Fugitive Slaves Part 24

=21. Woodbridge resolution on extradition of slaves. [-- 23.]=

=1841, Dec. 22.= Mr. Woodbridge submitted the following resolution, which was considered, and by unanimous consent agreed to.

"_Resolved_, That the Committee on Foreign Relations inquire into the expediency of entering into some arrangement with the Government of Great Britain, reciprocal in its provisions, for the arrest of fugitives escaping over the Northern or Western boundary of the United States, charged with the commission of any crime or crimes, and for the surrender of such fugitives upon reasonable requisition to the authorities of the State or province from which such fugitives may have fled: _Provided_, such arrangements do not comprehend cases of political offences merely, but be restricted to those which are in themselves criminal." No action taken.--_Senate Journal, 27 Cong. 2 Sess., 47; Cong. Globe, 27 Cong. 2 Sess., 48._

[Sidenote: Prigg Decision. Resolutions.]

=22. Significant extracts from the Prigg decision. [-- 25.]=

=1842.= "Upon this ground we have not the slightest hesitation in holding that, under and in virtue of the Const.i.tution, the owner of a slave is clothed with entire authority, in every state in the Union, to seize and recapture his slave, whenever he can do it without any breach of the peace, or any illegal violence."

"The clause is found in the national Const.i.tution, and not in that of any state. It does not point out any state functionaries, or any state actions to carry its provisions into effect. The states cannot, therefore, be compelled to enforce them; and it might well be deemed an unconst.i.tutional exercise of the power of interpretation, to insist that the states are bound to provide means to carry into effect the duties of the national government nowhere delegated or intrusted to them by the Const.i.tution."

"If this be so, then it would seem, upon just principles of construction, that the legislation of Congress, if const.i.tutional, must supersede all state legislation upon the same subject; and by necessary implication prohibit it."

"As to the authority so conferred upon state magistrates, while a difference of opinion has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation."--_16 Peters, Justice Story's Opinion, 608._

=23. Giddings's resolutions on the status of slaves on the high seas. [-- 24.]=

=1842, March 21.= "Resolved, That when a ship belonging to the citizens of any State of this Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and thenceforth are governed in their relations to each other by, and are amenable only to, the laws of the United States.

"Resolved, That when the brig Creole, on her late voyage for New Orleans, left the territorial jurisdiction of Virginia, the slave laws of that State ceased to have jurisdiction over the persons on board said brig, and such persons became amenable only to the law of the United States.

"Resolved, That the persons on board the said ship, in reserving their natural rights of personal liberty, violated no law of the United States, incurred no legal penalty, and are justly liable to no punishment."--_Cong. Globe, 27 Cong. 2 Sess., 324._

=24. Benton's resolution on slaves escaping to Canada. [-- 23.]=

=1844, Jan. 29.= Mr. Benton presented the following resolution:--

"_Resolved_, That the President be requested to communicate to the Senate the information, if any, which may be in the Department of State, in relation to slaves committing crimes and escaping from the United States to the British dominions since the ratification of the treaty of 1842, and the refusal of the British authorities to give them up. Also, that he communicate to the Senate the information, if any such is possessed by him, of the construction which the British government puts upon the said article in relation to slaves committing crimes in the United States and taking refuge in the British dominions."--_Congressional Record, 28 Cong. 1 Sess., 206._

=25. Giddings's resolution for the abolition of the slave trade in the District of Columbia. [-- 28.]=

=1848, Jan. 17.= Mr. Giddings described the seizure of a colored man employed as waiter in a colored boarding-house in Washington. He then offered the following resolution:--

"_Resolved_, That a select committee of five members be appointed to inquire into and report upon facts aforesaid; also as to the propriety of repealing such acts of Congress as sustain or authorize the slave trade in this District, or to remove the seat of the Government to some free State." Resolution laid on the table.--_House Journal, 30 Cong. 1 Sess., 250; Cong. Globe, 30 Cong. 1 Sess., 179._

=26. Hall's repeal resolution for the District of Columbia. [-- 28.]=

=1848, Feb. 28.= Mr. Nathan K. Hall offered the following preamble and resolutions, which were read, and, debate arising thereon, it was laid over under the rule, viz.:--

"Preamble.... _Resolved_, That the Committee on the Judiciary be, and they are hereby, directed to report to this House with all convenient speed a bill repealing all laws of Congress, and abrogating, so far as they are operative or in force in the District of Columbia all the laws in the State of Maryland which authorize or require the courts, officers, or magistrates of the United States, or of the said District, within the District of Columbia to issue process for arrest, or commit to the jail of the said District any runaway or other slave or fugitive from service," etc. Resolution laid over under the rule.--_House Journal, 30 Cong. 1 Sess., 450, 453; Cong. Globe, 30 Cong. 1 Sess., 390._

[Sidenote: Resolutions. Bill of 1850.]

