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Advertisements not having the number of insertions marked on them, will be continned until ordered out and charged accordingly. Communications, post paid, will be prompt ly and strictly attended to. IN THE SENATE OF THE UNITED STATES MR. BUTLER'S REPORT. Tie; Committee on the Judiciary, to whom were referred cer tain resolutions of the Legislature of Kentucky, "in ft vor of a passage of a law by Congress to enable citizens of slavehulding States to recover slaves, when escaping into non sleveholding States," have had the same under consideratio'n? and have be stowed upon them that degree of atten tion and deliberation which resolutions of such grave import should at all times demand from the Legislature of the con federacy. The facts and circumstances which occasioned these proceedings are fully set forth in the Repo:t of Corn mtteo, and the action of the govern ment of Kentucky, and are as follows: Resolutions of the Legislature.of Kentucky, in favor of the passage of a law by Con. gres; o entuble citizens .of slaveildi S.tates to recover slaves wcheneseaing An. to tie non slaveh l Stals 'e P0 e ttd 1isut sf a~ ,S 1 Triti ile-and Ca~jj ai relatintif :a rrc' t fi abolition- mob'inthe town of Marshal. State of Michigan. have had the-same un- to der consideration, and submit the- follow- fl ing report: . l ' It appear to the snatisfaction of the coim- 1 mitee, that one, Francis Trotmatna, was j employed as agent ad attorney in fact t for Francis Giltuer, of. the cnputy of Car- f roll, to go to the said town of na l, in f the State of Milchigan. to reclaim, take i and bring back to the State of Kentucky 1 certditt fugitive and runaway slaves, the e property of said Giltner; that T routman a proceeded, under the authority thus given v him, to.said town of Marshal, for the pur- s pose of bringing home to the owner s of the slaves aforesaid, and whilst endeavr oring to arrest said slaves, a mnob, etmpos- h ed of free negroes, runaway slaves and c white men, to the number of from two to three hundred, forbid said Troutman, and I those who accompanied him for that pur- I pose, to arrest and take into their posses- a sion Ithe slaves aforesaid, and by their a threats, riotous and disorderly conduct, did t prevent said Troutmau, and those associa ted with him for that purpose, from taking I into their possession the slaves aforesaid. Your committees regret that the cit[ zeus of the town of Marshall, in the State aforesaid, have thus acted and condncted themselves; and sucha condluct and such outrages committed upon the rights atnd citizens of thec State oif Kentucky, or any I other State of this Union, mrust necessari- I iy result in great mnischtief, and is well cal culated, and mnust, if persisted in by the citizens of Michigan, or any other of the< free States of this Unioni, termmitate mtt breaking up and destroying thme peace and: - harmony that is desirable oy every goodi citizen of all the Staites of this Uanin,< should egist between, the several Stnten,i aed is in violation of the Ilaws of the Uni ted States anda the constitutional riahts ofi ohe citizens of the slave State,. The aili davit of saidi Troutman is appendled to I ghris report and made part hereof, (anarked1 A.) Wherefore, Be it resolved by the General Assenmbly of dhe comnmonwealth of Keniucky, T hat ihe legislature of the State of hlichtigan lie, and is hereby respect fully bitt erart~est ly requested to give the subject thtat conside ration which its importance demands, arid ?0 take such action thecreton as to the pidg ment of said legislature ism deemed proper and right, with a view to mnaitain that peace, amity antd good feeling whlich onght to exist bet'veen the citizens of the States of Michigan and Kentucky, and for thre purpese of enabling thacecitizens of Ken ;ucky to reclaim their runaway andI fugi-. give slaves to the State oif Michigan. Resolved further, That trur Senators and Representatives iu Congress he re quested to turnt their attention ttr the subl ject embraced in te foregating report nttd resolution, and urge uipo n thme conasideration of Congress the importance of passing such laws as will fully enabile te citizents of ihe State of Kentucky, and