Newspaper Page Text
u. S. CONGRESS.
SPEECH OF MR. BLACK
far. BL.A* K. of Georgia, begged leave
to occupy lue aiieuiiun ofthe House fora
s.iort ume, and, litforc iia proceeded, he
u-veJ perhaps an apoioe v to the llna-e and
tile gentleman front Mary Lin I for toe man—
lie.'ill which he had lor the tiist time pie
soiled 111 ill self to its notice. Hr meant no
disrespect to any noe ii-re : lie had only
claimed the r.ght for his colleague (Mr. Coi
quitt) to be heard, when other gentlemen,
who had spoke-i ivpeated’y, weie wander,
ing from the i.i idt-utal question befor**
them, andtvldresdog ilie iiseives to the mer
it* wftlie main proposition. lie again as
serted the p.isitnm' he In.l jiss irred in his
el.i.m o illi fl »or op.in the mound that,
•.iilurtii'i tim tpiestion iouneJiatciv before
the tio-ise might (is new in its mrrts farm,
yet tint was substauiiaiiy the same that then
ii.td been debated lor sw-m days betbre tli.it
holy: in pr.nfol' which. lie referred to the
speech just delivered by the gent leman from
Xr-v York ( 'dr. Vaiiderpuel.) and to the
tvply - thereto by the gentleman from Ver
mont (Mr. -Everett.) both of wliich had
been addressed to the waits of the original
•<y«. sh-tn. In continuatEn of that debate,
the gentleman from Maryland bad risen,
and, although there could be no doubt but
tilit,he believed himsell rightfully entitled
to the door as speaking to anew question,
yet (said Mr. Biick) the gentleman may
b ■ mistaken innocently so, without doubt
—but not the-less so on that account, as he
i bought he h r! conclusively shown hv re
lercni" to the chara-ter of the present d.s
t:u ixioti.
Mr. Black said that he, like liis honors-
Me colleague (Mr. Colq.fit,) begged leave
t > exhibit to the House tlie commission by
virtue of which he stood here. It so hap
pens that my credentials of election, and my
lights consequent upon that election, are
ic t disputed. So far as he was informed,
no nun was prepared to dispute them:
b it, il the rule winch has been attempt 'd
to be enforced here is ultimately established,
he did not know Imw soon he might be ar
rested in his representative capacity, and
compelled to go back ti Georgia, togath
e* up the | oil books, to ascertain the com
petency of the presiding officers of election
and the qualifications of eve y man who had
presented hi ose.lf.it the polls and participa
ted in the election, before he would be per
mitted to take his seat.
r l he ostensible question now before the
House is, whether ihe gentleman from Ohio
[ Mr. Duncan] shall be allowed to proceed
wi h the testimony in beiialt of those gen
tlemen from New Jersey who are claiming
their seats nere in opposition to the mem
bers elect trouuhat Shite, who have in their
possession the commission of the Governor.
I o such a proposition lie must answer 1 a the
1 • gative. A grave and important question
—one involving the lights of the States and
the People ol the States in the high and mo
mentous privilege of the elective franchise
is now submitted. To whom is it sub
mitmi! To a mere assembly of citizens—
to men who, although they may be ultimate
ly entitled t u their seats upon this floor,
have not as yet produced even the prima fa
eje evidence of their election.' State the
case as you inay, turn it and twist it as you
'HU, “to this complexion it must come at
last. ’ Shall we [said Mr, B.j hear testi
mony. either on one side or the other, be
fore we arc '•o tsli'uHon iiy qualified to act
on it ' Will you hear the merits of the
case before you ire in a condition to decide
upon it ? Who and wliul are we ? (asked
Mr. H.) Admit, sir, for the sake of argu
-•tienf. that we are the Representatives of
the People. To whom can that fact, at
this stage of our existence, be known, save
to those gentlemen almie who have their
credentials in their pockets ; admit that we
have no other contest here but that to the
scats of the members from New Jersey.
I put it to your wfs lotn, sir to say wheth
er we are yet organized in accordance with
the Constitution and the law ? And wheth
er we can take cognizance of any matter, ei
ther in our judicial or legislative capacity,
until wc are organized ? Will you try a
case ot such high concern before you im
pannel and swear your.jury ? By virtue of
what authority and under what solemn sanc
tion do we apj ear here as judges in a mat
ter of such interest to the parties ? By vir
tue ot our commissions ; by virtue of the
authority of the sovereign States we repre
sent; and the sanction under which we
should act is to he found alone in iho oath
which, under the Constitution, we are im
peratively required to take. J.et us, then,
who are thus delegated as St,-,te Represen
tatives, and by virtue of Slate authority,
pmcecd to organize ourselves, in order that
we may be constitutionally qualliiled to hear
and decide this question, ifwc are to nr
rive at that point ol out* legislative existence
r.t wliich our pow ers as members of the Gen.
