The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1871-05-04
SPEECH OF HON. JAMES H. PLATT, Jr

The following Is an extract OF q
speech of Hon. James H. Platt, Jr., of
Virginia, on the bill for the enforce
ment of the Fourteenth Amendment,
delivered in Congress on the 5th Of
April, 1871:
Mr.. Speaker, is there any one who
believes that were this thingFeversed,
and these Outrages, which are being
committed upon the friends of the
Administration in the Southern States,
were being committed by Republicans
upon Democrats i'm Democratic States
with 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 as
sistance from the General Govern
ment? The whole history of that
party forbids such a supposition; and
/ in their days of power they gave us a
precedent which is sufficient iustifica-
| tiOn to me for the votes shall give on
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 uncOnstitutiOn-
al? do not believe there is; and as
one Republican member from the
South, l am willing to take that law
and changing its wording, some
what, so as to make the rights and
-, -, ,FI
al men and free American citizens, in
stead of those of slave-owners-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 extend. |
The constitutionality of such law
could not be questioned, for it was af-
firmed in 1850 by the entire Democrat
ic party, and by the united and solid
vote of that party on this floor, forced |
through this House under the opera
ton of the previous question, no Op- |
portunity for debate or amendment |
being permitted by the then Demo- .
cratic majority. Its constitutionality /.
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 Democratic /.
judges. l desire to call the attention /.
of the House to the remarkable pro- /
visions of this constitutional Demo- /.
cratic law-this act, entitled Gan act /
to amend" :" &C., commonly known as |
"the tugitive-slave law" which pass |
ed in this House in September, 1850, |
having previously passed in the Sen |
ofa fiVcf ha
appointment of commissioners by the 1
circuit courts to execute the powers /
and duties prescribed by this act
Section three provides that the num-
Der of these commissioners should be /
extended at the discretion of the court /
and any number appointed that might I.
be deemed necessary in carrying out .
the provisions of the act.
Section four cCnfers such remaTka- /
BILE and extraordinary powers upon
these commissioners that / quote it in .
full
"1And be It further enacted, That the /
the commissioners above named shall |
have concurrent jurisdiction with the
judges of the circuit and district with
in the several States and the judges of
the superior courts of the Territories,
severally and collectively, in term
time and vacation, and shall grant .
certificates to such claimants upon sat |
isfactOry proof being made, with au-
thOrity to take and remove such fugi- |
tives from service or labor to the State
or Territory from which such person
may have escaped or fled" 7
Section five prescribes the duties of .
marshals, who may have any number
of deputies, and pTescribes 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 l will |
give as it appears in the section, con- I
fers still more remarkable powers up |
on the commissioners. l quote from .
the section:
"And the better to enable the said
commissioners, when thus appointed,
to execute their duties faithfully and
efficiently, in conformity with the re-
quirements of the Constitution of the
United States and of this act, they are
hereby authorized and empowered,
within their hands, any one or more
suitable persons, from time to time,
to execute all such warrants and 9TH
er process as may be issued by them
in the lawful performance of their re-
spective duties, with authority to such
commissioners, or the persons to be
appointed by them, to execute pro-
cess as aforesaid, to summon and call
to their aid the by-standers or posse
comitatus of the proper county, when
necessary, insure q faithful observance
of the provisions of this act; and all
good citizens are hereby commanded
to aid and assist in the prompt and ef-
ficient execution of this law whenev-
er their services may be required, as
aforesaid, for that purpose, and said
warrants shall run and be executed
by said officers anywhere in the State
within which they are issued"
Section seven imposes zines and i'm
prisonment on any person who shall
willingly hinder the arrest of a fugi-
tive or shall attempt to rescue one
from custody, or harbor or aid TO es-
cape 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
expenses 10 be paid by the United
States.
Now, sir, having quoted as much of
this act as l 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 its provisions, the United I.
States circuit courts could appoint as
many commissioners as they pleased .
to appoint in every county IN their /
81 rhnEn