The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-02-27
CONGRESS-.
FHIRTY-FIRF cOsGgGSS sgcoso SEsSlos.
MoNpAY, FrreuArY II, 1851.
SENATE


petition from Dennis l.. Milliken, Wm Milliken,
j. IL. iiaiues and numerous other citizens OF
Burnhan in Maine, asking for n repeal modi-
lection of the Fugitive Slave Law AS under
stand the subject Of the modification OF this law
is already before the Committee on the dicary,
| ask that this memorial be referred 10 that COM
mittee
Mr. Butler. MIR President, have no objection
myself against any OF these petitions going to the
COMMITTEE on the Judiciary but most of them
have been laid upon the table. One or two have
somehow found their way TO the Judiciary Com
mittee. give notice that shall have nothing to
do with them. Gentlemen upon that committee
may take charge Of them il they think proper
give this notice, because it il perfectly in,ina-
terial tome whether the law is repealed or rnoji-
fed or not
The qurstioB heing a,st ts., haosioa. 70 refer 10
the Committee on the Judiciary was agreed TO.
Subsequently MIR. Atchison moved to reconsider
that vote
Mr. lIamIin MIR Pesident, il is known 10 all
the Senators that have presented various memo
rails heretofore for a repeal Of this law and have
myself moved 10 lay them upon the table, not be-
cause | believed il Was right, bat because that
was the sense of the Senate. This is memorial
asking for the repeal or modification OF the Fugi-
tive Slave Law. The Committee on the Judiciary
have, believe, now before them bill for that
purpose; and coming from such responsible
source az this memorial did, asking for repeal
or modification Of AN existing law, and signed by
men, some of whom are now members OF the State
Senate, others of whom have been members Of the
Executive Council, and members of the State
Legislature, and all OF whom are among the most
worthy efizens of oBy State, whatever might be
the sense Of the Senate, could DO no less than to
ask that it might he referred to a committee for
their consideration
2Ss PrSsiSs.,'sssS ioVaing ut the memssal the
Chair finds that it signed in blank, as it APP
pears, with printed paper pasted on il at tho
| top. Whether it was there originally when
| signed or not, cannot bc aScertained
| Mr. Foote | move to lay it with the hill Of
| Mr. Bright upon the table
Mr.. Chase think the honorable Senator from
Mississippi Mr. Footo is little mistaken in re-
gard TO the character OF the proposition made by
| the Senator from Indiana, Mr. Bright That
bill does not propose 10 explain the late law, for
it needs no explanation. But | hardly think o
legislative explanation would amount TO any thing
if it did. The bill proposes to revive the old
law, so far as TO enforce the penalties which were
imposed by it, But the United States Court in
the district of Indiana have decided that the law
of 500 repeats the law OF 1898 50 far as that is
concerned Tho District Court of Indiana hov-
ing no decided
MIR. Foote, (IntcrposDgI understand not sir
Mr.. Chase ! should have said 1t il feared the
District Court OF lplisna will 50 decide and that
the Circuit Court
Mr. Fo0te Win the Senator allow me 10 in
terrIpt him moment2 ! understood the hon
Orahlc Senator from Indiana MIR Bright 10 say
the other day simply that 1t was matter Of de
putation in court Being 80, it was looked upon
rs dcoirabc that proper Interpretation Of the
law should be liked by legislative action Wheth-
mt hig ~ fh. a moi I will
ifthere mas been cry adjudication, or any serious
apprehension That the courts Of Indiana would not
decide as they are hound 10 decide upon this Qucs
ton In my Judgment VIC should have TO settle the |
matter ultimately.
The President The question is upon rcconsd- |
eriug TIC vote referring the memorial, not upon
t,sa4t. s, = ss.A- 49,
question and DO mol mean ID tranagrcas the rules
OF the Senate | think it was proper TO say that
ir no such decision has been made, there is upon
the statement now made by the Senator from
Mississippi Mr.. Foote an apprehension that
such decision may be made The act Of 1880
provides for heavy penalties and greater penal
ties than were imposed by the act Of 1893; and
being upon tho same matter, 1T is supposed IL may
be repealed But pass from that subject, sir.
That bill however, be il Of whatever character 1t
may has been referred to the Judiciary Commit
tee There ~ now petition offered by my friend
from Maine, MIR Hamlin ~ coming from por-
ton of the citizens Of the very highest character
in his State, praying for n similar object, aud
submit il TO the Senate, without single word Of
explanation further, whether they are prepared
| TO make n distinction between memorials petit
tioDs. and bla, upon ono side of this subject, and
memorials, petitions, and bills, upon the other.
Mr. Seward The record Of the Senate, Mr.
President, shows this TO he the character Of its
past action upon this subject A petition relating
| to the laws concerning fugitivcs from service,
when presented, is referred, If the character Of
the petition be TO render these laws more stringent
than they now are bill introduced for such II
| purpose the effect Of which il 10 increase the
rigor of the law concerning fugitves from service,
has obtained reference Petitions for the amend
ment Of these laws 80 to render them less rig0r
| aus are denied such reference. That is one dis
crcpancy The record Of the Senate shows an
other namely--tbat when petition IL submitted
| TO the Senate upon the motion Of the Senator
| from Pennsylvania, Mr.. Cooper, praying for
| even an amelioration or repeal of these laws 1t
| receives reference. When petition for pre-
cisely the Same object is presented by the Senator
| from New York, IL is denied reference. shall
vote against the reconsideration Of the reference
| that has been made, not only because am in IN
yor of equal and exact justice 10 both sides of this
question, bat because it is my duty TO insist upon
equal and exact justice from the Senate TO all OF
| its members.
But. sir. shall vote against the reconsideration
| for another reason--for the reason that deem 1t
| most injidicious and most unwise to deny refer
ence to the petitions of any class Of citizens OF
| tho limited Staies Whether they are such as
| those who have sent here the petition now pre-
scented by the honorable Senator from Maine,
| IMr. Uamln men ofhjgh standing and influence,
| called here the elde OF society, or whether they
are presented by plain humble, unpretcndng
| republican citizens ] hold them all entitled 10
equal legislative respect and confederation ana
never stop 20 inquire never make it point TO
inform he Senate 81 the character title, or re-
nown, of any person whose ntmo is annexed TO any
petition presented by myaelL
| But there ie -tii another reason, which nm
glad 10 have an opportunity to siatc-th9t IT. that
il the object Of the Senate be To suppress aglIi-
ton. il is my opinion that they take czactly tho
wrong course 10 Jo il. For years upon years the
1 Congress OF the United States undertook, in this
| or the other branch or In both branches, 10 re-
fuse in any way or IN any manner TO receive anu
| eo,g;Jer neiitions upon the subject OF slavery.
The effect of this Was "a denial Of the right OF Pc
titiop Experience, sir, think, has settled the
point that that denial Of the right of petition in
creased the agitation upon the subject OF slavery
instead of diminishing IL Now, hold II 10 be
precisely tho same IN f,ct, whether the Senate
shall refuse 10 rcccite petition, and thus reject
| The petitioners from their DOORS, or whether they
shall go through the formality OF receiving pc
ition, and then lay It upon the table, denying It
| n reference or consideration. Whatever my
opinion then, Of the merits OF petitions may he,
am in favor OF those petitions being received WIN
proper respect, ard Of giving them, not only
! reading, but a consideration
And desire further 70 state, upon tbis sn,Jeci,
that Am in favor Of receiving all these petitions
for the purpose Of consideration nod OF ieglsla'
tive action The Congress Of the United States,
nj the last session. have attempted TO DO this
thing
The President. The Senator from New YORK
| understands the question. Does he not