Government begin, we must lake the only
practical course, and that is. the usual ati !
ordinary one hcri tofore mu-med by the
House. Lei your (Jerk call the 1 II of
members, beginning, if he pleases, w ith the
State of Maine, and going on in geograph
ic® I order until the whole rod is completed,
and then let the members thus called take
the oath of office prescribed by ilie Consti
tution. Ijntil we do this, we have no pow
erto do any ac; in our representative capao-
Uy \
Mr. Chairman, to the "House of Itepre
sesf.ill res' alone belongs the exclusive right
to adjudge and determine this question.
1 hat l louse is made by the law paramount
of the land “tliejndgc of the 1 lei (ions, re
turns, nmi qualifica lions of its own mem
hers.” Os what, then, is the House of
Representatives composed? Os members
cßo'sen every second year by the People of
the several. States ; not only o, sir, but a
majority of the members s« chosen must be
sworn into office before they can “Jo btisi
i“'ss” as: * body recognised by the COll titu
' »“«* o 1 'bis country. The only practical
w ay id which this organization can lie effect
ed is. as ( suggested*belli re. to call tIie ; ro!l
< i members, mi! to swear ihem, or a mn
j >nty of the n, if no more present tbemselrus
into offiae irpoffThe prima facie evide. re a
lone oj( the couiiiiLsioir issued bv the S, tes
V. hick,they may severally represent.' This
i- way m which we may hope to
p if au end to this most disgraceful state of
tilings.. .pi t this prima facie evidence ot
my electlji,!.r-.wy-.cnuniiissiou tinder the
gn at j-if ilap tlii- Stqie off j uirgia ; yon per
mit me to take my seat; and when the gen-'
tlemen frr.ni New-Jer.s.ey, wR, f lo Li in their,
hands pre. isely similar Evidences of (heir
election 'present themselves to he si*<>rn,
reason the Constitution, and the
la .vs made jn pursuance therpoV. require that
yon should extend to thenq also the same
,rh figged-you accord to me
W 0 have bee* Lvre now seven days wast
ing ih«* rime and money of the People, and
h ve not yet arrived at the only mateiial
point - tbit of orga: izat.on Ail the do
fc«. ' mi lis hVhnrtii-oceurred was idle and
1 ; .0 ilajffe. lie, himseif, wys then, soeuk
rg by lire liivie courtesy of the (lonic;
every member who had spoken had been
listened to only by the same couitesy ; and
tsaid Mr. Black) until we can organize, and
place ourselves in a condition to act defin
itely, all our debate will be mere talk. In
order iliat we may arrive at that point, per
mit me to address myself to the majority;
me numerical majority, on this floor. It
is s ;, id that one of tlie great political patties
Chat now divide the country das that major*
itjt here ; if that he (he trui h. rite w hole res
ponsibility f«r the waste of the lime and
money of the People w ill ultimately fall up
on th.’iii. The minority here, an elsewhere
can do no'bin a ; the majority, which is said
to h r no Administration may >ritv. am all
powerful. I; lliev refuse to act; to orgiu
i/.e the House upon | r.picr principles, and
to dispose of this question—-they, and they
alone, will b • responsible to t!ic?ereat bodv
of the coil-fiitumicv. Go on, therefore. I
'beseech you, gentlemen of the majority;
relieve us from the extraordinary position
in which we are ; term iiate the scenes of
disorder and confusion which have been
const,iutly occutiiusi here since we first as
sembled ; ami place us in such a slate of
constitutional existence as will enable us to
decide upon this question thus prematurely
thrown before us.
If the friends of the Administration can
th is command and direct the action of this
House, an I they are disposed to be governed
in tlo-irc iiirse by motives ot policy, 1 put it
to them to say whether the odds will not be
fearfully against them if they continue to
stand out doggedly against the organiza
tion of this lloilse ? Reflect what may be
tiie opinion entertained of you if you arbi
trarily exclude these five New Jersey mem
bers from their seats from fear that if they
are admitted you may not be able to elect
an Administration Speaker. If on the otb -
er hand the Whigs are admitted to their
seals in order to lorin a 11-use, and upon
subsequent investigation they are ousted,
you may then well claim the merit of hav
ing sacrificed your political predilections
and party interests for the purpose of remov
ing obstructions which otherwise would
have clogged the wheels of-Government
and threatened the existence of the Uuion
itself. And, if the Whig votes from New
Jersey, thus admitted, should' be made the
instrument of placing an Opposition Spea
ker in the Oh ea ir, his tern re of office would
rest solely on the validity oftha votes that
elected him, and the House, ifthe Whigs
from New Jersey are ultimately rejected,
would vacate the Chair which had been fil
led by the instrumentality of spurious votes,
and instantly proceed to anew election.
Such a course would secure to you, not
only the enviable consciousness of having
done your duty to the country, but will en
sure your success in Hie election of a Spea
ker upon the ouly grounds on which any
party ought to succeed ; upon the strength
of the legitimate and majority members of
the House ol Representatives.
