The North Star, 1850-02-22, vol. 03 iss. 09 no. 113

              VOL, III. NO. 9.
EOCHESTEE, N. Y., FBLDAY, FEBRUARY 22, 1850.
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LIST OF AGENTS.
Massachusetts.—R.* . Wallcut, 21,Cornhill,
Boston; Nathan Johnson, New Bedford; Horatio
VV. Foster, Lowell; James N. Butfum, Lynn;
Bourne Spooner, Plymouth.
Connecticut.—Jona. Leonard, New Hay en.
New York.—Sydney H. Gay, 142, Nassau
Street; James M'Cune Smith, 93, West Broadway; Joseph Post, VVestbury, Queen County; Mary Harper, Albany, Eltas Doty, Macedon; VVil-
letts lveese, Peru, Clinton County; J. F. Piatt,
Perm Yan;  J. Jeffrey, Geneva;  E. L. Piatt, Bath.
Rhode Island.—Amarancy Paine,Providence.
Pennsylvania.— J. M. M'Kim, 31, North
Fifth Street, Philadelphia; Joseph C. Bus till, 140,
So. Sixth Street, Do.; B. Bown, Pittsburgh ; Win,
'.Vhipper, Columbia; Milo A. Townsend, New
Brighton.
Ohio.—J. J. Gaines, Cincinnati; Valentine
Nicholson, Harveysburgh, Warren County; Samuel
Brooke, Salem.
Michigan.—Robert Banks, Detroit.
G \ n » ti *.—John James Carey, Toronto.
©elections.
ARGUMENT
Of Charles Sumner, Esq., against t/ie Constitutionality of Separate Colored Schools,
i)l the case of Sarah C. Roberts vs. The
City of Boston. Before the Supreme Court
„f* Mass., Dec. 4, 1849..
[OONTINTED.J
Still further—and here I approach a
more technical view of, the subject—
it is an admitted principle, that the regulations and bye-laws of municipal
corporations must be reasonable, or
they are inoperative and void. This
has been recognized by this court in
Commonwealth vs. Worcester, (4 Pick,
R. 462,) and in Vardine's Case (6
Pick. 187.) And in the City of Boston
vs. Jesse Shaw, (1 Met. 130,) it was
decided that a bye-law of the city of
Boston, prescribing a particular form
of contribution towards the expenses of
making the common sewers, was void
for inequality and unreasonableness.
Assuming that this principle is applicable to the School Committee, their
regulations and by-laws must be reasonable. Their discretion must be exercised in a reasonable manner. And
this is not what the Committee or any
otiier body of men, may think reasonable, but what shall be reasonable in
the eye of the law. It must be legally
reasonable, It must be approved by
the reason of the law.
And here we are brought once more,
in another form, to the question of the
validity of the discrimination on account of color, by the School Committee of Boston. Is this legally reasonable? Is it reasonable, in the exercise
of their discre ion, to separate the descendants of the African race from the
white children, in consequence of their
descent merely? Passing over, now,
those principles of the Constitution,
and those provisions of the law, which
.of themselves would decide the question constituting as they do the highest
reason, but which have been already
amply considered, look for a moment
at the Educational system of Massachusetts, and it will be seen that practically no discrimination of color is
made by law in any part of it. A descendant of the African race may be
Governor of the Commonwealth, and
as such, with the advice and consent of
tht; Council, may select the Board of
Education. As Lieutenant Governor,
he may be, ex officio, a member of the
Board. He may be the Secretary of
the Board, with the duty imposed on
him by law, of seeing that all children
in this Commonwealth, who depend upon common schools for instruction, may
have the best education which those
schools can be made to impart. He
may be a member of any School Committee, or a teacher in any public
.school of the State. As a legal voter,
he can vote in the selection of any
School Committee.
Thus, in every department connected withour Public Schools, throughout
the whole hierarchy of their government, from the very head of the system down to the humblest usher in the
humblest primary school, and to the
humblest voter, there is no distinction
of color known to the law. It is when
we reach the last stage of all, the
children themselves, that the beautiful
character of the system is changed to
the deformity of Caste; as, in the picture of the ancient poet, what was a
lovely woman above, terminated in a
vile, unsightly fish below. And all
Shis' is done by the Committee, with
snore than necromantic power, in the
exercise of their mere discretion.
