The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-18
SATURDAY, JUNE Is, 1850.
I'm coNTINUATIoN.1


NEUTRALITY-SUSPICIOUS. OBSERVATION-DISCLOSURES
The Senate having under consideration the bill for the
admission OF California State into the Union, TO
establish territorial governments for Utah and New Mex
co and making proposals Texas for the establishment
OF her western aud northern boundaries-ihe question
pending being upon an amendment submitted by Mr.
HALE 10 the 18th section OF the bill, intended TO operate
so as TO bring contested question Of the right OF slave
to personal freedom before the Supreme Court of the
United States by appeal and Mr.. H. having modified the
original form OF bis amendment
Mr.. WEBSTER said We must come 10 some distinct
ideas on this subjects and those ideas must have relation
to our Objects or else shall not make suitable bill
believe there is no provision Tor the OF writ OF
habeas corpus in the territorial bill There ought to be-
as well as trial by jury and the other great principles OF
the constitution so often referred to- But anything is
particularly valuable Tor the protection OF personal lbe
y, the amendment of the senator from New Hampshire
inyolvesn That very provision constitutes the sum
and substance OF good in the whole because, suppose
person sues coored person in New Mexico, claiming
him as slave, and confines him, and habeas corpus
is moved for before OF Judges and upon the hearing
OF that habeas corpus the order Of the judge is remand
the coored person TO the place from whence he
there he decides the question oil personal freedom
sary and he decides 10 finally unless there express
provision in the same law to give jurisdiction 10 the
without jury, about which good deal has been said
The very case, therefore, most likely to lead to mis-
chievous results will be the case which shall arise the
return OF hdbeds corpus hope, therefore, for the bet
ter satisfaction OF the whole matter that the proposition
OF the honorable member from New Hampshire may be
adopted as 1t was originally making il congruous by
the rest OF the BILL and especially that cases involving
personal liberty, arising hobeas corpus may have
the privilege OF an appeal TO the Supreme Court of the
Mr.. BUTLER. recollcct when this subject was up
before, on what is termed the Ciayton compromise bill
1t was fully discussed in conversational way; and
collect at that time there was case brought TO the view
OF the Senate in this District, and il the very
which was contemplated by this bill. man OF color
asserted his right to freedom ii was brought before the
circuit court OF this District turn the case
this moment, but il necessary think can find it, re-
collect the counsel engaged in it, and the very question:
whether IN such case as that writ OF appeal should
be brought into the Supreme Court, discussed and
the court was inclined to think that the question OF per-
soua liberty could not be measured by dollars and cents
and that the might be carried up the Supreme
Court Therefore il thought unnecessary in cases
OF this kind to insert any amount. We need not
necessarily 20 to the Supreme Court for decision; we
have all the securities OF circuit court certainly All the
questions involving personal liberty in the Territories will
be decided before the circuit court and ii II decides that
the man is entitled to his liberty, whether upon habeas
corpus not, in OF trial before jury, pre-
pared TO say that there is necessity OF writ OF error
or writ oil appeal TO the Supreme Court more espe-
caly as think there is no standard by which you can
measure in dollars and cents the value OF the matter in
voved in the case of personal liberty.
As far as regards the Clayton compromise spoken OF
by senator's it was compromise upon point of honor
That compromise was very different from the bill be-
fore usnow. We had before then Oregon California,
and the Territories and OF the restrictions and
taments 10 which this bill is subjected IL gave us
right to try this question in very wide theatre, nvolv
ing interests in which all concerned Icannot
the necessity OF inserting this clause think an appeal
can be made. suppose party is much interested
the other In having this question decided by To-
cal decisions take it for granted that, il those who
maintain the right OF holding slaves in this Territory per-
severe IN H. they perhaps will be interested in an
appeal from mere local decision than those who 60 upon
the other groundhat this government secures the right
oil freedom to every one who goes there, whether he be
slave or not But want question 10 be brought up
TO govern me by the compromise bill OF Clayton said
that formerly would have settled this question and re-
stored harmony upon point OF honor. | would have
made any sacrifice at time to avoid this ISSUE But
now we, who stood in the attitude OF avoiding issues OF
that kind, had them forced upon The issues have
been forced upon US willing 10 meet the issue as
lar as can shall vote against this amendment, for
no other reason than that think II to be entirely
Mr.. HAMLIN. I think that there is very great pro.
priey IN adopting the amendment OF the senator from
New Hampshire.
The VICE PRESIDENT The Chair bers leave TO
state The question: II Is upoa thu amendment OF the
senator from kentucky-noi upon the amendment OF the
senator from New Hampshire
, Mr. HAMLiN: am opposed TO the amendment of
ne senator IRON Kentucky. an induced 10 vote for the
amendment OF the senator from New Hampshire because
prefer the language OF his amendment Il makes ire
.nauef definite and certain There Is nothing OF ambgu.
ny ABOUT ~ bat leaves clear and undsIued right OF
appear on writ OF habeos corpus, while the lanrIa
wnicn me senator from Kentucky proposes as a sub.
stuie LOT y raves quite probable a least that no rght
OF appeal would be allowed upon writ az babeas oorot,s
nj IN an