is rescued from the custody of the
law, when his owner has consented to accept payment for him. The legal
right of the owner in the slave is satisfied by such payment; the
money takes the place of the slave. But if this were not so, we ought
not to encumber the Constitution with such provisions. Congress will
undoubtedly make the proper provision both for the protection of the
slave and his master. Congress will not permit payment to be made for
a slave, and then suffer him to go back to bondage. This would be both
unlawful and unjust. I can see no necessity for adopting the
amendment.
Mr. ORTH:--I understand there is some difference of opinion between
members of the Conference as to the effect of the phraseology of my
amendment. I will change that phraseology, and make the amendment read
as follows:
"And such fugitive, after the master has been paid therefor,
shall be discharged from such service."
Mr. MOREHEAD, of Kentucky:--I am opposed to this amendment upon every
ground. I would rather see some direct scheme of emancipation adopted
and inserted in the Constitution. Adopt this amendment, and the result
is inevitable. It would amount to emancipation upon the largest
possible scale. Our slaves would escape, you would rescue and pay for
them, and that would be the end of them. Why not leave it to Congress
to pass the necessary laws upon this subject? The adoption of this
amendment would destroy all hope that our labors would be acceptable
to the South. I say again, we had better establish emancipation at
once.
Mr. DENT:--If this amendment is to be adopted, I hope we shall at the
same time reconsider the vote by which we rejected the amendment of
the gentleman from North Carolina, requiring the payment by the
county, city, or town wherein the slave is rescued from the custody of
the law. This provision would make the General Government pay for the
crimes of a few citizens in one section. In that case the General
Government ought to own the negro. It has paid for him, and the
property in him ought to be transferred.
Mr. WILMOT:--There is nothing in this. We do not wish to have the
Government own the negro. It is bad enough to have individuals own
slaves. We do not propose to turn the Government into an extensive
slave owner.
But let me ask the gentleman seriously, who is to own the negro, in
such a case, after he has been paid for? Certainly not the former
owner, because his right is gone. This
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