Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-06-19
SENATOR MASON'S LETTER ON HE M
TORY OF THE FUGITIVE SLAVE LAW

IN ~ vi
TORY OF THE FUGITIVE SLAVE LAW
t. tic Ed,io, If the imam:
In IN. semi weekly Union Of the 29ih May U't'. II
an editorial entitled amendment ct inc rMS!'N'
slave Law" an article IL quoted IRON Inc i'c'!"'
Ere. Press the object .; which is Ia show tlht "'
that law was under consideration III inc 9et''c II
1850 IN amendment originally proposed ny GENERA
Cuss, and intended 10 secure To- Inc ihS'iNe ~"
trial in the state from rhich he Hed tsloud ne 81
rendition there assert right TO lreednnl.) ha beef
rejected by the Senate; and the remarks "t me EHi
| Tor md some subsequent remarks OF Ecnrrhl '"S
made in the Senate III lS12, tCitca by inc i-"'oi' az
| intended 10 chow that had this amendment Dcci
| oIoutcd the law. whilst equally benchcin 10 IN
South would hnvc been far less objectionable I" t'
North ravinE the pregnant inference una. , w.
| Senators unreasonable ana cAac'"G III "'e' w
| position Ia this amendment . ~;
| h,v, ma desire 10 provoke controversy III M
matter: bu; the strong language used ~ me i-I''u
of the Free Press Introducing me fcmhrh' :" Hu,i
CAS- in the Senate i'll lN'. ana has l"uc 1" It'c W.
G,il ranv contained in the same debate, MAKE IL rS
| and Iic lis well t. history u. 10 inc bu'Jc'' '''
some notice should bc taken "i H.
The Detroit Free Press says ;
.1hc history of this matter was incirnthmy us
cussed in the Senate August @otn' l"1~' M"", M
| Cnss remarked that he had oitcll "itn ~ .I ..
;,h mat bovpn voted in favor "i the fHSi'.c n'"r
49, md he laid that his failure I" vote Tor "''
mn, ,rsn from auy objection IL me i"Sl G''Str''. ~
vision for the rendition Of S'avrS n"! t'e "
this lust and proper provision 'o' '''' '''! ''
.iruck from the bill. lie Satu ,.. -, ,lo co,,,r,
.o measures began their lah"rs, A. gentlemen i'er,
| know there II proposition ih"uc '1i -" -"
| turvc-savo law. ohr WIS rep''t'I" ~ '"', ',''
| ,,a ,,h;ch seemed Ia be acceptable tn great mn
;nr;,, of tEe ucuI,r and il contained the main tea
,urs o the law rs il now U.s. Will! provision thht H.
when II fugitive was taken he should hS'er' nc WAS
| ma, a slave the COMMISSIONER alter De Iiui+ lS lie
| ;iou in favor ri the master, should repeat thc
| IL, tutri al T.
| ,tot you urc 4 >la,cl and ii he said he nr! a
lave th,. provision was that The master %! Ia, a'i
| should give b"nd IN II 900, without security ihs
within a gwen period after rclara that slave .."H!a
be entitled Ia trial bv wry III the county from winch
| he had escaped. Now, could never c"H'"L''' n"!
mortal man never c"ud explain IL ne, WIZ that
should not have been pGt INTO the hI'
"'Mr. Clemens. !; va II" Ia" "rritdy III i'"I'!'
! If not all the Southern States
"'Mr. Cnss. Then, why, IN IN" name o. al ,!hl IS
Jus, and proper va: j: n", put INTO iir bih' II was
said bv Southern gentlemen thai fhere was s"ch Il
provision in their State law. Ihch why not put II
into the bill ! OfcouIs" we Il" MOI interfere "itI ''Ir
| law. We nnv propo-c 10 require them I" givo the
t,,;,v. tin Lr,rtii of the State laws. hat wnS the
so. md -imple provision. Mr. President, you know
IT, md every gentleman III tho Senate KNOWS H. II
that provision had brcm inserted III me oIlI lis IL hh'
! Iv nu.srd /, would have taken away grcht many
,,I,c,i,uc 10 the law Mr.. Clay VIA III favor Ut II,
md number 1T southern gentlemen III committee
were in favor of il. General F""tc and others were
for II; said in the outset. if you PM that provision
in will a,,re 10 almost any thing Glsc you may put
in rho LiI hu if YOU do not will vote for it,.
That il wlat -aid in the beginning, III lie middle,
md in the end and what | say now would not
Weld the point That the who!" fact about IT,
When We prepared I" CIV" INC SCUM "H '''',
GENT - lnw as the constitution demanded, why should
t,rv suffer such mere appearance ~ lhaf, II S"h
nav So call IT, he sacrificed unnecessarily, llri!ca.
lariv when it was known that 1t that provision .;'d
been inserted il would have removed Efcht dtal ~
y INT -
i, pissed has given rise That was Inc Stale "i the
Cnsc. =, ,.u.
81 believe there is hardly feature in the bill for
which Individually did not vote from beginning 20
end NV votes are recorded on the yeas and nays
Uut did NOT vote for the bill its final passage FOR
the simple reason that would not yield TINT pomt.