Mr. Black said he had as vet only spoken
on the preliminary question ; and as to what
might lie his opinions and what his votes in
regard to the ullbuaU riidit of these claim
ants to the scats from New Jersey, when
that question should como pronerly before
him he w as prepared to do what law and jus
tice required. After the House should be
organized, he w is willing to open that case ;
he would lie willing to hear the evidence
on both sides, to examine the facts as to
who had the majority of legal votes, and
then finally decide who are the rightful Rep
resentatives of the Slate of New Jersey.
But before we can achieve “a consumma
tion so devoutly to be wished,” we must
form ourselves into a “House of Represen
tatives.”
In conclusion, (said Mr. B.) permit me to
say. we have heard much during this wide
and distillery debate of the ligh's of the
People— the voice of the People-—the po
tential voice of the People—and the great
democracy of the country, as contradistin
guished from the regularly organized and
constitutional atithoriiies of the State
Governments. I know nothing of such a
distinction. The People of Georgia are
democratic, republican, sorer cion ; but the
potential voire ol jthejsovereign People of
Georgia is always heard through the reg
ularly constituted organs id the Govern
ment whiefi the'People themselves have in
stituted. An v other expression ol'that voice,
except when th ‘[People are in their original
convention, would he but the raving* of a
mob, and the bowlings of anarchy.
Tie hoped that the gentleman from Ohio
(Mr. Duscan) would see that, until the
House had organized itself, and placed it
self in a constitutional attitude, he could
not he permitted to go into the merits of
the case.
Mr. 1; N DErvWOOD said he believed
the questions was whether the gentleman
from Ohio, (Mr. DencaS,) who proposed
the reading of certain papers, should or
should not he permitted to have them read,
lie (Mr. U.) was opposed to the rc • ling.—
He was also opposed to the reading of the
papers which he believed a colleague of his
(Dir. White) proposed to re; and by way of
,offset. The reason wps that, after "they
were.read, there could be no effectual ac
tion upon them; because other gentlemen
might rise and say that they wanted time
to got Other papers. If the House refused
to give time, the effect would he that a de
cision would he made on partial testimony.
If time was given, did not gentlemen per
ceive that it was wholly unnecessary to read
the proofs until tlicy had all-come in !
He had a word to say to hi.s friends on
this floor. It seemed to him that this mat
ter had been discussed long enough, they
had in view former speeches v made by gen
tlemen in direct contradiction to thetr.selres.
His friends had taken this matter upon the
first nrinciple. They had shown that ivhen
the House, in the act oforganization, de
parted from the regular Certificate, it found
itsc'f at sea without rudder, chart or com
pass.
It had been a question with him whether,
until Congress should point out the mode
of electing its members, they could g . be-
Ifim' »he regnlarcmificate ofthe Sqite.-and
investigate the matter at all ; but the prece
dents ran N> ihe-confrary. Under the old
Confederation the State' commissioned its
members in Congress, and could • rCcal
them at pleasure ; and it was in pursuance
ofihat power that a clause Was inserted in
the Constitution of (lie United States al
lowing the States to. prescribe ".the mode
and manner of its elections until Congress
should see fit to chabge those regulations ;
and as CongresVnever had done so, it might
be a question, if qot settled by prece lent,'
whether the House.conld go behind the re
gular certificate, lie acknowledged, how
ever, that, that question had been settled
’o the contrary, by that clause in the Con
stitution which declared that each House
should be the judge of the elections,'returns,
and qualifications of its own members.—
But that could not lie dorie until they were
an organized body: and the whole question
now whs, hoav should they proceed to organ
ize ? He desired to suggest a mode which
appeared to him to bo practical; but, be-
fore he did so, he intended to call for the
previous question >n the question immedi
ately pending, i. e. permission to read.the
papers. He pro.msed to move the previous
question on every proposition until the
Mouse could be brought to act on some de
finite resolution for its organization. If the
plan he was about to propc se was not so
good as another gent! email might pro|iose,
he wn* willing to go for ilie latter. Alrea
dy hadkJgO OOOefthe People’s money been
expended. But that was not the only avil
result growing out of this state of things.
Tile People had been preveuted from hear
ing from the Chief Kxecutive Magistrate,
end from the cons itutional departments, as
to the conditionof the Country ; matters in
which every man here, and probably in Ku
rope, felt aii interest. Should the House,
by useless debate, stop the regular opera
tions of the Gover uncut ?
[ Phis prop i-.tion was not read, but its
purport w is to proceed with the call of the
roll mini if w.i* gotten through with; that
the names or the New Jersey members (of
one or kotli side- ) should be pretermitted
or called, and if called, on objection being
made, they should be passed over until the
roll was gone through with and a quorum
had been formed.]
Having a quorum (concluded Mr. U.)
we can then decide on the pretensions of
the contesting members. After they shall
have been decided, (and 1 contend they
must he decided befoi>- organization) the
next thing will be to elect a Sneaker. He
will then take the, o. lh, and qualify the rest
of the members, and tho House would
then he an organized bo ly. AM he wanted
was to have the debate silenced (ill the ques
tion was propoly presented.