=27. Giddings's resolution inquiring into the condition of the District of Columbia jail. [-- 28.]=

=1848, April 18.= Mr. Giddings introduced the following resolution:--

"Whereas, more than eighty men, women, and children, are said to be now confined in the prison of the District of Columbia without being charged with crime or any impropriety other than an attempt to enjoy that liberty for which our fathers encountered toil, suffering, and death itself, and for which the people of many European governments are now struggling; And whereas said prison was erected, and is now sustained, by funds contributed by the people of the free as well as of the slave States, and is under the control of the laws and officers of the United States:

"And whereas, such practice is derogatory to our national character, incompatible with the duty of a civilized and Christian people, and unworthy of being sustained by an American Congress: Therefore, _Be it resolved_, That a select committee of five members of this body be appointed to inquire into and report to this House by what authority said prison is used for the purpose of confining persons who have attempted to escape from slavery, with leave to report what legislation is proper in regard to said practice. _Resolved, further_, that said committee be authorized to send for persons and papers." Objections being made, the motion was not received.--_Cong. Globe, 30 Cong. 1 Sess., 641._

=28. Giddings's resolution on the jail in the District of Columbia. [-- 28.]=

=1848, April 21.= Mr. Giddings visited the jail in the District of Columbia for the purpose of interviewing the persons confined there on charge of carrying away slaves from this District. He was then mobbed and his life endangered.

"_Resolved_, That a committee of five members be appointed to investigate and report to this House respecting the points alluded to in the above statement, and that said committee be authorized to send for persons and papers, and to sit during the session of the House."--_Cong.

Globe, 30th Cong. 1 Sess., 664._

=29. Meade's resolution on more effectual enforcement of the const.i.tutional article on fugitive slaves. [-- 27.]=

=1849, Jan. 8.= Mr. Meade moved that the rules be suspended to enable him to offer the following resolution:--

"Preamble. Whereas it is the duty of the Congress of the United States to enact all laws necessary to enforce such provisions of the Const.i.tution as were intended to protect the citizens of the several States in their rights of property, and past experience has proved that laws should be pa.s.sed by Congress to enforce the second section of the fourth article of the Const.i.tution, which requires that persons held to labor in one State, escaping into another, shall be delivered up on claim of the party to whom such labor may be due; therefore, Resolved, That the Committee on the Judiciary is hereby instructed to report a bill to this House, providing effectually for the apprehension and delivery of fugitives from labor who have escaped, or may hereafter escape, from one State into another." Rules not suspended.--_House Journal, 30 Cong. 3 Sess., 213; Cong. Globe, 30 Cong. 2 Sess., 188._

=30. Legislative history of the Fugitive Slave Act. [Jan. 3 to Sept. 18, -- 29.]=

=1850, Jan. 3.= Mr. Mason of Virginia gave notice of his intention to introduce a bill.--_Cong. Globe, 99._

=Jan. 4.= Senate bill No. 23 introduced by Mason, read twice, ordered printed, and referred to the Committee on the Judiciary.--_Senate Journal, 54; Globe, 103._

=Jan. 16.= Bill reported favorably by Butler from the committee, ordered printed, and made a special order for Jan. 23.--_Senate Journal, 88; Globe, 171; Senate Reports, I. No. 12._

=Jan. 22.= Debate begun. Mason offered an amendment which made the fine for any obstruction of the workings of the act one thousand dollars, and refused to allow the testimony of a fugitive.--_Globe_, 210.

=Jan. 23, 24.= Bill taken up and debated.--_Senate Journal_, 104, 110; _Globe_, 220, 228; _Globe App._ 79, 83.

=Jan 28.= Seward presented an amendment, which allowed the right of trial by jury, and punished judges who should disallow the writ of habeas corpus.--_Senate Journal_, 117; _Globe_, 233-237.

=Jan. 29.= Clay introduced, as a part of his compromise resolutions, a declaration that a more effective fugitive slave act should be pa.s.sed.--_Senate Journal_, 118; _Globe_, 247.

=Jan. 31.= Mason offered a subst.i.tute for the bill already before the Senate. It was laid on the table, and ordered to be printed.--_Globe_, 270.

=June 3.= Webster brought in an amendatory bill.--_Senate Journal_, 370; _Globe_, 1111.

=Aug. 15.= The debate was again opened, and made the special order for Aug. 19.--_Senate Journal_, 560; _Globe_, 1588.

=Aug. 19.= Mason offered as an amendment a subst.i.tute for the bill already before the Senate.--_Senate Journal_, 564; _Globe_, 1605; _Globe App._, 1582.