The Empire County argus., 1854-04-01


have to go there and live certain time, until he
became acquainted or he would have to inquire of
men what state they were from, before he would
dare to inquire in relation to his slave He was in
favor Of the original and opposed to the substitute
because in addition to the reasons he had urged
one court might define certain things to be due dill
igcnce while another court would decide differently
Mr. Whipplc said he was opposed to both the
original and substitute: he thought time enough
had been allowed; the time was extended by the
past Legislature with the understanding that it
was to expire on the 30th of the next month. He
could not support either bill or substitute.
The question was then taken on the adoption Of
the substitute with the following result:
AYEs-Andcrson, Ashley, Ballou, Bennett, Bost-
wick, Bowie, Briggs, Daniels, Ever, Fairfield, God
dard, Hastings, Hollister. Iloyt, Hunt Letchcr,
Mandeville, Mcdonald, Purdy, Spencer, Springer,
Stevenson, Stow, Sweasey, Tallmadge, Warmcastle,
Whippc, Whitman.--2S.
NAYs--Aylest, Bradford, Burton Carrillo, Clingan,
Cornwall Dawley, Gordon Griffith, Iiagans, Henry,
Hunter, Irwin, James, Koll, Lindsey Myers, Nc
Brayer, McGec Mckinney Nichols, Noel, Ring,
Eweetland, Tivy, Van Cleft, Watkins Mr.. Speaker.
-35.
Mr. Hoyt moved to amend the original bill by
striking out and inserting as follows:
go before any justice of the peace clerk of
any district court in this state, and upon making
claimed is The property of the claimant under the
laws of the state territory from which he emigra
ted and that said person brought or introduced
into this state previous to the admission of the
Of the United States of America Said justice
or clerk as the may be. shall thoreupon issue
warrant for the arrest of said person owing such
service or labor; upon the return of said warrant
duly served if issued by justice of the peace, the
defendant may demand an immediate trial by Jury
by his alhdavit have continuance OF said cause
for any time not exceeding twenty days to procure
witnesses and prepare for said trial. Upon the
hearing of the same the burden Of proof shall be
upon the claimant to show by competent proof by
dsinterested witnesses lst, that the person claimed
is the property of the claimant under the laws of the
state or territory from whence he was brought; ID
that the person was brought introduced into this
state before its admission Of the L. States Of
America. A failure to establish either or both of
said facts shall entitlc the defendant to his her
discharge. When said proceedings are had in the
district court the proceedings shall be the same as
in the justices court, with the exception that the
trial shall be had at the first ensuing term of said
court after the arrest The defendant shall be held
in custody from the time Of arrest until the deter
mnaton of the trial and conviction and discharge
under the same. Before conviction the judge or
justice of the peace, as the may be- shall give
certificate to the claimant, which shall be cOncu-
sive of the right of the persons to whom the same
ritory from which he was brought"
Mr.. Herbert moved to lay this amendment on the
table.
Mr. Hoyt trusted that because i'll feeling had ex-
listed elsewhere upon this subject, that it would not
be brought into the discussion. He wished it to be
calmly and dspassionately discussed, He believed
wrong was committed when fugitive slave, and
one brought here by his master were placed by the
law on the same footing Under the amendment he
had Just proposed proofs required to be shown that
the slave sought to be reclaimed is the slave Of the
person who claims ownership in him. The bill un-
der consideration required only simple affidavit.
He thought this unj just and inconsistent. He con-
tinucd: ''If claim five dollars due me from Il
slave in this state the law gives him the right of
trial by Jury to determine the justness Of my claim
my bare affidavit is not sufficient to cause him to be
compelled % pay me the money But, when claim
the negro himself body and SOUL no jury is allowed
my bare affidavit is sufficient ask if this is right
or just Is it right under the constitution Is it
right among people protesting to be enlightened
and christian 1t is wrong by every principle of
justice and right. Shall we as legislators permit
this wrong to continue and give aid in perpetu-
ating it am opposed to the bill because it per-
mits a fraud; because it makes difference be.
tween slaves brought here by their masters, and
slaves who have escaped from their masters. Some
gentlemen who are strenuous IN their advocacy CT
this bill were so nervously fearful that fraud mi ght
ba committed under the bill defeated few days
since for the formation of chattel mortgages, that
they loudly opposed the passage of that bill. But
now, when the chattel is a human beng-under u
law that opens the door to fraud Of the most dam
ming dcscription-under y law where man may
be deprived of all he has in the worId--hmself--
they have no fear of fraud being committed, and
advocate its passage" Slaves have been brought
here since the admission Of California as a state into
the union they have been brought here under a
contract to work for their masters for certain time,
and then to be manumitted. He thought the own
ers of slaves equally liable to do wrong as other
people. Now supposing II contract OF this kind to
be complied with the part Of the slave still under
the law sought to be passed the slave was not al
lowed to show that he had been brought here since
the adoption of the constitution, which prohibited
slavery, neither could he show that the contract on
his part had been complied with the bare paper
affidavit of the claimant will send him back into
slavery Can the slave under this bill do anything,
show anything, prove anything! No This law
permits no answer to the afida git of the claimant
lie continued-The amendments propose only re-
quire that the claimant shall prove lst-that the
slave claimed is his property; and secondly, that
he was brought here prior to the adoption OF our
constitution. 1t further provides that the slave
claimed shall be kept in prison until the determlna-
ton of the case Its object is simply to give the
negro claimed chance to show that he Is not a
chattel, and not subject to the law If a man runs
away with my horse or find him in the possession
Of another man, have to show by process OF law
that he is mine. If he denies my right he must
prove his right of possession by good and valid tes-
tmony. My simple affidavit without proof will not
give me possession Shall less be required for me
to recover possession of human being than horse