Mr. U. then moved the previous ques
tion, which was seconded; and the main
question being put, the House determined
that the papers might be read.
GEORGIA IEGISIA TORE ,
\ HILL,
To be entitled “An Act to proteetthe slave
property of the people of the Slate of
Georgi i from the aggressions of the
people of the State of Maine, to confiscate
the property of the citizens and inhabi
tants of Maine within Hie 'iinits of
this State, and to seize the persons of
such citizens and inhabitants, and other
persons coming into this State from the
State of Maine.”
Whereas, the people of the State of
Maine, through their, Stare Government,
have altogether and repeatedly disregarded
their constitutional obligations to the peo
ple of this State, liy refusing to deliver up,
upon the legal demand of the proper au
thority of this State, Daniel Philbrook and
Edward Kclleran, fugitives from justice, for
the crime of larceny of slaves, committed
within this State . And whereas, the hon
or of this State, as well as the protection
of its citizens in the peaceful and unmo
lested enjoyment ol their slave property, re
quires that the citizens of a Slate, which
thus,in direct violation of its most sacred
constitutional obligations, offers its territo
ry as an asylum for i.'neva and felon a , who
may flee from the criminal justice of its
sister States, should not be permitted to
hold property within this State, or to en
joy the protection ofour laws, but should
be deemed, held and taken as public en
emies of the people of this State :
Be it therefore enacted by the Senate and
House of Representatives of the State of
Geoigia in General Assembly met, and it is
hereby enacted by the authority of the same ,
That the citizens, residents and inhabitants
of the State of Maine, and each and every
person or persons coming into this Slate,
any country or port thereof, from any dis
trict or port of the said State of Maine, af
ter a residence therein of three years or
more immediately preceding, whether as
travellers, seamen nr mariners, or any other
character w hatever, shall be dimmed, held
and considered as the public enemies of
this State, and their persons shall be liable
to be seized and treated as such, and their
estates, hoth real and personal within this
State, shall be liable to confiscation, under
the provisions of this act hereinafter de
clared.
BeitJurlher enacted, 'Vhnt if any such
citizens, residents or inhabitants of the
State ot Maine, or any such person or per
sons as aforesaid, from any district or port
of the State of Maine, either as travellers,
seamen or mariners, or any other char
acter whatever as aforesaid, shall, after the
first day o‘* April next come into, or he
sou id within the limits of this State, any
country or port thereof, such person or per
sons shall be liable to be arrested by war
rant, under the hand .of any Judge of the
Superior Courts ofthis State, or any Jus
tice of the Inferior Court of any of the coun
ties o! tli s State, upon information received
upon oath hetore such Judge or justice,
that such person is a citizen or inhabitant
of tn<‘State from some district or port of
Maine, as aforesaid ; and it shall be the du
ty of the Judges of th 6 Superior Courts
and each and every one of the Justices of
the Inferior Courts of the several counties
of this State, immediately upon the receipt
of.such information, to issue their warrants,
respectively addressed to all and singular
the sheriffs and constables ofthis Slaie, for
the arrest and apprehension o( any such per
son so charged of being in violation ofthis
act: and it shall be the duty of each of
said Judges and Justices, upon the execu
tion am) return of said warrant and arrest
ot such persons, if it shall be made satis
factory to appear that such persons so ar
rested is a citizen 01 inhabitant of the State
ot Maine, or lias so come into this State as
aforesaid, to commit such person to the
common jail o| the county wherein such in
formation was given, thereto rem.cn, with
out benefit ol bail, until the (rnveruor of
this State shall order his discharge there
from : Provided, f fiat il the person so ar
rested shall make oath that he is not at the
time of his arrest, nor has been since the
said first day of April, a citizen or inhabitant
of the State of Maine, or lias not so as.afore
said court*' into tins State; a id wlll'givo bond,
with good and sufficient security, in such
sum as may be deemed proper and jnst“by
the Judge or Justice before whom he may
be brought, for lii.s appearance at the next
term of the Superior Court of the county in
which such information may be given, as is
usual in criminal cases, it shall |>e the duty j
of said Judge or Justice to discharge him,
subject to his said bond.
And he it further enacted. That in the
event ofthe appearance of such persons at
said Court in pursuance of his said bond,
said Court shall cause an issue *0 be made
up, tried at the first term thereof, by a spe
cial jury, unless good cause be shown for a
continuance, whether or not snob persons
so arrested as aforesaid,' was or was not a
citizen 01 inhabitant of the State of Maine at
the time of liis arrest, or at any time after
the said fust day of next-, or whether or
not such persoqs has or Itas not so come into
this State qs id in violation of t’uis
act aud if upon the trial of issue,
such person shall be found iu violation of
this act, lie shall be confined in the common
jail of said county as before directed, until
discharged by the order of the Governor of
this State : Provided , That if such persons
do oot appear according to the condition of
the said bond, the sum by ibe said Court,
as well as M!other bonds >aken in pursuance
of this act, shall be forfeited by said Court,
as in other criminal cases.
