The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-15

one OF the topics that have OF late been introduced here
Now do not understand really the practice OF the SEN
ate unless il is based upon the principle that il s wrong
have excitement here, and that all topics calculated
10 produce excitement shall be excluded
Now the senator from New Hampshire has put il upon
another ground He says that under some bill which
taken without trial by jury Now, sir the first article
in the constitution OF the United States applies slaves
the act Of 1923 applies to slaves; and 1 do not under
stand the senator when he says that his wife daughter
may be taken without the process of trial BY jury, by
the purchase OF affidavit under the provision OF some
bill which is pending before the Senate And will re-
Ter to the act OF 1893, under which the South have
right 10 hold and claim their slaves that may escape into
sister States II is that to which REFER and is to that
subject that the petition relates do hope the question
will Be LAID on hs table should ~ ass
older Than myself but DO feel il my duty to make the
motion 10 lay this question on the table.
The question being then taken BY yeas and nays the
YEAsMessrs. Borand. Butler, Clemens. Davis Of Mis-
sssipP Dawson. Dickinson. Downs. Foo,e, Mason, Nor
NAYs--Messrs Badger, Baldwin, Bradbury. Chase,
Clarke, Cooper, Corwin Davis of Massachusetts, Day
Greene, Hale. Hamlin. Jones, Mangam, Miller, seward,
Smith Spruanse, Surgeon Underwood, Upham. Wales,
So the motion to lay the question Of reception on the
The question recurring upon receiving the petition.
Mr.. UNDERWOOD said want to make remark
do it not The gentleman from New Hampshire is,
think, OF the most astue senatorial gladia0rs, IN
reference to the subject Of slavery that have met with
and think the remarks which he has made on the re-
cepon Of this petition ought not to 90 to the country
without being accompanied BY something in the shape OF
reply is perfectly manifest that he wishes to get up
war now upon the subject OF the right Of trial by jury
And these petitioners since this bill for the reclamation OF
fugitive slaves has been reported in the country, seem TO
have taken the same object in yewZto make an issue.
and to excite public sentiment upon that matter connect
ed with the subject OF American slavery
Now, the question that wish the northern people to
consider when they want TO apply the right Ct trial BY
jury 10 the subject OF the recapture OF fugitive slaves
is ths Where is that jury trial to take place At home,
where il take place Or shall i take place in the
country 70 which the fugitive flies Why SIR, The PEG.
pie Of the South have always regarded the fact that the
northern people dstrusted their tribunals, and refused
even to deliver those who indicted for crime for the
which hy Il is an insult
and whenever case oil that recurs the law. they
say us You have instituted law BY which you can
give fair and impartial trial to those who may be
accused and indicted Of crime, and hence will not
surrender be tried BY your judiciary your jurors at
home, those who may be accused Of offences there
his oes I
these terms, TO institute the State 10 which these fug
tves may escape anything like final adjudication upon
the rights OF the partesl Does he intend by the trans
fer d jurisdiction to the territory where the slave
may be apprehended, final settlement Of the contro-
versy so as to make the adjudication in that bar
to any trial at home If that be the object Of the gen.
teman, he must see at once that il becomes question Of
great Importance the part of the people OF the South,
to resist anything like change of venue in reference to
their rights They will have the trial conducted at home.
where the witnesses reside and where the testimony
be taken, and not in foreign jurisdiction with all the
procrastnaton incident TO settlement Of that sort
Mr.. BALDWIN tinterposng) inquired what would be
his opinion, ii the person arrested as fugitive slave
should claim to have been always freeman and resi-
dent OF the State where he was seized!
Mr.. UNDERWOOD | will answer that question. We
have in all of the States, far as know, something like
q Y a
you examine into the before putting him upon his
na trial, before you even take the case before grand
Jury, and long before you take il before petty jury to
decide upon his guilt or innocence. Now, sir. what
regard necessary in the apprehension OF fugves
this preparatory examining investigation and that the
question ought to be- is he fugvei and then, when you
to the neighbohood IRON whence he fed and there You
have investigation whether be be slave or free But
the whole object to be TO transfer this ques
ton Of jurisdiction to another place, and not let this
investigation be mere preparatory but 10 make 1t
final decision OF the controversy and thereby transfer the
place OF decision from the State whence the fugitive
comes 10 the State where be may be apprehended Sir
il that is the doctrine that the senator from New Hamp-
shire presents, and il that is the Issue which be is
about TO make under this idea OF having jury trial in
behalf Of human liberty be seen at once that il is
vastly important question in reference to interests which
involved, and tmus be at that he is throw
ing Sss ia upon he h claiming Inc
OF trial, and the costs OF getting witnesses face to face
before the examining tribunal where the question must
be brought nave merely thrown these ideas out, win
hope that they may go 10 the country with the
remarks Of the honorable senator from New Hampshire,
that they may understand fully the change Of which
is 10 be made under this idea.
Objection to the petition being then Withdrawn, II
was received, and laid upon the table
ADMISSION OF CALIFORNIA
The Senate resumed the consideration OF the motion TO
refer TO the Committee Territories the message OF the
President OF the United States transmitting the consitu-
ZION Of the State OF California.
Mr. DOUGLAS, having the floor, resumed and con-
cluded his remarks 1.-THE speech OF the honorable
tor being withheld for revision will appear at early
day. : ,,,.,
Mr.. HALE and Mr.. DAYTON addressed the Chair,
but the former obtained the floor.
Mr. FO0rE. Mr. President, | understand that the
honorable senator from New Hampshire wishes only TO
obtain the floor upon this question.
Mr. HALE That is all move that the further con-
sdeation OF these resolutions be postponed till Tuesday
Mr.. DAYTON. Well, / suppose can be heard upon
that motion. | make no objection, OF course, to my
friend from New Hampshire applying for the floor but
has obtained here OF late. The rule OF the Senate
qures that whatever member wishes TO address the Pres
dent shall in his place. II rule which sup.
pose made for the purpose OF keeping good
order do not like this plan, which has up within
two or three years, OF taking by the senator ad
dressing the Senate for the purpose OF catching the floor
The question being then taken upon the motion TO
postpone the further consideration OF the subject until
Tuesday next, II was agreed 10.
The Senate resumed the consideration OF the resolu-
lions OF proposed compromise submitted by MIR. CLAY
Mr.. BADGER. yielded yesterday, very cheerfuy,
every claim that might have had upon the courtesy OF
the Senate TODAY 10 speak upon these resolutions