It is clear that the Committee may
classify scholars, according to their
acre and sex; for the obvious reasons
•that these distinctions are inoffensive,
and especially recognized as legal in
the law relating to schools. (Revised
Statutes, c. 23, § 63,) They may also
classify scholars according to their
moral and intellectual qualifications,
because such a power is necessary to
the government of schools. But the
Committee cannot assume, a priori,
and without individual examination,
that an entire race possess certain
moral or intellectual qualities, which
shall render it proper to place them all
in a class by themselves. Such an exercise of the discretion with which the
Committee are intrusted, must be unreasonable, and therefore illegal.
But it is said that the Committee, in
thus classifying the children, have not
violated any principle of Equality, inasmuch as they have provided a school
with competent instructors for the colored children, where they have equal
advantages of instruction with those
enjoyed by the white children. It is
said that in excluding the colored children from the Public Schools open to
white children, they furnish them an
equivalent. To this there are several
answers. I shall touch upon them only
briefly, as the discussion, through
which we have now travelled, substantially covers the whole ground.
1st. The separate school for colored
children is not one of the schools established by the law relating to Public
Schools. (Revised Statutes, chap. 23.)
It is not a Public School. As such, it
has no legal existence, and therefore
cannot be a legal equivalent. In addition to what has already been said,
bearing on this head, I will call the attention to one other aspect of it. We
have already seen that it has been decided, that a town can execute its
power to form a School District, only
by a geographical division of its territory—that there cannot be, what the
Court have called a personal limitation
of the District, and that certain individuals cannot be selected and set ©fl* by
themselves into a District. (Perry vs.
Dover, 12 Pick. 213.) The admitted
effect of these decisions is to render a
separate school for colored children
illegal and impossible in towns that,
have been divided into Districts. They
are so regarded in Salem, Nantucket,
New Bedford, and in other towns of
this Commonwealth. The careful opinion of a member of this Court, who is
not sitting in this case, given while at
the bar, (Hon. Richard Fletcher,) and
extensively published, has been considered as practically settling this point.
But there cannot be one law for the
country and one for Boston. It is true
that Boston is not divided strictly into
geographical districts. In this respect
its position is anomalous. But if separate colored schools are illegal and
impossible in the country, they must be
illegal and impossible in Boston. It is
absurd to suppose that this city, by
failing to establish school districts, and
by regarding all its territory as a single
district, should be able legally to establish a Caste school,.which it otherwise
could not do. Boston cannot do indirectly what the other towns cannot do
directly.
This is the first answer to the suggestion of equivalents.
2d. The second is, that in point of
fact, it is not an equivalent. We have
already seen that it is the occasion of
inconveniences to the colored children
and their parents, to which they would
not be exposed,if they had access to the
nearest public schools, besides inflicting upon them the stigma of Caste.
Still further, and this consideration
cannot be neglected, the matters taught
in the two schools may be precisely
the same; but a school, exclusively
devoted to one class, must differ essentially, in its spirit and character, from
that public school known to the law,
where all classes meet together in
equality. It is a mockery to call it an
equivatent.
3d. But there is yet another answer.
Admitting that it is an equivalent, still
the colored children cannot be compelled  to  take   it.     Their rights are
and establish one school for Unitarians,
another for Presbyterians, another for
Baptists, and another for Methodists.
They may establish a separate school
for the rich, that the delicate taste of
this favored class may not be offended
by the humble garments of the poor.
They may exclude the chjldjren of mechanics from the Public Schools, and
send them to separate schools by themselves. All this, and much more, can
be done by the exercise of the highhanded power which can make a die
crimination on account of color or
race. The grand fabric of our Public
Schools, the pride of Massachusetts,
where, at the feet of the teacher, innocent childhood should meet, unconscious of all distinctions of birth—where
the Equality of the Constitution and of
Christianity should be inculcated by
constant precept and example—may be
converted into a heathen system of
proscription and Caste. We may then
have many different schools, the representatives of as many different classes,
opinions and prejudices; but we shall
look in vain for the true Public School
of Massachusetts. Let. it not be said
that there is little danger that any Committee will exercise their discretion to
this extent. They must not be entrusted with the power. In this is the enly
safety worthy of a free people.
TO BE CONTINUED.
From the Eighteenth Annual Report, of the Massachusetts Anti-Slavery Society.
OUR AIM.
