Washington sentinel., 1854-07-19
G0ngrassional.
THIRTY-THIRD CONGRESS.
senatc-Tuesday, July Is, 1884.
FIRsr SESSION

Tuesday, July Is, 1854.
Mr. ADAMS moved that the Senate proceed TO
the consideration of the bill granting pension 10
the widow of James Batcheider, killed in Boston
Objection being made, the motion was withdrawn
sLAyERY-FUGITIyE SLAVE LAW.
Mr. SUMNER presented the memorial of the
Pennsylvania society for the promotion of the abb
clifton Of slavery. He said this was that ancient
society which had the confidence of Washington,
and which had among its members Benjamin
Franklin and Ri, hard Rush. The memorial was
signed by its president, DR.. Wistar. II protested
against the fugitive slave act. Among other OBJ
jections TO the law stated by the memoralisls was,
that under the 10th section, which declared the
record made up behind the back of the party
claimed, was 10 be held conclusive. A colored
freeman, Notwithstanding he may have positive
evidence of his freedom, slay be sent to slavery.
The memoralists state this TO be no imaginary
case that il had occurred in the case Of Davis,
who, upon the er parts record was sent TO Georgia
as slave. as
Accompanying the memorial were several
papers, among others certificate OF statement
that the commissioner who had decided that case,
had declared he would have given fifty dollars
rather than be obliged to have given that decision;
and that in consequence OF it he had passed
two sieepless nights, and had experienced no
comfort in church on the following Sunday.
He pointed out the dangers a free colored
and quoted the maxim Of the common law, that i
Were better that nnety-nine guilty men should
escape than that one innocent man should sulier.
The Senate had shown its appreciation OF this
principle by its compliment to Captain lngraham
for the protection he afforded one man.
Mr. CLAY said that the senator had quoted one
saying of the common law; there was another
maxim of the Fathers Of Israel equally true. that
the dog will return to his vomit He was tired OF
hearing the hackneyed phrases and sentiments IN
which the senator was SO constantly addressing
on this subject.
Mr. SUMMER said that he was accustomed
10 answer anything in the course of argument he
was ready TO meet any man In the Senate, VINO
kept himself within the rules Of order and debate,
for that man was his peer. But he who did moi
keep within the rules of order and debate was
not his peer.
Mr.. DA WSON said that the statement OF the
facts of the case of Davis given by the memorial
lists was not correct. He knew all the parties,
and the counsel in the case The owner OF The
slave had offered TO surrender him, If any one
would furnish evidence that the boy was free. He
invited the senator to go 10 Georgia, and test the
question Of the boys right TO freedom III the
senator was not satisfied that the boy was slave,
he would be delivered up to him. lie deprecated
these charges against the south, and thought they
were calculated TO keep alive the bitterness and
sectional strife which it was so necessary TO alay.
in order TO preserve the peace and harmony OF the
Union.
Mr.. RUSK said, accompanying the memorial
was letter. to the reception Of which he objected
II contained statements grossly and falsely renect
ing upon the officers Of the law. He cared noth-
ing for the bngsgate with which these parties
alluded TO the south il was part OF their captai.
But he did object to senators writing letters 10
other parties and eliciting replies sanderous and
libelous of officers Of the laws and then spreading
those libels and ISLANDERS on the Senate record.
Mr.. MASON said that senator presenting
paper was responsible for its contents; he called
for reading of the paper
The letter was read il professed to repeat con-
versations by the commissioners who had decided
the case, and of his regrets, &c.
Mr.. BAYARD said he was well acquainted
with the commissioner who had acted in this case,
(Mr. Guthrie) and knew him 10 be an estmable
gentleman of high standing He also knew the
writer ofths letter, he having had occasion 10 see
him on several occasions for aiding in the escape
of MARYLAND slaves, and had obtained verdicts
against him from juries without leaving their box,
TO large amounts. Upon the question Oh slavery
he was free to say that he would not believe any
| statement made under oath or not under OATH He
| then explained his view Of the duties OF commits
sioners under the fugitive slave act.
! Mr. SUMNER Withdrew the letter to which OBJ
| lection was made.
Mr. BENJAMIN said that there was much
| question as TO what were the views OF the sena'
/ tor from Massachusetts as 10 the obligation I'M
posed by the Constitution as 10 the return OF fu'
/
| tor whether he recognized any obligation under
the Constitution for the return of fugitives from
| labor TO the States whence they may escape!
| Mr.. SUMNER said that before answering that
| question. he desired 10 put one 10 the senator
| He asked whether under the Constitution, which
secures TO the citizens of one State the rights and
| immunities Of citizens in other States, colored
| citizen of Massachusetts, without any imputatlon
of crime could be seized, thrown into prison, and
then upon failure TO pay certain Jat fees be sold
| absolutely into slavery?
| Mr.. BENJAMIN said he did not think that could
be done under the Constitution.
| Mr.. SUMNER said that the senator having ad
/ mitted that 10 be unconstitutional, would he vote
for law of Congress securing 10 colored citizens
| of Massachusetts their rights under the Consttu
| ton in Louisiana and South Carolina.
/ Mr. BENJAMIN said that he had heard OF an
| swering one question by another, but this was an
| swefing one question with two. He again pu
| his question 10 the senator from Massachusetts.
| Mr.. SUMNER said that the senator must frs
answer the question he had put; when that wa
answered, he would answer the question OF tn,
senator.
Mr.. BENJAMIN said that he rose 10 put ques
ton 10 the senator and had done so and, insteat
| Of receiving reply, he was put on the wltnes
stand himself and interrogatcd The object h
| had in view was accomplished by the senator
| refusal TO answer.
| Mr. GWIN moved that the subject be laid oi
the table; agreed to--yeas 81, nays li-ss fol
lows:
YEAs-Messrs Adams Allen, Atchison, Badger, Bayard
Benjamin, Bright, Brodhead, Brown Cass Clay Clayton
Dawson, Dixon Dodge Of Iowa, Douglas, Evans, Ftzpa
rick, Geyer, Gwn, Houston, Hunter johnson, Jones
Iowa. Jones OF Tennessee Mallory, Mason Norris Petit
Pratt Rusk Sebastian Slidell Stuart, Thomson Of Ne'
| Jersey, Touccy, and weller-37.
NAYS-Messrs Butler, Chase, Dodge Of Wisconsin, Fes
| senden, Fish, Foot, Gillette Hsmlin James Rockwell
| Sumner, Toombs Wade, and Wslker-A
Mr.. BADGER asked leave TO withdraw his mo
ton 10 reconsider the vote passing the bill 4
establish line Of telegraph TO the Pacific. An,
the question being taken on the motion, leave wa
granted-yeas 30, nays 10.
Mr.. BADGER then withdrew his motion.
THE HOMESTEAD.
The Senate resumed the consideration Of tb,
bill granting a homestead Of lG0 acres Of public
land 10 actual settlers.
| Mr. STUART after some remarks in defence o
IT, withdrew his proposed substitute for the bill.
Mr. WELLER then addressed lhe Senate il
favor of liberal policy in the disposition of III,
public lands TO actual settlers. He defended th'
foreigners from the allegations made against them
and bore testimony 10 their worth in time ofpeac'
as well as in war. He denounced the suppose,
creed of the know-nohngs, and maintained tn,
long established policy of the democratic part,
with respect TO the naturalization laws.
| He danaunced he horn aholifionis sf h.