An! be it further enacted, That from and
after the said first day of next,
all real and personal property, which now is
or which hereafter may be within the lim
its of this Stats which may be owned by
any person who may at the time of the pas
sage ol this act be a citizen or inhabitant of
the State of Maine, and also all otlict proper
ty, both real and personal, within the limits
of this State, which maybe owned or of
right belong to any citizen or inhabitant of
k the State of Maine, or any such person so
l cninming into this State,| froma the State
of Maine as aforesaid shall be, and the same
is hereby confiscated and vested in the State
i of Georgia, to and lor the uses hereinafter
declared.
And hr it further enacted, That from 'and
after the said day ol next, it
shall andtuty be lawful for any citizen of
this State, to institute the proper and usual
action now recognized by the laws of this
State, in the name of the for the use
of the person suing lor the recovery of any
real or personal property, within the limits
of this State, belonging to any citizen or in
habitant of the State of Maine, or other per
sons) coming into this State as aforesaid,
and it shall be sufficient evidence to entitle
such persons to recover the property sued
for. to show title in any citizen or inhabitant
of the State of Maine, or such other per
sou as aforesaid. And all conveyances and
contracts made and entered into with in
tention to deleat the true intent and mean
ing ul this act, be, ami the same are hereby
declared null and voitl. to all intents and
purposes whatsoever.
And be it f urther enacted, That whenever
any person shall recover any property, real
or personal, under the provisions of the
foregoing sections of t’tis act, it shall be the
duty of the sheriff of the county in which
such recovery shall be had, to sell such
property so recovered, after thirty davs un
tie- at lie time and place poin’edout by !»w
for sheriffs sales; and after paytneiit of all
reasonable and legal costs and charges, he
shali pay one-half of the proceeds of such
property to the person who sued for the
same; and the other half into the Treasury
of this State; and t tie State of Georgia
hereby warrants the title of the property
thus sold to the purchaser thereof.
And be. it further enacted. That all citi
zens and inhabitants of the State of Maine,
who are now in this State, or who may
come into this Slate by the said first day
of next, and each and everv.
one of such other persons as aforesaid, who
may lie in this State, having come from the
State of Maine, as aforesaid, shall, by the
first day of next take and sub
scribe, before some Judge of the Superior
Courts of this Slate, or Justice of the In
ferior Courts an oath to < hey, observe and
conform to the laws of this Statein relation
to slaves, or such person or persons shall
be liable to the pains and penalties ol this
act. both in reference to their persons and
property, as are hereinbefore declared.
And be it further enacted. That in cast;
any citzens or inhabitants ol the S'ate of
Maine, or persons coining therefrom, as
aforesaid, iuto this State after the said
day of next, with the bona fide
intention ofbecomiug ci’izens or residents
of this State, and shall so make oath in
writing before someone of the Judges of
the Superior Courts, or Justices of the In
ferior Courts as aforesaid; and also, that du
ring his or their enntinnane'e or residence
in this State, that he or they will observe,
obey and cornform to the laws of this
Slate, and particularly in relation to the
slave population; and will, moreover, be
fore such Judge or justice, make and en
ter into his bond, with two or more good
sufficient securities, payable to the Govern
or of this State, in the sum of
dollar*, for bis good beha
viour and demeanor during his residence
in this State, and particularly for his obser
vance of the laws thereof in relation to the
slave population; then and in that case
such person or persons shall not be liable
to the said pa : ns and penalties hereinbefore
mentioned. And in all cases, it shall be
the duty of such Judge or justice, before
whom such oath is made as provided in this
and the preceding'section, and such bond
taken, to return the same to the clerk of
the Superior Court of the same county. —
And a certified copy of such affidavit, given
by any clerk of the Superior Courts of any
ol the counties of this State, that the origi
nal is of file in his office, shall be a suffici
ent passport for any such person or persons,
against any interference under this act.
And be it further enacted, That it shall
be' the duty of the Governor of this State, to
draw his warrant upon the Tresury thereof
for such expenses as may be inclined by any
county in tins State, in keeping persons
confined under any of the provisions of this
act ; which warrant shall lie paid from the
proceeds of property confiscated under this
act, ifthere should be a sufficiency of such
funds; if not, then the same shall be paid
out of any monies in the Treasury not other
wise appropriated.
And be it further enacted. That whenever
the Government of the State of Maine shall
have complied with her constitutional ob
ligations to this State, in the premises, it
shall be the duty of the Governor of this
State to suspend the operation of this act
by proclamation, and to discharge all per
sons in custody under it.
And be it further enacted. Tint all laws
and parts of laws militating against this a<S,
be, and the same are hereby repealed.
MR. JENKIN’S RESOLUTIONS.