The lapse of Time and the progress
of Events have but served to confirm!
our deliberate and often recorded opinion that the only Exodus for the Slave
from his bondage, the only redemption
of ourselves from our guilty participation in it, lies over the ruins of the
American State and the American
Church. Both the one and the other,
.as this Report, however imperfectly
and feebly, has abundantly proved,
arc in league with the Oppressor and
batten on the crushed bodies and mangled souls of the Oppressed. The
corner-stone dPlhe American Church,
as well as of the American State, is the
Slavery of the African race. We protest against both. We call upon all
men who love God and regard Man to
come out of both and to unite in building a holier Temple for the worship of
the True God, a more sacred Capitoi
for the service of a better Commonweal, than those structures which rest
on the hearts and are cemented' with
the blood of Three^Million Slaves. We
are convinced more and more by the
experience of every day, that this
course is not only the Absolute Right,
but that it is the Highest Expediency.
We know that we have never so shaken the Church, we have never extorted
from her so large a share of the decent
homage of hypocrisy, or compelled her
to assume the mask of Anti-Slavery so
eagerly, as since we have shaken off
the dust of our feet as a testimony
against her and left her to be joined to
her idols. We know that we have
never made our voice reach to the uttermost part of the Union so clearly,
our opinions and practices have never
been so distinctly repeated and proclaimed by the universal press, by the
Legislatures and by the Congress of
the United States, or our Philosophy
and Method been so well understood by
the General Mind of the Country, as
since we have adopted the principle of
"NO UNION WITH SLAVEHOLDERS."
The work which the American Abolitionists have undertaken is no light
one, They aim at nothing less than a
Reformation of the Religion and a
Revolution in the Government of the
Country. They seek to rescue Christianity from the shame, and Republicanism from the infamy, which Slavery has justly brought upon them both.
They aspire to assist in the building up
of a Church and of a State such as the
Martyrs of Religion and Freedom in
all past time foresaw,  when  they joy
Equality before the law; nor can they I fu]ly yieWed themselved to  the  Stak
be called upon to renounce one jot of
this. They have an equal right with
white children to the general public
schools, A separate school, though
well endowed, would not secure to
them that precise Equality which they
would enjoy in the general public.
The Jews in Rome are confined to a
particular district, called the Ghetto.
In Frankfort they are condemned to a
separate quarter, known as the Jewish
quarter. It is possible that the accommodations allotted to them are as good
as they would be able to occupy, if left
free to choose throughout Rome and
Frankfort; but this compulsory segregation from the mass of citizens is of
itself an inequality which we condemn
with our whole souls. It is a vestige
of ancient intolerance directed against
a despised people. It is of the same
character with the separate schools in
Boston,
Thus much for the doctrine of equivalents, as a substitute for equality.
In determining that the Committee
have no power to make a discrimination of color or race, we are strengthened by yet another consideration. I
the power exists in any case, it musf
exist in many others. It cannot be restrained to this alone. The Committee
may distribute all the children into
classes—merely according to their discretion. They may establish a separate school for the Irish or Germans,
where each may nurse an exclusive
spirit of nationality alien to our institutions. They may separate Catholics
from Protestants, or, pursuing their
discretion still further, they may separate the different  sects  of Protestants,
or to the Block
yearning   Ages
These hopes of the
have been hitherto
mournfully defeated. The experiment
of a Great Nation with popular Institutions, on these Western shores, has
signally failed. We are not the Model,
but the Warning of the Nations. And
this, owing to the disturbing element of
Slavery which our Fathers introduced
and we suffer to exist in our National
Economy. We see plainly that the
elimination of this abhorred ingredient
must precede any successful attempt
to erect a true Republic, enduring and
flourishing under the auspices of a
pure Religion, To do this is the appointed and the chosen work of the
Abolitionists. In the presence of such
a Puupose, the Sectarian strifes, the
Partizan struggles, the Social competitions of the hour dwindle and disappear. Ours i& the only Movement of
this Age and Country that wiii impress
itself indelibly on the destines of all
coming Time", While the ephemeral
objects which agitate the (contemporary mind must soon pass away and be
forgotten, the change which we seek
to achieve will influence the condition
of millions as long as the Earth shall
endure. For such an End we may well
forego the temptations of a vulgar ambition and cheerfully dedicate to its
Accomplishment the best powers of our
miuds, and the best years of our lives.
For the blessing of our labors will
never cease from off the Earth, and
their Memory will endure forever!
It has been decided in New Orleans
that a colored man is competent to testify in a court.
