The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-05

a
made by southern men outside did net aude TO them
only spoke Of those made In the Senate Our objections
IN the Senate that there already such pro-
vision.
aMr MASON think the debate win show that urged
the objection Of which spoke.
MIR CLEMENS think in the Senate butit was urged
outside
And now, 10 show that this same objection was urged
by me- aud deliberately debated in 1850, in the Sgsas
when the amendment In question under consideration
in the Senate refer the Appendix TO the Congressional
Globe, LIST sess, sst Congress vol 22, part ?, page
1910.
In the debate this bill August "a there reported,
Mr.. Mason said
But the other amendment reported by the committee OF
thirteen which the senator from Kentucky also adopts
Of character which, II IL should become part Of this pro-
posed law for the recovery of fugitive slaves valuable as
such law is 20 the people represent indispensable as IL
Is enable them realize the benefits which they are
entitled by the constitution of the United States would
render II my duty to vote against that law refer to the
amendment which imposes upon the claimant the necessity
OF giving bond conditioned that after he has taken the
Fugitive back be will allow him time to present applica
ton to the first court within bis State 10 order that
the question OF freedom slavery may be tried IL re-
qures that bond condition OF the delivery OF the fag-
tive. Sir repeat if that be made feature of this BILL
must against IT, because conceive that this would be
concession the part OF the saveholdng States OF an
authority in Congress this subject nowhere vested in
that body by the constitution and which would operate in
confirmation OF the duty imposed Congress by The
constitution, and be trenching the rights OF The
claimants of fugitives secured to them by that in
strumenL What is the language of the constitution
II says that the fugitive shall be delivered up on the
claim of the party entitled his service And what
is this propositions That he shall be delivered up on
claim of the party entitled to his services condition. that
the said party shall enter into obligation which the
constitution nowhere imposes upon him. IL is adding by
law condition TO this right which the constitution of
the United States did not contemplate and, as conceive
in gross derogaton of the rights Of the claiming party
the law TO be passed by Congress righuly require
the claimant give these bonds it With equal right
quire him give security for If Congress say that the
m hp ply G,kitb rio
that bond effective by exactng security What them will
be the condition of those who 90 into other States
claiming their hgves? How viii they give this bond
and security They could not give in nine out OF
ten in the States into which the fugitive had escaped and
to require it Of them would be utterly 10 defeat all at
tempis to reclaim these ngitves But there another OBJ
jecton 1t il imposing restraint the rights belong
ing to the owner. The constitution OF the United States
recognising the property Of the owner in his slave where
he is found the property is TO be enjoyed 10 the
unqualified wherever found that the
enjoys when at home and if you right TO
require Of him. before he come into the enjoyment Of
that property that he shall give bond 10 obey any requ
siton care what why you restrain qualify and inn
| pair his right OF property to that extent
And again, (page 1919 Mr.. Mason said
~ will trespass on the time Of the Senate further
than say that if the right be made out to require
bond il must be condition Of the delirsry Now put
il to the senator show wherein the constitution when
you required deliver up the fugitive upon the claim
of the party whom service is due you nterpose
nythng tina. claim But what is that claim It that
the fugitive held service That is all the consu
uOn requires sboHd De nolhinB Iou nfe
required to show that fact out Of which the claim arises
in order to allow of his being carried back And If the
proof is confined that, ask upon what authority the
senator from Kentucky snpposes they may deliver upon
condition. Ii they deliver upon one condition. they
may any condition and they may restrain the plenary
right Of the property which is alleged to exist have
said and repeat in offensive at ALL but
matter of duty my constituents that insist on the
right understand it, which belongs to them TO
their fugitive servants SHALL therefore, vote against
any proposition which acknowledges power in Congress
authorize this right be tried in OF the free States and
shall resist H. say again, the constitution does not
that exercise of power the part of Congress
and il it did it would eectualy defeat any law which
might be passed on the subject"
The foregoing extracts from the debate will fully show
the whole ground which this amendment resisted
and Ii is cheerfly left the country to decide whether
had the amendment been adopted the concession would
have rendered the clause in the constitution pro-
vdng for the surrender Of fugitive slaves valueless to the
South.
II may be remarked further that this amendment though
reported from the committee of thirteen, offered
iu the Senate as a substantive proposition
The only vote taken upon it part of substitute
for the whole BILL which had been offered by Mr.. Under
wood of Kentucky and then Gen. Cass voted against it.
[Appendix to Congressional Globe LIST Sess, 3lst Cong
vol %, part ID, page 1921
Respectfully, yours,
J. NJ. MASON.
SELMA, Frederick county, Va, June l, 1855