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


the fact heard upon precisely the evidence before
the jury il is heard before commissioners Ii involves
no more lime, beyond the bare Tact OF summonng jury
and that suppose in the majority OF the free States is
done in hour In two out OF three of the Jury trials
proposed in the North, they tried before
upon jury summoned at sight One man is summoned
here and another there and there Is no ms and com
paratively expense incurred the jury settles the
ter. and the man takes away his slave.
MIR BERRlEN desire TO make brief remark upon
this question The distinctive feature Of the amendment
proposed by the senator IRON New Jersey TO which
wish to call the attention OF The Senate, that which
provides for trial BY jury composed OF persons living in
the Stale which the fugitive has escaped Now sir,
presume we all agree that Il the object OF the pro-
visions OF the constitution to to the holders OF that
species oil property the rights which they enjoyed in their
respective States controversy has arisen as TO The
extension OF The operation OF he constitution beyond the
limits OF those States Within the States themselves
there 10 general concurrence OF sentiment that the pro-
vision OF the constitution intended to afford perfect
guaranty and protection, Now sir, what is the right OF
the holder OF this species Of property in the State IN
IN question, II must be by personal action and that action
must be brought in the place where he resides He
titled to trial by jury of the vicinity But what is the
effect OF this amendment II is TO enable fugitive slave
10 transfer his trial from the State in which the
sides to foreign, perhaps distant tribunal. | do not
mean to debate this subject do not mean to discuss ],
here | am perfectly satisfied that discussion can ef-
fect concurrence OF opinion upon this particular amend
ment, and have risen merely TO express the hope that
senators from the slave States will submit this question
to decision OF this Senate unembarassed with and un
encountered by any argument upon IT, Ii by vote OF
this body can be ascertaned that il is the determine.
ton of the Senate deprive the holders of this species of
property OF that right which the constitution was in
tended TO secure to themhe right to have the decisions
upon questions OF this Sort upon all other questions
for one, desire to ascertain it and therefore to accom-
psh my purpose, ask that the yeas and nays may be
ordered upon this amendment
The yeas and nays were ordered.
Mr. CHASE would inquire what is the effect OF a
vote upon this amendment Ii this amendment be adopt
ed VIII be then in order to TO amend this amend
ment !?
The PRESIDENT The amendment that is proposed
IS an amendment to an amendment. The senator from
New Jersey proposes to amend the amendment offered by
the senator from Virginia If that amendment prevails,
1t will not then be in order to amend it in the present
stage Of the BILL but il will be when reported TO the SEN
ate II i does not prevail then the amendment OF the
Mr. WINTHROP. | happen to have before me, Mr.
President little pamphlet which contains among other
things The following paragraphs, to which venture to
call the attention OF the senator from Virginia They
in these words:
In action brought the United States district
the southern district Of Iowa. by RueI Dsggs, Of Clark
other defendants Tor harbofng conceang and pre-
venting the Of plaintiffs slaves who had absconded
asa iowa. the jury found aved'' for the plaintiff Tor
similar Trial was had before Judge Mclean, the
cult court Of the United States by John Norris of Kentucky
against eight residents OF Michigan The number Of slaves
was four, and the damages given by the jury $2s56
This record OF OF the latest judicial decisions
IN the States to which refers II seems to be quite suf
cient evidence that, whatever nsumounlabe obstacle
there retaining the slaves themselves by means
of jury trial. there such nsurmountable obstacle
in recovering the most ample damages against those who
may have aided their escape
These two records 1t me- are IN some degree
tor from Virginia They prove clearly thai the
law now stands, the South so entirely without
redress Tor The wrongs OF which they complain.
For myself, without intending to detain the Senate at
any LENGTH cannot help expressing my cordial concur
renee IN the amendment proposed by the from
New Jersey. understand that amendment to be the
same which was land upon tables weeks ago by
my distinguished predecessor this seat and that was
prepared and proposed by him after careful consultation
with the very judge OF the Supreme Court under whose
ruling the jury returned of the verdcis which has
Just been read Sir, the senator from Georgia would
in The suggestions which he has made. 60 upon the
idea that there but question with regard TO these
fugves, or supposed iugtives who might be arrested
and that is the question, whether he belongs 10 the party
who claims hun But ii seems TO me that there is
other and preliminary question: and that IS, whether
he be fugitive al all whether he belongs TO anybody
IL seems 10 that II must always be question, when
ever this process served whether he be your slave
our reemani Whether he be your slave is undoubtedly
question which may be decided by the viciDage OF
the alleged owner. But whether he be our freeman
ought on the very same principle, to be decided in the
place where he is seized, and where his immediate lib
erty is about to be taken away from him.
MIR. BUTLER Will the honorable senator allow
TO ask him question fairly, going before the country
Whether there is single instance OF an alleged
going into nonslayeholdng State and claiming slave
not his own
MIR. WINTHROP If / understand the history OF the
law Of 1893 Alright think the senator from South Carolina
will find answer in brief statement OF that history
II was on this wise "John, free negro OF the State of
Pennsy vania said 10 have been kidnapped by three
white men Of the Stale OF Virginia. These three
white men indicted by the State of Pennsy lvana.
They fled TO the State OF Virginia. and demanded by
Governor Min, OF Pennsylvania, under the ilsugation
OF an abolition society, OF which Benjamin Franklin,
believe, was about that time, the president The gov
ernor OF Virginia. whose name do not at this moment
remember decided that there had been law, mode
no means yet provided under which that clause OF the
shtuuon, Just then going into OPERATION providing Tor
the return OF fugyes from justice TO be executed
He therefore refused TO deliver up the three white
who had been indicted under the law OF Pennsylvania
as having kidnapped free negro Gov Mi6n, in con-
sequence OF thus state OF things communicated the facts
to General Washington, then President OF the United
States, and General Washington communicated them to
Congress Upon these facts, thus communicated, was
based the law OF 1923 That law provided, in the first
place, for the return OF fug,es from justice and an
amendment was added to afterwards akDg provision
for the return Of fugitive slaves That believe to
have been the history of that statute and that
Tor the fact OF these two ncongruous subjects
beng united in the same bill Ii does seem them sir
that, at the very outset Of this government case oc-
CURED like that inquired for by the from South
Carolina, and gave origin TO the very statute tina, now
as TO any other suppose that other may have
happened admit that they not very likely TO hap
pen But as long as there "a danger that such will
occur-as long as the law leaves opening through
which they may occurso long there will be opposition
10 the execution OF any statute which may be provided
Tor the delivering up OF supposed ugtves from slavery
in this summary and irresponsible manner.
And this leads to say one word more in regard to
this question believe IN all sincerity that fugi-
ve from labor would be recapured and recovered by
their owners, under law which provided for a trial by
jury than under the present provisions o the law 793