THIRTY-FIRST CONGRESS.
Washingtoo Feb.ll.
Senate.—The Vice President stated
the business before the Senate to
the motion to receive a petition o'
zens of Delaware and Maryland, asking a peaceable dissolution of the Union. Mr Chase having the floor, addressed the Senate in support of the
petition. He cited a case wherein a
suniliar petition had been frequently
quoted in discussion. He believed that
the Senate were bound to receive every
petition no matter of what character,
and if it exhibited a mistaken view of
the powers of Congress, .or the expediency of the measure prayed for, Congress should express its disapprobation
by subsequent action. The right of
petition was a great and sacred one, to
be demanded, and, not a poor one to
be begged for.—He had no objection
to whatever action the Senate might
deem proper to give to this and similiar
petitions. He only asked that all he
received and treated alike.
Mr. Dayton said that the right of petition was well settled. It was the remedy which a citizen or subject had toward the sovereign, and he had yet
to learn that it extended to the destruction of the sovereign. It was limited
always to the redress of grievances.
He was opposed to the reception oi
this petition, and would vote against it
because it asked the destruction of the
sovereign—the dissolution of the Union—the violation of the Constitution
by those who had sworn to support it.
It asked what the Senate had neither
the right nor the power to do, and was
not respectful to the body to whom it
was addressed.
He agreed with all that Mr. Dale
had said the other day, relative to the
petition from North Carolina presented
by Mr, Mangum; there were wrongs,
as have been said on bo'h sides, and
he waa prepared, and her; after always
should vote against recei/tng these agitating petitions, no matter where 'hey
come from.
Mr. Cass honored the right of petition as much as any man, but he did
not reckon it so high as the Senator
from Ohio. The people, thank Grod,
had a much more effectual remedy in
their hands than the right of petition —
they had the right of action. The ballot box was worth a thousand rights of
petition, and could be exercised by all
the people. Was it to be contended
that Congress had no discretion as to
the reception of petitions? Would they
consider themselves bound to receive a
petition asking Congress to pass an act
declaring that there was no God?
Surely not. The Constitution secured
the right to the people of petitioning
for the redress of grievances—would
any man contend this was such a petition? There was no comparison between this petition and that presented
by Mr. Mangum.
He alluded to the blessings with
which a kind Providence had' crowned
our country, and said that the root of
all our evil waa to be found in our failure to appreciate and render to the
Creator the meed of gratitudej for all
that we have received. • Dissolution
was but another name for War—and
yet, here were the descendents ofPenn
asking thatitbe granted. If the petition
was to be granted, our borders, where-
ever they may be, would be the scene
of one of the bloodiest Wars the world
ever saw—and for what? What was
to be gained by it? Who were to reap
anything but the bitterest fruits?
Mr. Webster regretted that this petition had been presented, and he would
be surprized if it received any votes in
the Senate. Lest any one shonld, by
his vote, imply that Congress had any
power over the subject, he thought that
the petition, to be consistent with itself,
ought to have been preceded by a preamble somewhat as follows:
"Gentlemen, Members of Cougress:
Whereas, at the commencement of the
present session, you and each of you,
took a solemn oath upon ;he Holy E-
vangelists of Almighty God, that you
would support the Constitution and the
Government; now, therefore, we ask
you to take immediate steps to break
up the Union, and destroy the Constitution as soon as you can."
Mr. Hale was glad that Mr. Cass
had obtained new Sight, since he voted
the other day against receiving a petition from Pensylyania,asking no action
by Congress, but simply requesting
Congress, in view of contemplated action upon the subject of slavery, on the
admission of new states, not to admit
such states into the Union. The Senator had declared that North Carolina
was right in remonstrating against the
contemplated action by Congress, that
was all the petition which Mr. Cass
had voted against,
Mr. Cass replied that "the petition in
question contemplated adverse action
by Congress, in case of the application
by a new state for admission without a
restriction upon the^question of slavery.
Mr. Hale said the petition intimated
no such sentiments.
Mr. Wales stated that he had examined the petition and recognized the
name of no one of its signers as a citizen of Delaware.
Mr. Cooper eloquently addressed the
Senate adverse to the petition, and
in support of the Union, alluding to the
evils which must follow its dissolution,
and declaring that he would vote against
all petitions from either north or south,
looking in the remotest degree to so
disastrous an event.
