The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-04-10
Enforcement of the Fourteenth
Amendment.
SPEECH OF HON. JAMES H. pLATT.

the Southern States were committed b
Republicans upon Democrats in Demo
cratic States-with a Democratic majorit
in both branches of Congress, a Demo
cratic President and an army and navy il
their hands--that Democratic Congress
would fail to fad constitutional warran
for extending protection to their friends
although the State authorities, through
weakness, treachery or cowardice, SHOULD
fail to call for assistance from the genera
government The whole history of tina
party forbids such supposition and il
their days Of power they gave us prece
dent which is sufficient justification 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 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 its words 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-and find in it 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 af-
firmed 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 pre-
vious question, no opportunity for debate
or amendment being permitted by the
then Democratic majority Its constitu-
tionality was maintained and defended by
the party that enacted it as long as they
continued in power, and affirmed 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 an act
to amend, &c., commonly known as "the
fugitive slave law" which passed in this
House in September, 1850, having pre-
viously passed in the Senate. Its first
section provides for the appointment of
commissioners by the circuit courts to exc
cute the powers and duties prescribed by
the act. Section three provides that the
number of these commissioners should be
extended at the discretion of the conrt,
and any number appointed that might be
deemed necessary in carrying out the pro-
visions of the act.
Section four confers snch remarkable
and extraordinary powers upon these mar
shals that | quote it in full:
And be it further enacted, That the commits
sioners above named shall have concurrent
Jurisdiction with the judges of the circuit and
respective circuits and districts within the
several States and the judges of the superior
courts of the Territories, severally and collec
lively, in term time, tenure and vacation, and
shall grant certificates 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 persons may have escaped or fed.
Section five prescrbes the duties of
marshals, who may have any number of
deputies, 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 liable to the full value of any slave
that may escape from their custody after
arrest, and in language which will give
as it appears in the section confers still
more remarkable powers upon the COM
missioners. Iquote from the section:
And the better to enable the said commission
ers, when thus appointed, to execute their du-
ties 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 cour-
ties 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 du~
ties, with authority to such commissioners, or
the persons to be appointed by them, to exc.
cute process as aforesaid, to summon and call
to their aid the by ISLANDERS or posse comitatus,
oil the proper county, when necessary, to in
sure faithful observance of the provisions of
this act, and all good citizens are hereby COM
manded to aid and assist in the prompt and eff
fcient execution of this law, whenever their
services may be required, as aforesaid, for that
purpose, and said warrants shall run and be ex-
ecuted by said officers anywhere in the State
in which they are issued.
Section imposes fine and imprisonment
on any person who shall willingly hinder
the arrest of a fugitive or shall attempt to
rescue one from custody or harbor or aid
to escape eny fugitive from slavery.
Section 9 provides that when the-claim-
ant or his agent apprehend a rescue the
officer making the arrest is to remove the
fugitive to the State from whence he fed.
or to employ as many persons in doing 50
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
70 make its provisions apply to the preven-
lion of outrages against life and property
instead of to the catching and rendering
up of fugitive slaves
Under its provisions the United States
Circuit courts could appoint as many COM
nlssioners as they pleased to appoint in
avery county in their respective districts,
Ind these commissioners could in turn {
commission as many men as they deemed
necessary to execute their warrants-would :
nave all the powers of the circuit or dis :
fict judges in term time or vacation Z
'ould issue their warrants for the arrest of
my citizen, and the warrants would be
1000 In any portion Of the State--could
luminous every man in the county to assist
uYtafs H..