the oitltet slave States, to reclaim and obtain their slaves that may run awvay tn the free or non plaveholding States of this Unton; thtat they also declare by said laws theo severest penalty for thecir violatiou thant thec consti ..,ion of the ited States nill tolerate. Resolved, That the Governor he requrest ed to forward to the governor of the-State ofllichigan a copy of the foregoing report and resolutions, with a recluest that he submit the same to the legislature of his State, for its consideration and action; that he also forward a copy of the same to each of our Senators and Representatives in Congress. LESLIE COM3S. Speaker of Ithe House ofl jrps, ARCIlI1A LD DIXON, Speaker of the Senate. Approved March 1. 1837. WM. OWSLEY. By the Gover:.or : G. B. KINKEAD, Secretary of State. TItE AFFtDAVIT OF FRlANCIS TROUTMAN. This tfaiit states that, as the agent and attorney of Francis Giltner, of Carroll county, Kentucky, he proceeded to the town of Marshall. in the county of Cal. houn. and State of Michigan. and in com patny with the deputy sheriff and thiee Kentukians, on the morning of the 27th January. vent to a house in which they found six fugitive slaves, the propei-t of Gil:ner. The slaves were directed to ac company us to the office of the magistrate; some of them were preparing to obey the sunttnotns, but before affiant could get them started, ie was surrounded by a mob, which, by its violent threats, menaces, l and assaults, prevented the removal of the t Slaves to the office of the magistrate. Af Rant directed the Sheriff, time after time, o discharge his duty, and he as often rade an effort to do w), but so great was the excitement and violence of the mob, chat the officer was afraid to seize the laves. Resoltions were offered by some >f the most influertial citizens of the town, t vhich were calculated greatly to excite s ttd encourage the negroes and abolition ( ahble, who consti ntel a part of the moh. C The negroes engag.ed. in the mob were c stimiated at from forty to Pfty, many of tho-n are fugitive slaves from Kentucky. s ar9l1tiati was informed and helitves.' The umber of persons engaged.-n the mob e ere -aritsly e4umated a from.t two, to "0 Leeh i.red:kl the resoftti iffet g Ltrtt i htelt t reme the o iioiti ii w icli'i' fxr'eE (INr pcfi s s~ het cotetnt.ad f.>rsome hours it fl' d lob, and till i srtd on aking the slaves P efotre the magt istrate fir trial; but -'tie inl- si rmential men of nit t.h told friintthat e lre was no nrtee of t triot, arn i st any rthteruattempt to remove the slaveswould 11 npard th althiv thela w o inht, make heatle mpth a'id they wee ;etemtinel to trevent afliant from remo v ing the slaves rmn reming the slave from lown. even n rhe prtved his ritht oedo so; they sgated, umer, that public senntent was olipos d tosautherners reclaiming ugpive slaves; end that although the law wasn in our fa -or, yet public s'entiment must and should r, upersee the law in this and similar ca- s es. Aiat then called upon some of the e ost active timembers of the mob to giveI i their names, and inform him if they onsiileredthemselves responsible for their crds and actions on that occasion; they g >rmptly tave their names to aiant, and t e was told to write them in cnpital letters F td bear them back to Kentucky, the land tf slavery, as an evidence of their deer- a nination to persist in the defence of ae kecedence already established. The fde owing resolution was then of ered : Re Itted, That these Kentuckians shall n it emove from this plac se e(naming the laves) by moral, physical or legal force. t wats carri wt geeralacclamation.