Mr. Clemens declf red that the South
had never b'jen guilty of aggressing—
the North alone was responsible for the
danger which menaced the Union—
there are no dissolutionists in the South
—not a man who would dare rise and
avow the treasonable sentiment.
Mr. Chase said the question of reception had not been met. Mr. Cass
and others had passed over the real
question, and stated the reasons for
which they would not grant the prayer of the petition.—They mistook their
own position. He contended that the
reception of the petition was no test as
to the principle involved in the petition.
Mr. Seward wished the Senate and
the country distinctly to understand
that the question was not upon the
propriety of dissolving the Union, or
the power of Congress to dissolve it,
but simply whether the petition should
be received, and referred to a commit
tee, with instructions to report that the
Senate had neither the power nor the
disposition to entertain the question.
With thia view he would vote to receive the petition, which he had denounced as emanating from madmen—
that he had never seen and never expected to see, the petition which he
would not recieve. It was no apology
with him for refusing to receive the
prayer of his fellow-being, that he had
no power to grant it.
Petitions from madmen were at least
harmless, and the easiest way to get
rid of them was to recieve them, and
dispose of them as they deserved. No
other petitions for a dissolution of the
Union would ever be sent here, if the
present one should be received and the
rebuke administered to it which was in
the heart and mouth of every man in
the Chamber. The Senate were not
above giving reasons even against a
dissolution of the Union—George
Washington had not been above it,
and why should the   Senate?
The question being taken, the motion to receive the petition was negatived yeas 3 nays 50—Messrs. Hale,
Chase and Seward voting in the affirmative.
The Senate proceeded to the consideration of the order of the day.
Mr. Berrien arose and addressed the
Senate on the subject of Slavery, expressed his views of the magnitude and
difficulties of the subject, and consequent conviction of the crisis which
now B*ti©ts in the affairs of the country.
The people o£ the South had at last
been awakened to a sense of their danger; and a feeling has been awakened
which could no longer be trifled with.
He uttered no menaces, and trusted
the North would heed the voice of
calm, dispassionate warning which he
now raised. The country had passed
through many cftses, but none so
fraught with danger as the present;
and, unless better counsels prevail than
hitherto, the direct consequences will
ensue.
He trusted that a better feeling would
prevail. This hope amounted almost
to conviction, that the storm would lull,
and peace and happiness would again
be diffused throughout all our borders.
After paying a most beautiful tribute to
Mr.*Clay, wishing that he might long
live to participate in the blessing of unity and peace, and that when he should
be called to leave off the frail garment which he has so gracefully worn,
his closing eyes might rest on a free,
united, and happy republic—
Mr. Berrien proceeded with an argument upon the immediate question of
legislation, for the territories, and
against the establishment of a principle which should forbid, in all future
time, the flag of the Uuion to float over
any State tor territory where slavery
may exist, except in those States where
that institution now exists. The South
called upon Congress not to legislate
upon the question of slavery. They
had not asked legislative aid; it was
legislative interference which they deprecated. They called upon Congress
to exercise whatever power it had, to
organize governments for the Territories, and abstain from any action upou
'.lie domestic institution of slavery.—•
They called upon Congress to leave
the slavery question to the great Constitutional arbiter between the twosec-r
tions, That was all the South asked.
What then, he would appeal to the
Senator from Kentucky, (Mr. Clay)
what had the South to yield? What
was it that they had to yield? Was it
their constitutional right to invoke the
decicion of the highest tribunal in .the
Union, that they were called upon to
give up? Surely such a demand could
never be entertained. He then proceeded to examine more specifically
the question of the power of Congress
to take any action upon the question
of slavery in the new territories, arguing against the existence of any such
power.
At three o'clock, Mr. Berrien gave
way to a motion that the further consideration of the subject be postponed
until to-morrow, which was agreed to.
Mr. King submitted a resolution calling upon the Secetary of State for any
papers in his department relative to
the conduct of Captain David Cook,
of the British bark Sarah, in rescuing
the passengers, officers and crew of
the Caleb Grimshavv, which was a-
doptecl.
After the transaction of additional
routine business, and an Executive session the Senate adjourned,
HOUSE OF REPRESENTATIVES.
A motion was pending from last
week to lay on the table a petition presented by Mr. Croswell, from citizens
of Ohio, asking Congress to adopt
measures for the settlement of international difficulties by Arbitration, and a
Congress of Nations,
The question wus taken, and decided
in the negative—yeas 65, nays 100.
