Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1871-05-04

gress on the 9th of April, 1871.
Mr.. Speaker, is there any one Who
believes that were this thing reversed,
and these outrages, which are being
committed upon the friends ofsthe
Administration in the Southern States,
were being committed by Republicans
upon Democrats in Democratic States
with a Democratic majority in both
branches of Congress, a Democratic
President, and an army and navy in
their hands-that a Democratic Con
gress would fail to find constitutional
warrant for extending protection to
their friends, although the State au-
thorities, through weakness, treachery
or cowardice, should fail to call for
assistance from the General Govern
ment? The whole history OF that
party forbids such a supposition and
in their days of power they gave MS a
precedent which is sufficient justifica
ton to me for the votes l shall give
on this bill and such amendments as
may be offered. Is there any gentle
man on the Democratic side of this
House who is willing to admit that
the fugitive slave law of 1850 was un-
I iCOISltluLlOudl L NiO AAOH DCAAOfO
| is; and as one Republican member
from the South, I 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 citi-
zens, instead of those of fslaYeoWners-
find in it all the protection which, as
loyal citizens of the South, we demand
from the government, which owes US
the fullest protection its laws can ex-
tend.
The constitutionality of such law
could not be questioned, for it was
affirmed in 1850 by the entire Demo
cratic 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 Demo
cratic majority. It's constitutionality
was maintained and defended by the
party that enacted it as long as thev
continued in power, and affirmed again
and again by the United States courts,
then presided over by Democratic judg-
es. / desire to call the attention Of
the House to remarkable provisions
of this constitutional Democratic law
this act, entitled s.An act to amend, -
&c, commonly known as ''the fugitive
slave law" which passed in this House
in September, 1850, having previously
passed in the Senate. It's first section
provides for the appointment of COM
missioners by the circuit courts to exc
cute the powers and duties prescribed
by the act. Section three provides
that the number of these commission
ers should be extended at the disere-
ton of the court, and any number ap-
pointed that might be deemed neces-
sary in carrying out the provisions
of the act.
Section four confers such remarka-
BILE and extraordinary powers upon
these commissioners that quote it in
, full:
''And be 1T further enacted, Thai
the commissioners above named shall
haze concurrent Jurisdiction q0tth tht
. judges of the circuit and dtStric
courts Of the United States an then
YespecttUe circuits and districts aCjth
, an the SeVerGL States and the judges O
A the superior courts of the Territories
J seUerGlly and collectively, IN term tim,
vacation, and shall grant certificates tC
such claimants upon satisfactory proc
being made, with authority to take anC
remove such fugitjves from service o
labor to the State or Territory iron
: which such person may have ESCAPED
D or fed"
Section five prescribes the duties 0
Marshals, who may have any numbe
t of deputies, and prescribes penalt;e!
, should they refuse to obey or execut
n all warrants or precepts issued unde
= the provisions of this act when t.
them directed makes them liable t.
the full value of any slave that MAJ
K escape from their stody after arrest
9 and, in language which l will give a
it appears in the section, confers still
more remarkable powers upon til,
: commissioners. I quote from th
section:
"And the better to enable the SAT-
commissioners, when thus appointed
u to execute their duties faithfully ant
efficiently, in conformity with the re
quirements of the Constitution of tn
United States and of this act, they ar
s hereby Authorized and empowered
d within their counties respectively, t.
s appoint, in writing under their hands
s any enc or more suitable persons
s from time to time, to execute all sucl
e warrants and other process as may b
/ issued by them in the lawful perform
anee of their respective duties, wit
authority to such commissioners, 0
IS the persons to be appointed by them
e to execute process as aforesaid, t
o summon and call 10 their aid the by
ISLANDERS or posse comitatus of th
'e proper county, when necessary, to in
n sure faithful observance of the pro
visions of this act; and all good citi
zens are hereby commanded to aid an
. assist in the prompt and efficient exc
= cution Of this law whenever thei
= services may be required, as aforesaid
= for that purpose, and said warrant
. shall run and be executed by sal
- ! officers anywhere in the State with
y which they are issued
a Section z imposes fine and imprisor
y ment on any person who shall willingl
T. hinder the arrest of fugitive or shal
n attempt to rescue one from custody
r. or barbor or aid to escape any fug
,r tive from slavery.
~ Section 8 provides that when th
. claimant or his agent apprehend q re
n cue, the officer making the arrest is
n remove the fugitive to the State fro
a