Tlie Federal Constitution, having been
Iramed partially with a view to regulate the
conventional intercourse between the sove
reign States that ordained it, and having
j conferred all the powers necessa v and pro
' per forcarrying its provisions into full effect,
upon a Congress of the United States, it is
incumbent on that body, by its legislation,
to secure the several States in the enjoy
ment of their constitutional rights. Not
the least important stipulation in that com
pact,.is, that "a person charged with treason,
felony, or other crime, who shall flee from
justice, and be found in another State,'shall,
on demand of the Executive authority of
the State from which he fled, be delivered
up, to be removed to the State having juris
diction of the ciime.”
Doubtless the past legislation on this sub
ject, has been predicated upon the presump
tion, that each State, having in the pledged
faith of all the others, a sufficient guarantee,
nothing more was requisite, than to pre
scibe the forms which should give authen
ticity to the demand. Doubtless too, in the
times which gave birth to the Constitution
—whilst the Union was young, and her re
volutionary associations' fresh and warm,
thi*..piesumption found its warrant in the.
mutual fidelity which' promptly responded
to all fjxecutivodgnuurJtjv jo this gener?
ation has been reserved the humilrtingspec
tacle ot a sovereign State making herself a
city of refuge lor fugitive felons from her
sisters confederates. Two such cases, of
recent orcorrence, demonstrate the utter
inefficiency of the existing laws for carrying
into effect this provision of the Constitution.
They niorrover clearly indicate the cause
ol this inefficiency. Those laws are depen
dendant for their execution, upon the mere
will of the Executive officers of the several
States, who neither are, nor can be made
responsible to the Geueral Government. If
then it be correctly assumed, that the Feder
al Legislature is bouud to make ample pro
vision for the contemplated exigency, and
if experience tins proven that reliance on
State authorities is delusive, the ques
tion occurs, whether there be any other
mode which gives fairer promise of securi
ty ? May not the object be accomplished,
by employing in that service, officers ap
pointed by, and responsible to the Federal
Government? Inasmuch as that Govern
ment has employed, in every State of the
Union, competent judicial and ministerai
officers, it is believed that this duty, enjoined
by the highest obligations, and intimately
connected with the harmony and perpetui
ty of the Union. may be appropriately and
efficiently performed, through their instru
mentality. There would seem to be a pe
culiar fitness in providing that the aid which
she is hound to afford to the Slatejudiciaries,
should result from the action of her own
judiciary. The process would be simple,
and the agents directly responsible to the
power whence the laws to he executed em
anate.
Be it therefore resolved by t 1 e Senate and.
House of Representatives of the State of Geor
gia. in General Assembly met, That the
statutes of the United Stales enacted to
carry into efleet the latter clause of the
second Section of the fourth article of the
Constitution, are wholly inadequate to the
object.
A nd. be it further resolved. That in the o
pinion of this General Assembly, those sta
tutes should be so amended, as—l.vf, To au
thorize the demand in the eases contempt 1-
ted, to be made upon the Circuit Judge of
the United Slates having jurisdiction 111 the
State wherein such fugitive may be found:
‘idly. To requite that sue h.l mice, upon such
demand being made in due form of law,
shall issue liis wftrrant, to he directed to Hie
Marshal of the U. S. in the State whrein
such fugitive may he. requiring his arrest
and delivery to the agent duly authorized to
receive him, who slnll be named in such
warrant. 3 dly, To require each Marshal
to whom any such warrant shall be deliver
ed. forthwith to ex»citfe the same.
And be it farther resolved. That His Ex
cellency the Governor, be requested to for
ward to our Senators and Representatives
in Congress, copies of the abpve pream
ble and resolutions, with a request that they
endeavor to procure such amendment of
tiie statutes in question, as in their judg
inent will be best calculated to effect the
desired object.
Tuesday, December 17.
The House took up the special order of
the day, which tyas the bill to protect the
citizens of the State of Georgia against the
stealing ol their negroes by the citizens of
the State of Maine. Mr. Stephens’ bill be
ing under consideration, Mr. Toombs offer
ed a substitute for the same. Mr. Craw
ford offered the following as a substitute for
the original bill, and the substilute of Mr.
Toombs:
A BILL, to he entitled “An act to com
pel vessels, owned or commanded by citizens
of, or f timing from the ports of Maine, and
the officers, seamen.and passengers thereof I
to perform quarantine, and to provide for a
seaich thereof On their departure ”
Whereav, certain persons have been charg
ed with having feloniously taken and carri
ed away the personal property of some of
the good citizens, of this State, and have
fled to th- State of Maine; and whereas,
the Government of Maine, after a constitu
tional and legal demand lias been made by
the Executive of this State, has refused to
deliver up said fugitives from justice, which
refusal is an assumption of authority, not on
ly in violation ofthe constitutional compact
but wholly destructive to the rights of pri
vate property. For remedy whereof.