-- s IOOt Ahe wdirecteda ttheei toenm-ut noniths afenilng dm of te mob toi a-t is nkeeptdting bet peac;h id s, buteit bei rmefue teir alait, anti iant uder ns wod he toaty Ita they aved aist ia a frevetig tv1his arret atf thate slaves >fere tmoh ou~ty sme itaer frwom te nais acttwd, as to~t whethe court reig-t ak/eh thim aelint the a;;earate the e- it :ii asi te ~h nsofred ahefidlnw by e resoluion of then ftertd: Rsovored tratitheos Kemickian sleve thee nttn 10io two hor; c(somte apie ntIn that teyntofaie taitr wake attatped fhima! tat dotes gt recole) wansg suTae ythe ualimeen attet by stheohdest rAi slrane tt trpass was they bssad andai servepn reseitL alays sall be.ra 'te tuwas anlaboltionhis, afintd as|a privat Andvidala were treaed tae-u againstsilent cotttrawing atttistup aser saird egro was makittkan attrin tohre titecro ato had the prve.o rs of-w ed [Seet f j e corsitrtio ed sec.] a " . .: harged in any Sta th with treaso elony or other cim wlo'shallfi r m justice and be fut in anothe t , 'shall, on demandc a the ex -cuti uthoirity of the State fror Oi which he., be. delivered up, to b - remroved -t Sate having jurisdi ' tion of thoecr n." Si chils' o person .hld to iser of vice or alo oneS laws thei ttune~t law th ,oScaping into another shall in co hence of any law or reg ulation the- rbo discharged from suci service or abut shall be deliverer up on clai party to whom suci i service orij may be due." d The latte ansa becomes especiall v important i ; consideration of (hi. 0 subject; wi the first will sht in what poi The States from which fugitive one, had a right to regatd'tfle h, the character of the pers6 jmust -be referred tc the unders nd laws of the State having th' l sight and jurisdiction over him For man " a 11edi ately under rat'n* ad-a self-suf cing effica i l the incidents and advan' ded to it of an ex trajudicial -'p cowmoprac tice of the-tin posingeIntenton and object of'i slave escap. ingState could be pursu e as easily re s -et State frii cape.a tonmibit P ~ ~ e ny rr , i othe 'er ngest eu Sta g is jtirdic .where the shel o ise fugitive, was n disputd,'njmch less impeded by Si. laws or the violenco .of-iurespotsible nofs: The parawmount authority of~th constitution, and its ac tive energy, *ere acknowledged by common cons . It executed its pro visions by the ctive co-operation of State autorii in the fulfilment of what they then econised as a crnsti tutional duty. he duty to "deiccr up" seemed t e regarded as equal to the right of th wners to dentand Sta caling serva. gThe ternd "idiver up," had a pling so pregnant and) obvious, that cannot with all the ob ligations, by mon consent, growing out of its use; alt iupin ted a concededs right, so it 'vasegarded as containing a perfect obligioin. The dictate of good faith foth: in the non slavohold ing States no tosition to evade or de fly its obligati . The fratrs of hde p constitution e then the living and ~ hnnest eou rs or its ttensti and im active operat The jealousy of Ito- b, liticail intere :as then nt stirong- an nough for h *e and uncon~tiSuti'oald legislation. r committee are not in fored hate ws, n de al s nh of tis ov utanyocc.i. i caig rIitive ldistin oilces ipeded of Ct sa for the uroeno efiorcingotsibleiobs. ofThe plaran of n athrt ft consti tutionred and its ac longmm oy con Itntt execute spo viselfonst byte aetier c-prtonecf tateauthoii -te endit fim en ofad-r ewhato ate thentgns a Irs i tuntok d un e duty leiti: "delicc up" seemedt thereared ast equal to goe oing t of nrden hi 'si toescing rvai . he termns"und liver up,"t ha'inni 9,nd a nn or n t nd ybvios, atr sannot with all the ten cligtioiby ton pcrons esgroingft fot oft se; atimr bedn ar tocede aniata so itsearemaecntaiin aIert obligi-on. s itatemet no'I'-( food fth fcitei't in the lveold-t i nd Stte nosito tevd orsui. de rny ietobgti to Theframtiers ofu the consticeution dem ot the Givn and ooneof exroiirs t feissrren n and e i live ofperon . h jeados bof in- of b(ictad inter 15'Va ten notl strong I-a nog or hladunosittiona as lgtion.e committprse, audreltin-% A fred that n wasoi the rny days-.i ii aiin oforta It advived thisationhondehee p at otg o s, ompled .pvrpose of enfocn tiviioo tho oeo olasof s< e sylonsit .st arefmurredi to. Ho< ongress uo tve onindt. Ttxecute tuPre;iantd in aid t ye dread, Pt ed ias bnfoaethCngress hi devbr p) roneosfntesulrit in thncret outies3, i, todshr bintosudrtet n, which was passed without opposition and is as follows: o AN ACT respecting fugitives f om jus lice, and personsescaping from the ser d vice thteir master, Sec- 1 adc-2 nacted, c., That whe, ever th executive authority of any State "i ilite i e-Union, or of either of tl:o Terri e toriec northwest or south of the river Ohio, shall demand any person as a fugiiive from justice, of the executive authority ofany . such State or Territory to which sucI person