Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-04-30
From the Washington Union.
Cen. cass and the Fugitive Slave Law.


V commend it to the careful attention OF those who
have been deceived by the ingenious misstatements
which have been often circulated for the purpose
If iniuring this old and 1ongtried Democrat IN the
ostimation of the South. The organ OF the Wing
nartv here in Washington has, over and over again,
ppotended to find in the circumstance, that General
Tass was not present when the final vote was gwen
on the passage of that law. reason to doubt his Will
incness to acknowledge his responsibility Tor the
rrincines contained in the law. Will the Repubt1c
how that it sees the Wing party unwilling to accept
the Compromise a final settlement OF the slavery
uestion do its opponent the justice which IS due to
him as one of the first to take stand against the
Wilmot Proviso, and to vindicate the rights OF the
South so far they had been assailed through the
defects of the old law in relation to fugitive slaves
Gen. Ca,s-The Fugitive Slave BIN.
lIessrs DonelScn 8 armstrong:
As the time for the meeting of the Baltimore Con- |
vention approaches democratic preference seems to
he concentrating upon General CaSs as the hrst
choice of the of the party as their candidate
for the presidency. Those of his own party who are
most decided against his nomination, we'll rs 9TH
crs sometimes ;nsinuate, and at other times boldly
charge him with having dodgcd the vote on the ugl-
tive Slave bill in 1850 This charge. if true would
I've very serious objection to The nomination of Gen
Cass ] believe it is pretty generally conceded that
man acts from some motive or other. whether THIS
be true or false, General Cass could have had no mo-
tive in evading the vote on the passage OF the bill
His vote for the bill its final passage would not
have committed MIN more luIIy anu COulpIcGtly "
the measure than he was and is without such vote.
And it is to establish this fact beyond cavil doubt
that ask for this communication place in the COL
umns of the Union
On the 18th of March, 1850. in the Senate of the
United States the proposition for the appointment OF
the Committee of Thirteen being under considera-
ton. Gen. Cass said
:: My own opinion is, sir, that we should take up
the bill for the recapure of fugitive slaves reported
by the Judiciary Committee J am disposed to sus-
do1lo aOH 70 lax
business with view to act upon that bill, without
unnecessary delay, and to pass it in such form as
would be acceptable to majority of this body That
is point upon which the South feels most acutely
and in regard to which it has the most serious
of complaint have heard but one man in this bo
dy deny the existence of this evil the justice and
necessity of providing an adequate remedy.
The act of 1893 provided that the State magis-
rates in the various cities and counties of the Union
should carry that law into effect, This provision
has been since rendered nugatory, as these officers
will not now act, and consequently the judges OF
the United States alone have jurisdiction over the
subject. They are not enough for that purpose and
the law, therefore, requires an amendment |, tor
one am willing to take up the subject and provide
the necessary of carrying the provision OF the
constitution into full effect Such procedure would
have the very best effect upon the South at this time
1t would be pledge of our sincerity and OF our de-
sire TO do justice to that great section of our common
country
Here is as clear and as explicit declaration and
commital in favor of the principles of the fugitive
slave bill if not of the details, affirmative vote
on its passage would have been. But the Compro-
mise committee organized, and to twas referred
all the measures and propositions then before the
Senate of sectional character including the tugl-
tive slave bill General Cass member of that
committee and concurred in the report of its chair
man, reporting the fugitive slave bill back to the
Senate with recommendation that it pass. Here
was direct and unequivocal committal in favor of
the bill, both in principle and detail
IN fbo Inv cf Ar,r no To hov-
ing under consideration the fugitive slave BILL Gene
raj CasS said
When this subject was before the Compromise
committee there general wish, and in that
fully concurred, that the main features Of the act OF
1913 upon this subject, so far they applica-
BILE, should be preserved and that such changes as
experience has shown to be necessary to fair and
just enforcement of the provisions of the COnsttu
ton for the surrender of fugitive slaves, should be
introduced by way of amendment. The law was ap
proved by Washington and has now been in force
tor sixty years, and lays down, among others, foul
general principles to which am prepared to adhere
9 L. The right of the master to arrest his fugitive
slave wherever he may find him.
p. His duty to carry him before magistrate ir
the State where he is arrested, that the claim may
be adjudged by him.
80. The duty of the magistrate to examine the
claim and to decide it, like other examining mags
trates, without jury, and then to commit him te
the custody of the master.
4 The right of the master then to remove thu
slave to his residence
AT the time this law passed. every justice o
the peace throug hout the Union required to
ecute the duties under it. Since then, as we al
know, the Supreme Court has decided that justices O
the peace cannot be called upon execute the law
and the consequence is that they have almost every
where refused to do So The master. seeking hi
slave, found his remedy good one at the time, blu
now very Intellectual: and this effect is one that i'm
periously requires remedy. And this remedy
am willing to provide, fairly and honestly, and t.
make such other provisions may be proper and ne
cessary. But desire for myself that the origna
act shall remain upon the statue book and that tn
changes shown to be necessary should be made b,
way Of amendment"
This speech is short, and have copied it entire
But short it is to the South it is the speech of it
authors life 1t places Gen. Cass right in the est
NATION OF all southern men, of whatever party VIII,
are not blinded by prejudice; and may be pointed t.
by his friends and supporters in the South unmis
taxable evidence of Gen. Cass' patriotic devotion
the constitutional rights of all parts Of the Union
even of the South in the enjoyment of her pcculia
institution. Can the most Jealous southern right
man ask of him more this subject If he does
he shall have the evidence. On the same 10Th @
August 1880 pending the consideration of the flu gi
tive slave bill Mr. Dayton, whig senator from tn
free State of New Jersey proposed to amend the bill
by amendment which contained the followin
pror'So:
Provided That if the fugitive shall deny that h
owes service 10 the claimant under the laws of tn
State where he was held, and after being duly eau
toned as to the soemnity and consequences of a
oath, shall swear to the same, the commissioner q
Judge shall forthwith summon jury of twelve me
to try the right of the claimant who shall be swOr