Beit enacted tyr., That from and after
the first day of March next, every vessel,
by whatsoever description or name known,
owned or commanded by any citizen, or
coming directly or indirectly from any port
of the Slate of Maine, and the officers, crew
and [Rissengers thereof, shall perform qnar
entine for and during the space of one hun
dred days, after arrival within the limits of
this State ; and whilst such vessel may be
under quarantine, it shall not be lawful for
the officers, eaincn and passengers thereof,
or any of them, to go on shore, or on board
of any ship, vessel or boat whatsoever, and
in case such officer, seamen or passenger,
whilst under quarantine, shall go on shore,
or on board of any ship, vessei or boat what
soever, he, she orthey shall be guiltvof a
misdemeanor, and on conviction shall be
imprisoned, at hard labor in the Penitenti
ary, for a period not less than live uor lon
ger than ten years.
And be it further enacted, That during
the continuance of this act, no vessel from
the State of Maine, as before described, nor
any officer, seamen or passenger thereof,
shall approach within three miles of any sea
port, city. town or hamlet of this State,
without being consider! and as having violated
the limitsofquarantine as intended to be pro
vided by this act, and for such approach to
said city, town or hamlet, he, she or they
shall be indicted for a misdemeanor, and on
comiction, be imprisoned in the Penitenti
ary, at hard labor, not less than five nor lon
ger than ten years.
And be it further enacted. That it shall not
lie lawful for any officer, seamen 01 passen
ger of any vessel, as hereinbefore described,
whilst under quarantine, »o have orliold a
ny communication either directly or indi
rectly, with any slave or slaves, or free per
son or persons of color, without the written
authority of the owner or guardian thereof
wbi h shall he the only justification for
such officer, seamen or passenger, and if,
whilst sncl vessel is under quarantine, any
such officer seamen or passengers shall have
or hold any intercourse or communication
with any slave or slaves, or person or persons
of Color, without the authority aforesaid,
he, she or they shall be indicted for a mis
demeanor, and on conviction, shall he im
prisoned as herein provided by the first sec
tion.
And be it further enacted, That after any
vessel as hereinbefore described shall U’e
discharged from quarantine, and beforesail
ing from any port of this Slate, it shall he
tt.e duty ot the Captain or commander
thereof, to give twenty-four hours previous
noHce of such departure, to the Mayor or
the highest municipal officer of the spaport,
city, town or hamlet, from which such ves
sel is about to sail, who shall be anil is here
by authorized to make a search of such ves
sel, and on failure to-eive such notide. such
Captain or’commander shill be guilty of a
rr.-.sdymeanoV, and f>n conviction, fined atth c
of the CdUfL
After much discussion, the vote was taken
on the passage of the same, and the veaS
weie 143, nays 44, as follows:
Yea* —Anderson, Arnett, Arnold,. Bill
lari, Becher. Berrien of Burke, Berrien of
Jefferson. Reihea, Boyd, Burkes, Burt,
Blount, Calhoun, Campbell, Cawon, Cas
sels. Chlandler, Chester, Clark, Cleveland,
Cobb of Dooly, Collier of Baker, Collier of
Pulaski, Craft, Crawford. Darden ofTroup
Darden of Warren, Daniel of Greene, Dait]
DeLaperriere, Dennard, Dixonjtf Talbot]
Dunn, Evans. Farnal'. Flournoy, Foard]
Frierson, Gartrell, Ghent, Glascock,Goode]
Graham. Gray. Greene of Macon, Greer*
Guerry. Hag. rman. Hall. Haralson, Har
dage, Harris. Hendon. Hilliard, Holcombe,
Hubbard. Hudson, Hunter of Cherokee*
Ingrain, Jenkins, Jester. Johnson of Ap
pling, Johnson of Heard, Jones of Elbert
Jones of Gilmer, Kenan, King ofWilkinson*
Knox, Lary, Lawrence, Ledbetter, Liddell
Linder. Livingston, Long, Lynch, Malone]
Mann, Martin. Mayes of Cobb, McArthur
McCloud, McDowell, McDuffie, McMath]
Meadows, Millen, Moore, Mnlkey, Neal of
Franklin, Neal of Pike, Newsorti,| O’Neal of
Mclntosh, O’Neal of Monroe, Palmer,
Parker, Perry. Philips, Pratt, Prescott]
Reese. Revell, Reynolds, Richardson, Rilev
Rives, Robinson of Jasper, RobirSon of Lau
rens, Scott, Sermans, Seward, Sikes, Spen
cer, Stell of Stewart, Stephens, jtone,
Stroud of Clark, Tarver, Taylor, Thomas,
Toombs, Turner, WaPace, Ward, Ware,
Warren Waters, Weiiman. West, What
ley, Whitfield of Pulaski. Whitfield of Put
nam, White, Whigtnati, Wilcber, Willing
ham. Wilson, Wingfield, Woolley, Wyatt.
N^ys—Barclay, Rennet, Berry, Bulloch]
Bryan ol Wayne, Bryant of Walton, Bryson,
Camp of Campbell, Camp of Franklin]
Cannon, Carlton, Chappell, Chastain, Cobb
of Carroll, Coker, Cone, Darden of Butt*.