Mr. Thompson of Miss, desiring to
debate the petition, the question goes
over.
The House then went into Committee
of the Whole on the state of the Union,
on resolution relative to collection ol
customs.
The amendments were considered.
Mr. Winthrop of Mass. took occasion to present a memorial from 100
importing merchants of Boston, without
distinction of party, remonstrating
against the Treasury Circular, and
requesting that the expenses of weighing, guaging and measuring be paid by
that class, and expressing regret thai
the revenue cutters have been called
out of service. He beiievedthat not
less than twenty millions of imports
were received at Boston, on which a
duty of $5,000,000 was paid.—The
Secretary issued the circular only on
compulsion, and would relieve the
merchants whenever he had an opportunity.
Mr. Vinton, of Ohio, offered an
amendment to the resolution of the
Senate, the same as that offered and
adopted as a substitute by the Committee of Ways and Means on Friday,
excluding the expenses of collecting
revenue in California and Oregon from
the appropriation proposed, suspending
laws limiting compensation to officers
and expenses there until further action
of Copgress.
After five minutes' remarks made in
explanation on one side contending
that appropriations for California and
Oregon should be specific, and that the
amendment did not allow one cent
more than was asked by the Secretary
of the Treasury, Mr. Vinton's amendment was lost by a tie vote.
Various amendments were offered,
and remarks predicated on them.
Mr. Thurston had conversed with
the Representatives from California,
and they took the broadest ground
against giving the least discretion to
the Secretary on that section. He was
told that the Collector at San Francisco was giving four dollars a day more
to assistance than was allowed at the
North, and that Congress will be called
upon to make appropriation for special
services. It is a fact, that the expense
of living in San Francisco was $10 a
day; and unless Congress make adequate provision, how can it be expected
that the necessary officers can be employed? The port of Asteria has long
been without a Collector, and the government was in consequence cheated
out of hundreds and thousands by the
Hudson Bay Company bringing in their
cattle and goods without paying duties.
Whatever course the committee may
adopt, let them not include any portion
of the Pacific coast. He was in favor
of retrenchment, but not such as would
cause the Government to lose in the
collection of duties.
Mr. Green offered a preamble, in
the nature of a censure on the Secretary of the Treasury for spending too
much money, and accused him of not
carrying out the spirit of the act of
March, 1849.
The committee rose and reported the
following as agreed to, in lieu of the
Senate's resolution: "That instead of
the sum appropriated for expenses for
collecting the revenue, in act, 3d
March, 1849, a sum equal to one-half
of that expended in collecting revenue
for the fiscal year, ending June 30,
1818, exclusive of expenses for storage,
cartage, drayage and labor in that
year, be appropriated for the remaining halt of the year, ending June,
1850, together with such sums in addition, as may be received for cartage,
drayage, labor and storage, exclusive
of expenses incurred in California and
Oregon; and provided that all laws
limiting the compensation of officers,
and other expenses shall be suspended
in Califoania and Oregon until further
action of Congress."
Mr. Bayly moved to strike out the
exclusion of California and Oregon.
Motion disagreed by one majority.
The question was taken on agreeing
to amendment in committee of the
whole—99 to 103— party vote.
The queston was now taken on
agreeing to the resolution as it came
from the Senate.
Mr. Preston King moved to reconsider the vote.
The question was ordered—pending
which the House adjourned.
HP
claim their Slaves who shall have fled
to other States; to seize them with or
without warrant; to carrj them before
a United States Court, or before one
of the 4,000 Judges, who is "to hear
and determine the case of such claimants in a summary manner." In no
trial or hearing shall the testimony of
such alleged fugitive be admited in evidence. Affidavits of claimants, duly
attested, shall entitle them to carry off
their alleged Slaves, using all necessary force and restraint. Juries of the
neighborhood, there are to be none.
^4 Orders any one obstructing the
seizure of all alleged "fugitives" from
slavery, [who would not run from it?]
or who may harbor or conceal them, to
be fined not over $500, sent to jail for
not more than half a year, and also
compelled to pay $1,000 for civil damages to the slave claimant. The present enormous fees allowed in the ted-
eral Courts arefto be extended to thi
slave-catching business. Each Commissioner, or Slave Judge, is to get a
$10 fee, if he thinks he is justified in
delivering up the slave brought before
him; but only $5 if he fears that there
is not proof enough. Mr. Mason thus
makes it his interest to be content with
as little of proof as  he   possibly can.
