The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1871-05-04


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J0sesssspt eftke Fowrteenth Ansesd-
~sss, DsIissrsd - Obagrsss ~ tAs
6tA Apri. 1871. 4, s4ss'as a-fs
q As. 6peaksr, ID there any one who
bslisves that wete this thing rover
ssd, sads thess outragea which are
being committed upon the friends Of
the Adminissration in the Southern
Statss, were bsing committed by.
Republicans upon Democrats in Dom
ocratic States--with Democratic
majority Id both branches Of Con-
grsss, . Democratic President, and
an army and navy in their hands-
that 1 Democratic Congress would
fail to find constitutional warrant
for extending prossction 70 their
friends, although the State authori-
ties, through weakness. treaOhcry or
cowardice, should Tail TO call for A.
sistance from tho General Govern
mvnt2 The whole history of that
party forbids such . supposition; and
in their days Of power they gave rs
. precedent whioh 10 sufficient justi-
foati0n to me for the votes / shall
give ON this bill and such amend
mcnts % may be offered. Ii there
any gentleman on the democratic
side Of this House who is Milling to
admit that the fugitive slave law Of
1850 was unconstitutionsl3 / do not
believe there is; and - one Republi-
can member from the South, / am
willing to take that law-and chang
ing its wording, somewhat, % as TO
make the rigbts and privileges to be
protected those Of loyal men and
free American cit,xens, inslead of
those of slave.owners-6nd in it ell
the protection which, % loyal citisens
Of the South, we demand from the
Government, which owes us the full
est protection it's laws can extend.
The constitntionality Of such q law
could not be questioned, for it was
affirmed in 1850 BY the entire Dem.
ocratic party, and by the united and
solid vote Of that party on this floor,
forced through this House under the
operation of the previous question,
no opportunity for debate or amend
ment being permitted BY the then
Democratic majority. Its constitu-
ti0nAlity was maintained and defend
cd by tho party that enacted il a.
long as they continued in power, and
affirmed again and again by the Uni
ted States courts, then presided over
by Democratic judges. l desire to
call the attention Sf tho House to the
remarkable provisions Of this consti
tutional Democratic law-this act,
entitled IAN act to amend" DC. COM
monty known - "the fugitive-slave
law" which passed in this House in
September, 1860, having previously
passed in the Senate. Its 6rst sec
tion provides for the appointment Of
commissioners by the circuit courts
TO execute the powers and duties
prescribed by the act. Section three
provides that the number OF these
oommies esioners should be extended at
the discretion of tho court, and any
number appointed that might be
deemednecessary in carrying out the
provisions of the act.
Section tour o0nfers such remark
able and extraordinary powers upon
these commissioners that / quote it
in full:
"And be it further enacted, That the
commissioners above named shall
haze concurrent jurisdiction ,Dith the
Judges ofthe CIRCUIT and district courts
Of the United States in their respective
circuits and districts pithin the severdl
States and the judges Of the superior
courts of the Territories, severaliy and
collectively, in term time and udcation,
and shall grant certificates to such
claimants upon satisfactory proof be-
ing made, with authority to take and
remove such fagitives from service
or labor TO the State or Territory
from which such person may have
escaped or fed"
Section five prescribes the duties
of marshals, whomay have any mum.
Der of deputies, and prescribes pcnal-
tics should they refuse to obey or
execute oil warrants and precepts il.
sued under the provisions of this act
when to them directed makss them
liable TO the full value of any slave
that may escape from their custody
after arrest, and, in language which
! will give Is it appears in the sec
tion, cOnfers still moro remarkable
powers upon the commissioners. /
quote from the section:
"And the better to enable the said
commissioners, whom thus appoint
ed, 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 authorised and em-
powered, within their counties re-
speOtively, TO appoint, in writing nm
der their hands, any one or more
suitable persons, from time to time,
70 execute all such warrants aud
other process ~ may be issued by
them in tho lawful performance of
their respective duties, with author
ity 70 such commissioners, or the
persons 70 be appointed by them, to
execute process " Aforesaid, to sum-
n on and call TO their aid tho by
stAnders or posse comitatws Of the
proper county, when necessary, to
insure . faithful observance Of the
provisions Of this act; AMI all good
citizens are hereby commanded to
aid and assist in the prompt and
efficient execution Of this Law
whenever their services may be re-
quired, as aforesaid, for that purpose,
and said warrants shall run and be
executed by said officers anywhere
in the State within which thoy are
| iesuod."