shall hava fled, and hball, tnoreov. er, produce the copy of 'an indictment found, or an afiiduvii made, before a ma;. istrate of any State or Territory as afore. said, charging the person so demanded I with having committed treason. felony. or any other crime, certified as authentic by the Governor or chief iAlagistrate of the State or Territory from whence the person so charged fled, it shall be the duly of the executive authority of the State or Terri tory to which such person shall have (led, to cause him or her to be arrested and-secut. ed, and notice of the arrest be given to the executive authority making such demand, or to the agent of suth authority appointed to receive the fugitive, and to cause the .fugitive to be delivered to such agent when he shall appea-. But if no such agen: shall appear within six months from the time of the arrest, the prisoner may tgdis. charged.. And all costs or expenses incur red in the apprehending,. securing and transmitting such fugitive the State or Territory making such demand, shall be paid by such State or Territory. Sec. 2. That any agent appointed as aforesaid, who shall receive the fugitive in -to his custody, shall be empowered to transmit him or her to the State or Terri, tory from which he-or she has fled. And if any person or .parsons shall. by force. set at liberty, or eiscled, the egi .1ie from such agent hilp ransporting; ia .afore. at the person.Qrpe is so i lendig' i oma oeitio ifnc0ois ceed ' gv hundr d tS rtos~rod "he t'.prs t1 e d~ i l o t p i sol d egage ce~s -.:=.,.... ;. takeliin or er'be ore any ju< : f t circuit or district Courts of the U. Staten < residing or being within the State,-or be. fore any magistrate of a county, city or t town corporate, wherein such s'izures or arrest shall be made. and upon proof, to the satisfactiontofsuch judge or nagistrate, either by oral testimony or aimdavit taken before and certified by a magistrate of any 9 such State or Territory. that the person so 0 seized or, arrested doth, under the laws of c he State or Territory from which lie or 1t ;he fled, doete service or labor to the person g tlaiming him or her, it shall be the Jutv of much judge or nagisrtrate to give a certii. !ate thereof to such claimant, his agent or ittorney, which shall be suflicent warrant a for removing the said fugitive from labor Pt o the State or Territory from which he or lie is fled. sh Sec. d. That any person who shall eq uowingly and willingly obstruct or bin- or er such claimani, his ascot or attorney, in I so seizing or arresting such fugitive mi 'm labor, or shall rescue such fugitive all 'm such claimant, his agent or attorney. Then so arrested, ~nrtuant to the auhonri- h r herein given or declared ; or shall hIar- sin ur or conceal such person, after intice thi tat he or she wa,; a fugitive fiom ibotr, prt i aforesaid. shall, for either cf the said vi ences, forfeit and pay the sutma of live ter ittdred dllhars. WVhich ounail fyi may be Is covered bry andl for the benefft of such ;aiumant, by the acLtiion uf debt, ini any Ii tort proper' to thle samte; savi'ing. mtore 'ci, to the piersoni claiming such habor or 9 rvice, his right of' action frt, or on ac- Cal un iif uthde sa id inojiries. or eititer of themt. his [A pprovedl, Feb. I->, 179:3 ]coI The chu tsrs oft these, acts are statuto,0 fu the timotes by thi' ecisiwnoa nn ant ous Congross, thiat thIte oiwne:- or htis P"t ('it had a r'ig.ht to a pprehetndl amil cv ize his owni shave wereve'r hecould of id htim, withouint let oir htinderan(ce; atnd, nlo r .State co:;r~s as to the Untite'dre a tes oflice r<, fit' a;s,.uiiance intjW pro.u ig ai crrificu'gt for the remoovatl of aofi 2,itive slave'. Tl-' act wais bttt theC tnfirmaiitiont of pre*vious usag, angd on lptescri bed ani tl ni form ar:id cot nei t mode! oh' deaineit wi'h the subject. tmay well he said tht it institutt'd til w pra ct ice; but ordy inif ireud an td ohl e. "Tin cohmti I htis try of the tintry wtot:hl shorw that at eom 'eriod , tltu very wias reconsda ee ntm i n naltecolonied< anrd, nImt ini allh cant the'm a con vent :inal eor cuutotmarry sli v prevail'ed, wh'lich conferr ed on the dtu 'ncr oh' fieiitive sltve thle tight to re, teti itm htimt wvherove'r lie mnight Ib funnd."' dui 'icr the revolution, th< publiic seti Oft mnt of somer of thte northern States, in sell tich slave b;,bor had become of little soi lue, commnded~iCf undhergoing a change' Cau l'780, Pennsy'lvanoia passed nn act no'g thiegradial abolition of slavery'; and for thie same ycar, 3h~ssachunsetts made C.v ovisions for the prospectivo emanci- tont tion of her' staves. In a fewv years af- be rwartds, the examples wvere followed days' trial which succeeded, were resen in such a manner as this affiant belie% the honor, dignity and independence of Kentuckian demanded. Given under my hand and seal this It February. 