Daniel ot Twiggs, Denmark. Ellis, Erwin]
Green of Forsyth, Hamilton, Hancock,
Hand, Harrison, Hunter of Crawford, Mays
ofCass, McKinnon, IVleMullnti, Murphy,
Pittman, Rivers, Robeits, Robinson f Fay
ette, Rudd, Sanford, Sliropshir, Smith of
Randolph, Smith of Walker. Statliam.
Stell of Gwinnett, Stroud of Walton, Sum
ner, Tanner.
“UNION DEMOCRATIC REPUBLI
CAN” MEETING.
An adjourned meeting of the “Union
Democratic Republican” Party, was held
in the Hall of the House of Representatives
on Thursday evening lasi, for the purpose
nominating a Congressional, and an electo
ral ticket. We were present, and such ,1
scene!!! But for (acts..
General Sanford in the chair.
On motion of Mr. Sturgis, Mr Frank
lin of Warren, was appointed Secretary, and
Mr Sanford ol Monroe, asMstaut Secrela
ry.
A resolution was then offered by Maj.
General Cone, for w icli a substitute was
offered by Mr. \\ hitlieldof Pulaski, the n
moutjt of which was, that the members of.
the legislature of that party present, aid
the citizens of counlies not represented in
the Legislature who might be present, pro
vided they did not exceed the number of
representatives t.o which such coni.ties wens
entitled in the legislature, should proceed 10
ballot, first for a Congressional, and second
for an Electoral ticket. To this motion,
Mr. Secretary Sanford demurred! and offer
ed a resolution as a substitute for the w lode,
calling a convention of the party to assem
ble at Mi'ledoeville on the first Monday in
May, for that purpose. Mr. Sapford sup
ported his motion, in a lengthy argument,
showing most conclusively tt»ar his “Dem
ocratic” brethren were acting without au
thority, and prophecyiug that a mortifying
defeat ol the Congressional ticket that would
be nominated, would certainly toliow tiie no
tion ot that body. I'tie confusion, nay dis
traction, that prevailed at this stage of the
proceedings is indiscribalde. One half of
the body were upon the floor, ami it was ,1
long time ere ordercould be restored. There
was evidently a disposition manifested on the
part of a large number of these self constitu
ted delegates not to proceed with the nomi
nation. whilst a majmity were determined to
force them into measures. But this was
not all. another preliminary wHwto be settled
ere thrvote could be taken on the resolution
of Mr. Sanford, and it consisted in the que
ry propounded once and again to the chair
man by Mr. Tracv of Bibb. “Sir, Mr.
chairman, I should like to know wim are
entitled to vole upon tills mailer?” “Who
ther, sir, is it to be voted upon bv the com
munity in general, or the members of the
Union Party in the Legislature?” The
“hubbub" ilia* ensued, wastruly laughable-
The members of the Legislature eonteiidiuw
that they were alone entitled to vote, whilst
those out of flic Legislature claimed the
same privilege ; and the strong argument
by which the latter sustained themselves
was that their votes would he wanted at the
polls to elect the nominated ticket, Mr.
Sturgis, however, very modestly contended
that it was the exclusive privilege of the
members of ihe Legislature only, to make
the nominations, unless they gave invitation
to others to join in with them. This mat
ter being settled by .1” being allowed a vote,
the question again arose as to the policy or
propriety of nominating. Gen. Echols af
fectionately remonstrated with Mr/ Stmforil
upon the propriety of introducing his resol
ution, and humbly solicited its withdrawal.
Like a dutiful child, he did s', but it was
immediately renewed hy another of the hoil
dy. Here ihenjnppearcd, * the lion of the
night," General Glascock, who vehemently
urged the party to put an end to the matter
at once by taking the vote npon the resolu
tion before them, to act harmoniously
throughout, and ret disgrace themselves
by such iiproarous conduct. He succees
ded in his appeal, the resolution was voted
down, and in spite of the admonitions anil
warning of Mr. Gray of Jones, and others,
they proceeded to ballot for candidates lor
Congress. Never have we witnessed so un
ruly a body in caucus before. It was a per
fect farce throughout, and if it had been
witnessed bv the whole people of Georgia
condemnation, by an overwhelming majori
ty‘oft heir votes. would be the certain re
sult. As it is. there were ears and eyes en
ough present, to reveal to the people the
proceedings of this burlesque upon the term
Convention.
Georgia Journal.
Mr. Pickens, one of the Administration
candidates for the Speakers cluiir made
the following remarks in Congress.
“I thought it due to the country, to one
own dignity, and to a sovereign State of the
Union, that the certificates of her constitu
ted authorities should be received as jrriina-
Jacie evidence; and I regret that a triumph
ant party, flushed with its recent victories ot
different sections of the Union, should have
taken a different course. They have thought
proper to rake a course different from the
one 1 approved of, and we are now involved
in difficulties very little creditable to an
American Congress.