New Orleans Republican., 1871-05-19
FOURTEENTH AMENDMENT EN-
FORCEME\T.
speech of n Virainian.

resaQtatlNe, on the MIN OF ADT1Is
Mr. Speaker, is there any one who believes
that were this thing reversed, and these
outrages which are being committed upon
the friends of the administration in the
Southern States, were being committed by
Republicans upon Democrats in Democratic
States, with Democratic majority in both
branches of Congress, a Democratic Presi-
dent and an army and navy in their hands,
that a Democratic Congress would fail to
find constitutional warrant for extending
protection to their friends. although the
State authorities through weakness, treach-
cry or cOwardice, should fail to call for as
sistance from the general government The
whole history of that party forbids such
supposition; and in their days of power they
gave us precedent which is sufficient justi-
tication to me for the votes | shall give on
this bill and such amendments as may be
offered. Is there any gentleman on the
Democratic side of this House who is will
ing to admit that the fugitive slave law of
1850 was unconstitutional | do not be-
believe there is: and as one Republican
member from the South. | am willing to
take that law-and changing its wording
somewhat, so as to make the rights and
privileges to be protected-thOse of loyal
men and free American citizens, instead OF
those of slave OWners-tind III 1t all the pro-
lection which. as loyal citizens of the South,
we demand 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 this House under the
operation of the previous question, no OPP
pOrtunity for debate or amendment being
permitted by the then Democratic ma
jority. Its cOnstitutionality was maintained
and defended by the party that en-
acted it as long as they continued 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 re-
markable provisions of this constitutional
Democratic law-this act, entitled IAN act
to amend" etc, commonly known as 1.-THE
fugitive slave law" which passed in this
House in September, 1850, having pre-
viously passed in the Senate. Its first sec
ton provides for the appointment of COM
nissioners by the circuit courts to execute
the powers and duties prescribed by this
act Section three provides that the num-
ber of these commissioners should be eX-
tended at the discretion of the court, and
any number appointed that might be
deemed necessary in carrying out the prOvi-
sions of the act.
Section four confers such remarkable and
extraordinary powers upon these commits
siOners that quote it in full:
''Aud be it further enacted, That the com
missioners above named shall have concur
rent jurisdiction with the Judges of the Cir
cult and District Courts OF the United
States in their respective circuits and
districts within the several States and the
Judges of the Superior Courts of the Terri
tories, severally and collectively, in term
Il 4 i l..
Gates to such claimants upon satisfactory
proof being made, with authority to take
and remove such fugitives from service or
labor to the State or Territory from which
such person may have escaped or fed
Section five prescribes the duties Of mar
shals, who may have any number of depu-
ties, and prescribes penalties should they
refuse to obey or execute all warrants or
precepts issued under the provisions of this
act when to them directed; makes them liza
bic to the full value of any slave that NAV
escape from their custody after arrest, and.
in language which | will give as it appears
in the section, eOnfers still more remarkable |
powers upon the commissioners. ! quote |
from the section:
!'And the better to enable the said com
missioners, 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 empow-
cred. within their counties respectively, to
appoint. in writing under their hands, any
one or more suitable persons, from time to
time, to execute all such warrants and |
other process as may be issued by them in |
the lawful performance of their respective |
duties, with authority to such commission |
ers, or to persons to be appointed by them,
to execute process as aforesaid, to summon |
and call to their aid the bystanders or posse
con,itat,tS of the proper county, when neces- |
sary, to insure "a faithful observance Of the |
provisions of this act; and all good |
citizens are hereby commanded to aid |
and assist in the prompt and eff
ticient execution Of this law when |
ever their services may be required, as afore-
said, fer that purpose, and said warrants !
shall run and be executed by said officers ,
anywhere in the State in which they are
issued"
Section seven imposes fine and imprison. |
ment on any person who shall willingly him
der the arrest of a fugitive or shall attempt |
to rescue one from custody, or harbor or aid |
to escape any fugitive from slavery.
Section nine provides that when the |
claimant or his agent apprehend a 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 consider necessary: all the eX-
penses to be paid by the United States.
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 requirements of the loyal men of the
South simply by so altering the text as to
make its provisions apply to the prevention
of outrages against life and property, in
stead of to the catching and rendering up
of fugitive slaves.
Under it's provisions, the United States
circuit courts could appoint as many com
missiOners as they pleased to appoint in
every county in their respective districts,
and these commissioners could i'll turn
as many men as they deemed
to execute their warrants: would
have all the powers of the circuit or district
judges III term time or vacation; could
issue their warrants for the arrest of any
citizen, and the warrants would be good III
any portion OF the State; could summon
every man III the county to assist in serving
their processes, and if any refused to obey
their mandate, could fine and imprisOn
them for so doing; could include in that
posse c0mjtdtuS such portion of the United
States forces, the army and navy Of the
United States, as might be within the terri
tory over which they exercised jurisdiction.
and would possess powers more than amplc
10 secure peace, and the most perfect pro
lection to life liberty and property in every
State in the Union; and the constitutional
power Of Congress to confer these powers
can not be doubted, for has not the party
whose representatives on this floor have 50
often assured us Of their devotion TO the
constitution, stamped the seal OF approval
upon all its provisions, enacted into law all
its principles, and enforced and maintained
that law by all the machinery of the gov
ernmcnt! And the Democratic party, hav-