18.17. F. TROUTMAN. FRANKLxN COUNTY, sC ; Personally berre the undersigned, justice of the peace for said county, il lay came the above named Francis Trot man, who made nath, in due form of Ian to the truth of the statements as set for in the foregoing alfidavit. Given under my hand this 15th day February, 1847. H. WINGATE, J.P EXECUTIVE DEPARTLIEN T, Frankfurt, Ky.. Dec. 11, 1847, Sir: The last general assembly adop ed the annnexed report and feeolutious i reference to certain proceedings had in meeting of the people of Trimble an Carroll counties in this State, which I no have the honor to forward, agreeably t the directions of the legislature. I have the honor to be, very respectful ly, your obedient servant, WM. OWSLEY, Gover nor. W. D. RE ED), Secretary of State. To the Hon. Jos. R. Underwood. These procceings disclose a state o hings alTcting deep'y the relatidns o be States to each other and to theil ommon Union under the constitution nd the rights and dories ofboth are es entially involvod. What laws may b< nd ought to be adopted by Congress 3r the protection of slave owners, in re laiming their fugitive slaves escaping sto nan slaveholding States, depends pon the provisions of the federal con titutiiti and the laws of Congress made rr their enforcement, as well as up n the laws of the non slaveholding itates, that may in anywise affect or in 3rfere with the remedies whichithe ei sens of the staveliniding States-Tsppos= d were to: be found ir. and weieidffect tetec",:ir , 3151 S most; t y clared' by the^ said'laws the severest nalty fru their violatson that the con itution of the -Uuited States w 11 tol maft'. This plainly expresses a fearful truth :tt the laws now in force are iniade u'te to remedy the *evil; or that the an slaveholding States will not recog iz and enforce them according to the blig.ition which it was intended they ioulud impose on the parties to the fed, tal compact, That compact or'ginated in the inte. tst, and was intended fot the mutual !curtty of itk menbers. It was adopt l by wise and practical statesmen in a tutual spirit of concession, of compro uise and of justice: and the abiding uarantees for its harmony and preser. ation and perpetuity, must be GOOD AITI. When that reases to operate n the confederate States, these guar nties will lose the sustaining breath f their life. They will be appeal. d to in vain, when their is a reluc tnce or aversion to observe and en. trce them. There wans sonic elements f discord. arrising from dissimilarity of Dctional interest, to be adjusted by tose wvho Ira-ned thte compact. But te greatt antd wise mnttf ttpon whom thte 1sk devolvecd did not look upon these lemetnts ats theoretical philosophers, or peculative legislators. Nor did they suf. tr sectional prejutdice,-. mtch less sec ional bigotry, to control their counsels. Ull the udiffLerent parties hatd their pecu iar rights, and it was the object of all a restect an~d seenre'thcnm in subservi. nee to the comnmon desire-utual soe :ttrity-as one poplle involved in :omtmon destiny. The slaveholding States at tat time the stronguest portion, but from obviou: :auses, likely to haive a pccutiar positiori vould not lhave entered into the confed ~racy withmout exprtess recognition o heir instittutins, anid uithiout wvhat thte) ttpposed, sonie prtacticatl guaratity o heir rights to use and enjoy thetm, ca iable of eniftrcemnent. Whtilst they re ~erved to thtemselves the rightt of deter, tining their owvn policy itt tefeerence I< tlavery, they claim the right in the con stitution of prohiibiting Congress fron interfering wvitht them. Nay more, tha Congress