The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-24


such such law Who Is himself ssdsni Of non-s isvs-
since al the time offered IT, by the honorable senator
from Michigan, lMr CAss,] who told me that il had
been drawn up by gentleman from -slavehoding
Stale upon consultation with others, and submitted
him as law which would be efectua for our purpose
and would reconcile many OF their people, and their
preudces. which would otherwise exist against this
capture.
have consulted, therefore. in adopting il, fully
the honorable senator would desire TO consult the
wishes aad opinions OF gentlemen from that quarter OF
the county II was drawn up in good faith and by an
able hand The additions made 10 il have been the sec
tons subsequent TO the 9th Now, sir, submit 10 the
senator, have said before, have objection in the
world il il would concate gentlemen, adopt the mode
proposed by this bill and il he would withdraw his prop
osi,ion 10 substitute his amendment Tor mne and oner
ment would accede 10 it, and then il he thinks ne
make any amendment to what offered by The other prop
ostons. all OF which are independent LEI them De iiea
sections which will adopt in lieu OF The fret section OF
mine, and then he Try The others, II hechooses to do
MIR. UNDERWOOD AT the time made the prom
Use to vote ior my friends bill, not that
included proposition similar 10 that OF my friend from
MARYLAND, mir. PRATT.l | wish 70 retracl a little, II
that ia the case II had escaped me at the time wish
to make remark in reply to 10y friend from Virginia,
[Mr MAsoNl He asked me, sir, whether i ever could
have been contemplated by the trainers OF the consu-
ton to make provision which myself have acknowl-
edged if carried out would evenluae in the entire loss
Of the property which the constitution was designed to
secure Now there easy answer The trainers OF
the constitution gave Congress political power according
my vew surprising that Congress- as sensible, pa,ri
otto men, would this political power IN way to
promote the interest and the rights OF the ciii-
zens and when Congress came to eglslate under TINS
political power. Congress-, assigning the reasons which
have operated uponMe heretofore, and upon my friend
from Virginia, [r. MAsoK,1 saying that TO go fully into
the right would procrastinate and delay N manner
which we can VEL see s ge hundred mules r rom
that prima facie should require the restoration OF
the fugitive to the State from which he fled, Is that
anything extraordinary The gentleman says that it the
remedy cost than the property in contest
worth, constitutes good argument against the power
Not at all, sir Every State in the Union has its higher
jurisdiction. Now, Il you compel that has i've
dollar to in the highest tribunals in the circuit
courts, every will at once that the remedy you
prescribe to him, and the only remedy you afford to him,
great deal more than the matter worth In case
OF that Sort everybody says that you must have your court
organized according 10 the nature OF the case you nave
court be nconsderabe and inexpensive, in proper
ton to the then You have magistrates vested with
jurisdiction from five shngs up 70 five dollars The
eminent to require suit even Tor cent to be instu
ted in circuit court, where the lawyers fee may be i've
dollars, does not alter the power al all II is simple
question addressed TO the legislative department SO that
my friends argument based upon the loss OF property be-
Of the expense TO be incurred IS no more an argu
against the exercise OF the power under The govern
OF the United States than Is against the exercise
OF power under State authority; and the case have
put illustrated that the power may exist ana may De ex
make the remedy more expensive than the value OF Inc
thing in contest
that fugyes from service labor shall be returned to
those to whom service labor is due it necessarily in
wolves inquiry into the question whether the service
due TO him; MIR. says it is due TO him and the per-
claimed fugitive says il is due to neither and to
no one how IS the government to act must deeiae
both setting up claim 10 this service or labor and de-
termine which Of them the fugitive must be restored
il must equally decide between the fugitive and and
D. whether service labor is due at all II then be-
comes question OF policy how tins thing 10 10 be
reached and the question that remedy may cost more
the claimant than the value OF the property worth Is
an argument 10 operate upon those who are vested with
jurisdiction by the legislation OF the country IN selecting
the remedy. Heretofore that argument has wisely ope
rated II has wisely produced the act OF 1888. wish 10
conhne the government 10 that early construction which
was pat upon those measures OF policy which must strike
eveybody and SO combining them BY this bill and sub
ecng Congress 10 act in this spirit, which acuated our
ancestors in 1923, shall escape that sort OF remedy
which both my friend from Virginia and myself equally
costs great deal more than the property involved is
worth Now sir. with this construction OF the constr
tuition, say that the delivery may be made 10 depend
upon conditions TO which my friend from Virginia has
objected with much force. What Is the condition
Ii that you shall have this matter OF right investigated
To illustrate, both in the OF the States and OF the IN
dividuals: You arrest person for crime you have
that eyne Investigated before magistrate, and that
mag delivers up the person after investigation Tor
what ito be sent away. Where ITO some superior tn
bunal. He Is sent away. and goes free upon con
to the superior court or he is DELIVERED up TO
be carried TO the superior court You dispose OF
him with a view to ulieror action. Ii you can DIS
pose OF criminals with view to Interior action, you
do daily and hourly, both the States and in the gen.
era no, postpone decision oil the
question OF night in tue which we have now under
coDsde and dispose OF the individual BY sending
HIM the place where this question OF right shall be de-
eidedl Is 1T not benefit TO the owner Evidently so
The gentleman and myself both that II you re-
quire tins question TO be settled matter OF ngh i've
hundred or thousand miles from upon the borders
Iof Canada yon take property without The possibility
OF our retaining IL IL is not worth the pursuit
But, SIR upon prna face in the manner IA which
my bill makes IT out and according TO the manner IN
which IN act OF 1898 makes II out, you will restore II
TO have the investigation made al home and this
will he of great service Will the gentleman re-
fuse this advantage 10 his constituents and mine
upon the ground That there Is something against
then digHy TO execute bond without secuny-tha II
will be something interfering with Their rghts-when as
conceive is reason, is benefit II relieves them
from doing what, strict constitutional right, am bound
10 conceive they have light TO do, but what think
ought never 10 be done has been done, and what
apprebend will be done, until those feelings oil
aninosity and hostility to Institutions shall pour out
upon US hope that time never will auye-l trust II
may Ii would be evil day TO this country Il II
ever should arrive therefore hope, sir that II this plat
form have given meets the appreciation OF the Senate II
may be taken and will act upon IT. prefer greatly
to the platform which my friend IMr. MAsoa] has given
u.s. and therefore wish The question TO be taken.
But must persist ia striking out as have moved.
i Mr. DAVIS, OF Mississippi. Mr.. President very re-
from Maryland. [Ar PRATT j doing il, however, from
conviction that II departing IRON that principle
which should govern us in our Legislation. 30 reluct-
antly did vote against it, that listened 10 every arsu-