New national era. [volume] (Washington, D.C.) 1870-1874, 1871-05-04
Enforcement of the Fourteenth Amendment.
Extract from the
SPEECH OF HON. j. III. PLATT, JR.,
OF VIRGINIA,
IN THE House OF REPRESENTATIVES,
Aprl 5, 1871.

| upOn Democrats In Democratic States, with n
| Democratic majority in both branches of Con
gress a Democratic President, and an army
and navy in their hands, that Democratic
| Congress would fail to find constitutional war
rant for extending protection to their friends,
although the State authorities. through weak
ness treachery, or cowardice, should fail to
call for assistance from the General Govern
ment? The whole history of that party for
bids such a supposition and in their days OF
power they gave us precedent which Is SUN
! cient justification to- me for the votes L shall
! give on this bill and such amendments rs may
! be offered. Is there any gentleman on the
Democratic side of this House who is willing to
admit that the fugitive-slave law of 1850 was
unconstitutional ? | do not believe there is !;
and as one Republican member from the South
| | am willing to take that law, and, changing
| it's wording somewhat, so as to make the rights
and privileges To he protected those oil loyal
men and free American citizens, instead OF
those of slave owners, find in it all the protec-
ton which. as loyal citizens of the South, We
demand from the Government, which owes us
the fullest protection its laws can extend.
The consttutionality Of such a law could not
| Ice questioned, for it was affirmed in 1880 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 opportunity for debate
or amendment being permitted by the then
| Democratic majority. Its cOnStltutiOnallty
was maintained and defended by the party that
enacted it as long as they continued in power,
and affirmed again and again by the United
States courts, then presided over by Demo.
cratic judges. | desire to call the attention
of the House to the remarkable provisions of
this constitutional Democratic law-this act,
entitled An act to amend" &C., commonly
known as the fugitive slave law which
passed in this House in September, 1880, hav.
ing previously passed in the Senate. Its first
section provides for the appointment of com
miSsioners by the circuit courts to execute the
powers and duties prescribed by the act. Sec
ton three provides that the number of these
commissioners should be extended at the dis
erection Of the court and any number appointed
that might he deemed necessary in carrying out
the provisions of the act.
Section four confers such remarkable and
extraordinary powers upon these commission
ers that | quote it in full
"- Ind be AZ further enacted, That the com
missioners above named shall have concurrent
jurisdiction with the judges of the circuit 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 Territories, severaly and collec-
lively, in term time and vacation, and shall
grant certificates To such claimants upon salts
factory proof being made, with authority to
take and remove such fugitves from service or
labor to the State or Territory from which such
/ person may have escaped or He'd
! Section five prescribes the duties of marshals,
who may have any number Of deputies and
! prescrbes penalties should they refuse to obey
or execute all warrants or precepts issued un-
| der the provisions of this act when TO them
directed makes them liable to the full value
oil any slave that may escape from their custody
after arrest, and, in language which | will give
as 1t appears in the section. confers still more
remarkable powers upon the commissioners.
l quote from the section:
s. And the better to enable the said commits
sioners, 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 writ
ing under their hands, any one or more suitable
persons, from time to time TO execute all such
warrants and other process as NAV be issued
by them In the lawful performance of their re-
| spective duties, with authority to such com
mlssloners, or the persons to be appointed by
| them, TO execute process as aforesaid TO sum
mon and call to their aid the bystanders or
posse comttdtuS of the proper county when
necessary. to 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 execution Of this law when
ever their services may be required, as afore-
said, for that purpose, and said warrants shall
run and be executed 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 "A rescue the officer max
ing 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 expenses TO be paid by the
/ United States
Now, sir having quoted rs much of this act
! as consider necessary to my purpose. let us
see how easily it can be adapted to the pres
! ent condition of affairs, and meet the require
ments Of the loyal men of the South, simply by
/ so altering the text as to make it's provisions
apply TO the prevention Of outrages against life
and property instead of to the catching and
rendering up of fugitive slaves.
Under It's provisions the United States cir
cnit court could appoint as many commission
! ers as they pleased To appoint in every county
/ IN their respective districts, and these commits
sloners could in turn commission as many men
as they deemed necessary to execute their war
rants would have all the powers of the cir.
cunt or district Judges in term time or vacation ;
could issue their warrants for the arrest of an v
cltlZen, and the warrants would be good in any
| portion OF the State could summon every ma n
IN the county tn assist In serving their process
ses, and II they refused 10 obey their mandate
could fine and imprison them for so doing !:
could include IN that posse c0mitGt,tS such nor
uoh oil the United States forces the army and
( navy OF The United States, might be within
| the territory over which they exercised iuris
diction, and would possess powers more than
ample to secure peace and the most perfect
protection TO life, liberty and property in every
State IN the Union and the constitutional
power oil Congress to confer these powers can
not be doubted for has not the party whose rep
resentatives on this floor have so often assured
us of their devotion To the Constitution
stamped the seal of approval upon all of it's
principles, aud enforced and maintained that
law by all the machinery of the Government {?
Aud the Democratic party, having enacted this
law and sustained its constitutionality before
the adoption of the amendments TO the Const-
tuition, which have certainly conferred some new
powers upon Congress, cannot, i presume will
hoi attempt to question its constitutionality
now.
lt was good democratic constitutional law to
empower AN unlimited number Of COMPARE
lively irresponsible United States marshals to
use the army and navy of the United States TO
enforce United States laws when those laws
were IN the interest Of the Democratic party ::
and now, SIR, We witness the remarkable specta-