should protect thtem agin the interference of others, both agains foreign powers and agtainst the hegisla tion of their confe.derate members. Th latter enteredi into it enstitutional pledg to give to the slaveholding State's th full dominion and contruh over thei shnves escatpittg into their territory, wit express stiputlations to "deliver up" their tmasters or owners, such fugitivi as might effect their escape into a fre territory. The clause of the constitution mot immediately involved in the subjet matter of thtis report is na follows: bAall ornearl ailt Et States.; he sot ohiegce for obiiuscausel, romlN ciina} and local relations, continued to retain : the i nstitution. This state of thingswas calculated, and, in fact, was leading to - angry controversies, and to conficting . and retaliatory legislation, unp'ropitious to the harmony and peace .of~the State TIh compromises ofte co tituti under which we entered into the Um'l arrested his tendency things tarning si guaranties as g onfi -"' len'e and suposed securit slaveholders of t1e south: These ranties and solemn pledge were get ally observed in good faitr until a 3819. A bout that rime; ttii of absolute slavery (it still bei. uvd in a niodified form)'was;K under the acts of previou legs New York. About the's age titt voice of discord was:h-e ' bates on the Missuruvstju as MOi. Jefferson exps '' sound of a fire bell-li roused 'dormant 'el' s o Sectional prejud tion have. assum I well calculate attention-bf pa in the perpetti EIrm the dat tionof the non-s taken the direction' assumed a form wet dermine tha gurai tion, and to putetij Df the slaybholdinj ederacy.'kj~ will be foundb useveralt.n sla iervadeb ourts have nu power or right to ex ise any jurisdictioiv conferred onta e.hs. y an act of Congress, and, risa ' ucece, that. Congress cannot est jtiih. tutu magistrates and-sheriffs and'cirn k rables, power to execute the act ofI'17. 4 8, as is attempted by that act. With tt questioning the soundness of the de 1-:0:, it gives to thn~ constitution a dif5 rent construction fromn that which Con -ess unanimously entertained at the mie the act was passed, and, in effect prives the non.slaveholding States of. recognised remedy for thesecurity and otect ion of their property. , The legislation of some of the non-. veholding States has beeii of a less uivocal character, and more palpably, constitutional as it has been deter.. ned, by judicial decisions, the para, )>nt law of the land. In all or nearly. the easter n and northern non-slave iding States, laws have.been passed ce 1820, prohibiting, under penalties,.. owner of a fu-itive slave from ap hending such slave without the pre us authority of a magistrate, and af apprehension so effected in many "+ ;rs, givinig the slatvJ the wvr it of habeas pus and the right of trial by jury, - throwing vexations and hostie imn linments in thme wvay of the owner well culated to deter hm from asserting righmts, and in p~alpable violation of stit utimon. four committee have not time to re.. specifically to these laws in detail; I, as thgey are generally of the same pOE , at is unnecessary. One, hiow< r, imust be referred to, not by way nvidicims distinciioti, because it was ais olbjectionable in its provisions as ers, but for the reason that has un one amn elaborate judicial investiga. and its character settled by an nritative jndugmlent of the Supreme irt. WVe refe~r to a lawv of Pennsyl in, passed in 1826. It may be re 'ked here that New Jersy, Conneti iAla;ssacehuset ts, anmd several other es, had laws going beyond this in . i tn ad opein tiotn. 'lie first sect ion of that act provides ,"it any person shall, by force and ence, take and carry away, or shall. me to bej taken and carried away, or I, by fraud and false pretence, so-. C or cause to be seduced, or shall at pt to take and carry away, or to se- - e ney negro om nulatto from any part. hat commonwealth, iih a design of . ing and.disposing of, or causing to be ,or of keeping and detaining,.or. of sing to be kept and detained such ro or muilatto as a slave or servant life, or for any term wvhatsoever, ry such person, by aiding and abet , &c., shall on conviction thereof, .. ieemed gnilty of felony, and shallf rConclumded on the Ath~ page.1