Tho FOREGOING remarks of General Cass will bs
found in the Appendix To the Congressman Hone'
lst session Sd Congress, pages li3' - VII tl'
same moe II 1jl will he found the reply, not given
he the D,Iroit Free Press" 1.-THE debate had arisen
IN uropn.itlon Offered by Mr.. Sumner ot Mnssa
chusctts for tho repeal OF the fugitive slave l"w.)
Mr.. Mason SAID
discussion rs 70 III" rcpra ri tn" fugitive sar" law
intend Onv 10 advert I" what Tell from me senator
from Michigan and The Senator nom A'aba''a' iES.
by possibility hereafter, there might toe some Gn'i'
mr. INSTRUMENTATION about it. The Senator from MICH
rnr ns declared riat he refused u vote Tor the in"I-
tive slave uw because i. did not contain pro, 's'.'
which had been reported by the cn!!mItt:: "i t'''
ccn providing TINT thr claimant "i in%,N' i' i
labor should h" required To give bona MAJ hr "o"'h
Ellow the fugitive 10 have Jury trial III the STATE 10
which he THs returned
"NIr. Cas-. !: bond without security
"Nr Mason. Ycs. ,lg bond without security
Now the history of that matter MAS this II was an
amendment offered in the committee oi thirteen ny
senator from Massachusetts, not now amcnber OF this
body, islr. Web.ier.j That is my impression:
afr. Casa The gentleman IS mistaken Ny col
League wrote it out tor mlr. .
Mr.. Mnngum think the senate! 'r4ui N'cn'S"'
prcsrn'edit. 49,, ,,.o.,,,
in t. committee when it was offered, but WIS u'i'
der TN. impression thai i had been offered by me Sc
major from Massachusetts, Nj. Webster but that IL
imnateriG. II reported by that coh!nlt'"c' me
Srna,or from Alabama Is perfectly r2iit $" tar as he
has GONG. II objected "n the part OF S"A'iIc'h
mon tiInt il was unnecessary make that pro! 'anh
in the law because III all tho Southern S'as me III
,,itive could have that right :Tn|i ihi' provision
hcng in the iaw, bat tie frfr :ilnr,,iii-!'ii'H
,ha, which governed me-was ihls: HE constitution
soys thai the fugitive shall he dchNcrc! mp on riaI
TIM; NJ shall be- delivered up withou; any condition
whatsoever. aud believed that if the ln" required
the master to give bond without security. II was
Welding 10 ih, jurisdiction ot Congress thnt whicb
;rould thereafter .Tave fatal, because, II Congress
| Ind rpht to exact that bond il might be argued
TINT had nm equal right 10 exact bonn " ""cult'
". Ii WIS that reason which operated with III" III
resisting that Amendment.
| "Mr Clemens. spike on y 0f the objections mar
|
knows better Than GGca TIE Senator from Virginia.
thc Senator from Louisiana, Mr. Downs or myself;
| the objections made by Southern men "niri'iG. a."
not niu,ie 10 them. ! only spoke al those ln;'i" III
| the Senate Oar objections in the Senate were thht
| there wa4 already such provision
| MIR Mason. think the debate will show thar
urged the objection Of which gpoke.
Mr.. Clemens. think not in the Senate. b"tH was
: urged outside
| And now, 10 show TINT this same objection wa@
urged nv me- and deliberately debate! IN lH"o III Inc
| Senate, whrf the amendment in question Vas under
| consideration iii the senate refer 10 the 'Apl"nhiz
to the Congressional il"he, i=i Sess. 'ih 'oh"rcS'
vol. ~, part :, page lrlD.
| In tie debate On this bi August -, q: there fe
| ported. hlr. a!Gsnn said
"Hut the other amendment reported by the com
| mitcc OF thirteen, which the senator from kentucky
also adopts, is of a character which: IL II Should pc
come pnrt ut this proposed law for the recovery ~
furiyc slaves, valuable rs such law IS to the Peo-
nile represent md pcnsable ia to enable them TO
realize the benefits To- which i!cy are entitled by inc
constitution uf the Hi;ci States; would !cndcF III!
duty 20 vote against that law. refer to Inc ahle''
ment which imposes upon the claimant the Necessity
of giving bond conditional that aitcr no has taken
tire fugitive bnck he will allow him time II present
an application IN the first court within BIS own STATE
in order TINT the question Of freedom or slavery ma!
be tried II requires that bond lis conddton III tie
delivery OF the a@itiSe. Sir, repeat, that be hhhc
n feature OF this bill, must vote against 1t, because
| conceive that this would be concession "n The
part Of the slavehoidirg States OF authority III
congress over this subject nowhere vested in tha'
body nv the CONSTITUTIONS end which would operate IN
conravcntion of the duty imposed on Congress y
the constitution, and be ircncnE the right oi iht
claimants Of iugityca, secured to them by that i'll
sirumeut What is the language 81 tie constitution
II savs that the fugitive shall be ''evcred up on The
claim Of the party entitled to his service. And VIVA
is THU proposition Tiet he shnll he delivered mp ol
claim OF the party entitled his servces, roaa'
,,oa that the -nd party hal enter into an obligno!
which the constitution nowhere imposes upon him.
is adding by law condition To tnis right which h
constitution Of the United States did not contemplate
and, as conceive, 10 gross Gerogaton Of the claim
ing party. i the law 10 bs passed by Congress
can rirhifillv rnnnire the claimant 20 Give thes