aid
him. al the expense OF the government, and not AT that OF
the OF the property, think this would be eectua
where the slave be captured in securing his delivery
Where he cannot be captured the indemnity will avail
nothing.
The question being taken upon the amendment to the
amendment, II was agreed TO.
Mr. DAVIS moved further to amend the 4th section
by inserting after the word dollars" in line %, the
words "fer each fugitive so lost as aforesaid"
The question being taken upon the amendment, il was
MIR DAVIS moved further 10 amend the 9th section by
striking out the proviso which runs from the Goth line
to the end OF the seconthe object being TO the
delivery TO be made al the charge OF the party, where
there is danger OF rescue so that II should be at the
expense OF the government and not OF the individual
The proviso alluded TO is as follows
Provided That before such charges are incurred the
payment OF the same; and inca actual force be OPP
posed then they shall be paid by such claimant his agent
or attorney.
The question being taken upon this amendment it
also agreed TO-
Mr. DAVIS moved further to amend, in the 18th section,
9Th line, by inserting, after the word therein the words
cor Judge thereof in vacation"
This amendment agreed to.
The PRESIDENT then stated the question upon the
motion to strike out all OF the bill after the word THAT
and insert the substitute proposed by Mr. UNDERWOOD.
and heretofore published IN the Senate proceedings
Mr.. BADGER desire to ask whether the amend
mens which have just been proposed and adopted by the
Senate were made 10 the bill moved by the honorable
senator from Virginia, [Mr MAsos1
| The PRESIDENT replied in the Affirmative
Mr. CHASE moved 10 amend the amendment proposed
by the senator from Kentucky by striking out from The
first section thereof, in the 18th line the words "and
magistrates" He expressed his belief that the amend.
would meet the appreciation OF the honorable
tor from Kentucky.
| Mr. UNDERWOOD. The act of 1893 gives iurisdo-
ton 10 Judges OF the federal and magistrates of
the State courts In giving the commissioners, which my
amendment prov des for, the power, have simply re.
ferred 10 the OF 1903 The commissioners shall have
the power that Judges and magistrates have the
Sd section OF the act Of 1893 Now, the objection OF the
honorable senator from Ohio is that because the Supreme
Pennsylvania, these magistrates were not bound to
execute the law OF 1888 We had better strike that out
and leave the word Judges" alone, and then the commits
sloners would have the power gwen TO the Judges
toned IN the of 1893, saying nothing about mags
trates. Ii will accomplish The same thing. Really,
do not much necessity making the alteration. In
fact II will be the thing precisely whether the
word magistrates ~ stricken out or not
/ Mr. CHASE The description OF power, as stated by
thu firm mai