Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-04-29
THE FUGITIVE SLAVE LAW AND
THE ENFORCEMENT BILL.

for the Enforcement of the Fourteenth
Amendment, Hon, James H Plat, Jr. of
Virginia, made the following telling compar-
ison between the Fugitive Slave Law and the
Enforcement Bill. The democracy it will be
seen found no difficulty in asserting to the
constitutionality of bill to catch and return
runaway slaves to their masters, but when
similar featurs are engrafted upon bill. TO
protect the lives of unoffended men who be-
come marked by the Ku-Klux, they deny its
legality and hold it up as tyrannical and mon
strous. Let them see what they sanctioned
in 1850 in behalf of Slavery, and blush to
think that in 1871 they oppose the like when
asked for in the name of Freedom and JUS
tice.
Mr.. Speaker, is there any one who be-
lieves that were this thing reversed, and these
outrages, which are being committed upon
the friends Of the Administration in the South
ern States, were being committed by Repub-
licans upon Democrats in Democratic States
with Democratic majority in both branch
es of Congress, Democratic President, and
an army and navy in their hands-that a
Democratic Congress would fail to find con-
stitutional warrant for extending protection
to their friends, although the State authori-
ties, through weakness, treachery or coward
ice, should fail to call for assistance from the
General Government? The whole history of
that party ferbids such a supposition; and
in their days Of power they gave us preced-
ent which is sufficient justification to me for
the votes shall give on this bill and snch
amendments as may be offered Is there any
gentleman on the Democratic side of this
House who is willing to admit that the fugi-
tive-slave law of 1850 was unconstitutional
do not believe there is; and as one Republi-
can member from the South. am willing to
take that law-and changing its wording,
somewhat, SO as to make the rights and privi-
lodges to be protected those of loyal men and
free American citizens, instead of those of
slave0wners-f find in it all the protection
which, as loyal citizens of the South, we de-
mand from the Government, which owes us
the fullest protection its laws can extend.
The constitutionality of such law could
not be questioned, for it was affirmed in 1850
by the entire Democratic party, and by the
united and solid vote of that party on this
floor, forced through the House under the OPP
Grafton of the previous question, no opportu-
nifty for debate or amendment being permitted
by the then Democratic majority. Its censti-
nationality was maintained and defended by
the party that enacted it as long as they con-
tinued in power, and affirmed again and again
by the United States courts, then presided
over by Democratic judges. / desire to call
the attention of the House to the remarkable
provisions of this constitutional Democratic
law-fhis act entitled can act to amend
&C., commonly known as 'tle fugitive-slave
law" which passed in this House in Septem-
Der, 1850, having previously passed in the
Senate. Its first section provides for the APP
Df ct
courts to execute the powers and duties pre-
scribed by the act. Section three provides
that the number of those commissioners
should be extended at the discretion of the
court. and any number appointed that might
be deemed necessary in carrying out the pro-
visions Of the act.
Section four confers such remarkable and
extraordinary powers upon the secommission-
ers that quote it in full
lind be 1t further enacted, That the COM
missioners above named shall hare concurrent
Jayisdicfion ruth the judges of The circuit and
district courts of the United States in thei,
rsspsctire circuits and districts uithin the
several States and Mejudges Of the superior
courts Of the Territories, sereraHy and col
tectsrefy, IN term time and racafioa, and shall
grant certificates to such claimants upon sat
istactory proof being made, with authority to
take and remove such fugitiyes from service
or labor to the State or Territory from which
such persons may have escaped or fed
Section five prescribes the duties, and pre-
scribes penalties should they refuse to obey
or execute all warrants issued under the pro- |
visions of this act when to them directed
makes them liable to the full value of any
slave that may escape from their custody af- |
ter arrest, and in language which l will give
as it appears in the section, confers still
more remarkable powers upon the commits
toner's. / quote from the section:
'.And the better to enable the said commits |
toner's, when thus appointed, to execute their |
duties faithfully and efficiently, in conformity
with the requirements of the Constitution of |
the United States and of this act, they are
hereby authorized and empowered, within
their counties respectively, to appoint, in
writing under their hands, any one or more
suitable persons, from time to time, to exc
cute all such warrants and other process as
may be issued by them in the lawful perfor-
nance OF their respective duties, with author
ity to such commissioners, or the persons to
be appointed by them, to execute process as
afor, said; to summon and call TO their aid the
by-standers or posse eomitafns of the proper
county, when necessary, 0 insure faithful
observance of the provisions of this act !; and
all good citizens are hereby commanded to
aid and assist in the prompt and efficient ex-
may be required, as aforesaid, for that pur-
pose, and said warrants shall run and be exc
cuted by said officers anywhere in the State
within which they are issued"
Section imposes fine and imprisonment on
any person who shall willingly hinder the ar
rest of fugitive or shall attempt to rescue
one from custody, or harbor or aid to escape
any fugitive from slavery.
Section provides that when the claimant
or his agent apprehend rescue, the officer
making the arrest is to remove the fugitive to
the State from whence he fed, and to employ
as many persons in doing so as he may con-
sider necessary; all the expenses to be paid
Now, sir, having quoted as much of this
act as consider necessary to my purpose,
let US see how easily it can be adapted to the
present condition of affairs, and meet the re-
quirements of the loyal men of the South,
simply BY SO altering the text as to make its
provisions apply TO the prevention of out
RACES against life and property instead of to
the catching and rendering up of fugitive
slaves.
Under its eurnvisinna ha Jrn;,al c..