Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-05-04

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 COM
mitted by the Republicans upon
Democrats in Democratic States
with Democratic majority in both
branches of Congress, Democratic
President, and an army and navy in
their hands-that Democratic Con-
gress would fail to find constitution
al warrant for extending protection
to their friends, although the State
authorities, through weakness,
treachery or cowardice, should fail
to call for assistance from the Gen
cral Government: The whole his
tory of that party furdids such n
supposition: and in their days of
power they gave us a precedent
which is sufficient justification to me
for the votes l 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 fu
.gitiye- slave law OF 1850 was uncon-
stitutional: | do not 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 and free American citizens,
instead of those of slave owners
find in it all the protection which, ,as
loyal citizens of the South, we de-
mand from the Government, which
owes us the fullest protection its
laws can extend.
The constitutionality Of such a
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 un-
der the operation of the previous
question, no opportunity for debate
or amendment being permitted by
the then Democratic majority. 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 remarkable provisions
of this constitutional Democratic
law-this act, entitled ''An act to
amend" DC, commonly known as
E'the fugitive slave law" which pass
ed in this House in September, 1850,
having previously passed in the
Senate. Its first section provides
for the appointment of commission
ers by the circuit courts to execute
the powers and duties prescribed
by the act. Section three provides
that the number of these commits
sioners should be extended at the
discretion of the court, and any
number appointed that might be
deemed necessary in carrying out
the provisions of the act.
Section four confers such remark
able and extraordinary powers upon
these commissioners that l quote it
in full:
"1nd be ii. further enGcsed, That
the commissioners above named
shdH hare concurrent Jurisdiction
~ith the .iudgcs Of the circuit and
district courts Of the United States
IN their respectire circuits und dis
tricts ,eithin fhe sererol States and
the .jndges Of the superior courts Of
the Territories, sereyaUy and col
lectirely,ia term time and uacatton,
and shall grant certificates to such
claimants upon satisfactory proof
being made, with authority to take
and remove such fugitives from ser
vice or labor to the State or Terri
tory from which such person may
have escaped or fed
SECTION five prescribes the duties
of marshals, who may have any mum.
ber of deputies, and prcscribes pen
alties should they refuse to obey or
execute all WARRANTS or precepts is
sued 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 re-
markahle powers upon the commits.
sioners. | quote from the section:
"And the better to enable the said
commissioners,wh when thus appointed,
to execute their duties faithfully and
efficiently, in conformity with the