The constable or he who may catch
the slave, also gets a $5 fee, and such
other fees are allowed as some one of
the 4,000 new Judges may think fit to
order. The worthy Senator wishes his
bill to go into operation on the 1st of
June next.
I perceive that Messrs. Phcenix and
Underbill supported Giddings's resolutions, embracing the principle involved in Root's,on the same day; and
it is understood that the New-York
Delegation will go firmly and unitedy
with the country on the great question
of Free Territory.
MASON'S FUGITIVE SLAVE BILL.
Enclosed you have an office copy of
Senator Mason's intended amendments
to the Judiciary Committee's Bill for
catching slaves while they are removing from the Slave States without permission of their masters, to avoid
Eternal Servitude.
Mr.Mason,who is a high-minded Virginian,would authorise each of the 40
U.S.District Judges(in his District) to
create three commissioners in each
County, to determine complaints and
authorize claimants to carry back the
slaves claimed. In short, he would
provide nearly 4,000 additional judges
of slave cases, besides a large batch
in the Territories.
§j 2 Commands United States Sheriffs (Marshals) and their deputies to
obey the 4,000 Judges, to execute
their process,and to summon the aid of
the neighbors to help to catch and
keep the escaping Slaves, or the whole
force of the County if wanted; all good
citizens being also commanded to assist.
§ 3 Permits Slave-proprietors or
their  agents to  chase, catch, and  re-
Affrican Colonization.-There are
two aspects under which the Colonization cause may be regarded—first, aa
an opiate for slaveholders' consciences,
by confirming the prejudice that black
and white men cannot live under the
same government in a state of legal
equality—that general Emancipation
can only be safely attempted on condition of the total expatriation of the
black race from this country. That
sort or phase of Colonization we decidedly object to. But the Colonization from choice of a great number of
our emancipated blacks on the soil
from which their forefathers were torn
by the man-stealer, with a view to the
introduction of Christianity and the
Useful Arts there, and the closing of
the entire cost of Africa against the
ravages of the slave-trade—thai aspect
of Colonization we heartily concur and
delight in. The following resolutions
just adopted by the Legislature of Indiana savor of.the right spirit:
A Joint Resolution in relation to the
Slave Trade.
WJiereas, The policy of suppressing
the "African Slave Trade"' by an
armed blockade has, upon the whole,
praved an entire failure, said trade being as vigoroua now as it was before the
blockade was attempted; And, whereas, it is likely that England will soon
make overtures to our General Government demanding a release from all
treaty stipulation whereby she is obliged to keep her expensive fleet on
the African coast, for the suppression
of the Slave trade; And, whereas, both
the Government of the United States
and England are convinced that some
other plan must be adopted to check
that traffic; And whereas the settlement of the African coast with colonies
of civilized colored men is the cheapest
and best plan of suppressing said
traffic, being likewise calculated to
further the work of colonizing our
people of color, which plan of suppressing the tade is true American policy;
Therefore,
Be it Resolved by the General Assembly of the State of Indiana, That our
Senator and Representatives in Congress be, and they are hereby requested, in the name of the State of Indiana,
to call for a change of national policy
on the subject of the "African Slave
Trade,"and that they require a settlement of the Coast of Africa with colored
men from the United States, and procure such changes in our relations with
England as will permit us to transport
colored men from this country to Africa, with whom to effect said settlement
GEORGE CARR,
Speaker of the House of Representatives.
JAMES H. LANE, President of the
Senate.
Approved Januaary 16, 1850.
Joseph A. Right.
Things in General.—Haynau at
Home. The following, from a cotem-
porary print, exhibits the progress of
refinement and humanity among the
chivalric, intelligent and highly cultivated citizens of South Carolina, where
it appears that a man is to*be literally
cut to pieces, probably for defending
his own rights. It were better to be
committed even to the tender mercies
of the semibarbarians of Missouri.
"Cowards are cruel," &c:—
Two negroes were convicted lest
week, at Newberry, S C, for an assault and_ battery on two white men
and one sentenced to receive five hundred lashes: the other to be hung on
the first day of March next.
Mr. Clay's Compromise.—Resolutions have been introduced in the Maryland Legislature, endorcing the plan
proposed by Mr. Clay^for disposing of
the Slavery question.