TRIBUTE TO MR. ELMORE.*

On the decease of Mr. Calhoun, the Hon. Franklin H. Elmore was appointed his successor by the Governor of South Carolina. On the 6th of May he took his seat in the Senate, but in an infirm state of health. On the 29th of the same month he expired. It again devolved on Mr. Butler to perform the painful duty of announcing the decease of a colleague, on which occasion the following remarks were made by Mr. Webster.

MR. PRESIDENT, I sincerely sympathize with the honorable member from South Carolina, whose painful duty it has been, within so short a period, to announce the death of another colleague. I sympathize, Sir, with all the people of South Carolina, by whom, as I know, the gentleman now deceased was greatly respected and loved. I sympathize with that domestic circle to whom his death will be a loss never to be repaired. And, Sir, I feel that the Senate may well be the object of condolence on the death of a gentleman so well known in the other branch of the legislature, of so much experience in the various duties of public and official life in his own State, and who has so recently come into this body with every qualification to render here important public service, and with every prospect of usefulness, except so far as that prospect may have been dimmed by serious apprehensions in regard to his health. Sir, I had the good fortune to become acquainted with Mr. Elmore ten or twelve years ago, when he was a member, and I may say a leading member, of the House of Representatives. I had formed a very favorable opinion of his character, as a

Remarks in the Senate of the United States, on the 30th of May, 1850, on occasion of the decease of Hon. Franklin Harper Elmore.

man of integrity and uprightness, of great respectability, and great talent. I regretted his departure from the councils of the nation, because a person with his qualifications and with his habits of business grows every day more useful in our political circles, so long as he remains in the possession of his faculties and in the active performance of his duties. It happened to me, Sir, some years afterwards, and not now many years since, to form a personal and more private acquaintance with the deceased. I had the pleasure of seeing him among his own friends, of cultivating his acquaintance in the midst of those circles of social life in which he was regarded as a treasure and an ornament. I owe, Sir, to him whatever is due for kindness. and hospitality, for generous welcome, and for an extension of the civilities and courtesies of life.

I shall cherish his memory with sincere regard as a valuable and able public man, and a gentleman entitled to high estima tion in all the relations of life.

FUGITIVE SLAVE BILL.*

MR. PRESIDENT,- At an early period of the session I turned my attention to the subject of preparing a bill respecting the reclamation of fugitive slaves, or of certain amendments to the existing law on that subject. In pursuance of this purpose, I conferred with some of the most eminent members of the profession, and especially with a high judicial authority, who has had more to do with questions of this kind, I presume, than any other judge in the United States. After these consultations and conferences, as early as in February, I prepared a bill amendatory of the act of 1793, intending, when a proper time came, to lay it before the Senate for its consideration. I now wish to present the bill to the Senate unaltered, and precisely as it was when prepared in February last.

MR. DAYTON. I hope that the paper will be printed.

The bill was then laid on the table and ordered to be printed, as follows: :

A BILL amendatory of "An Act respecting Fugitives from Justice and Persons escaping from the Service of their Masters," approved February 12, 1793.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the said act shall extend to the territories of the United States; and that the commissioners who now are, or who may hereafter be, appointed by the Circuit Courts of the United States, or the District Courts where Cir

Remarks made on the 3d of June, 1850, in presenting to the Senate "A Bill amendatory of An Act respecting Fugitives from Justice and Persons escaping from the Service of their Masters,'' approved February 12, 1793.

cuit Courts are not established, or by the Territorial courts of the United States, all of which courts are authorized and required to appoint one or more commissioners in each county to take acknowledgments of bail and affidavits, and also to take depositions of witnesses in civil causes, and who shall each, or any judge of the United States, on complaint being made on oath to him that a fugitive from labor is believed to be within the State or Territory in which he lives, issue his warrant to the marshal of the United States, or to any other person who shall be willing to serve it, authorizing an arrest of the fugitive, if within the State or Territory, to be brought before him or some other commissioner or judge of the United States court within the State or Territory, that the right of the person claiming the services of such fugitive may be examined. And on the hearing, depositions duly authenticated and parol proof shall be heard to establish the identity of the fugitive and the right of the claimant, and also to show that slavery is established in the State from which the fugitive absconded. And if on such hearing the commissioner or judge shall find the claim to the services of the fugi tive, as asserted, sustained by the evidence, he shall make out a certifi cate of the material facts proved, and of his judgment thereon, which he shall sign, and which shall be conclusive of the right of the claimant or his agent to take the fugitive back to the State from whence he fled. Provided, that if the fugitive shall deny that he owes service to the claimant under the laws of the State where he was held, and, after being duly cautioned as to the solemnities and consequences of an oath, shall swear to the same, the commissioner or judge shall forthwith summon a jury of twelve men to try the right of the claimant, who shall be sworn to try the cause according to evidence, and the commissioner or judge. shall preside at the trial, and determine the competency of the proof.

Sec. 2. And be it further enacted, That the commissioner shall receive ten dollars in each case tried by him as aforesaid, the jurors fifty cents each, and the marshal or other person serving the process shall receive five dollars for serving the warrant on each fugitive, and for mileage and other services the same as are allowed to the marshal for similar services, to be examined and allowed by the commissioner or judge, and paid by the claimant.

THE BOUNDARIES OF TEXAS.*

WHILE the debate was in progress in the Senate of the United States, upon the resolutions of Mr. Clay, a motion was made by Mr. Foote of Mississippi, for a committee of thirteen, to consider and report a comprehensive plan of adjustment of all the matters in controversy on the subject of slavery. This motion prevailed, and a committee was appointed by ballot, composed of the following persons: Messrs. Clay, Bell, Berrien, Bright, Cass, Cooper, Dickinson, Downs, King, Mangum, Mason, Phelps, and Webster. This committee, on the 8th of May, reported by their chairman (Mr. Clay) a bill, the principal provisions of which were the admission of California with the existing boundaries, the establishment of territorial governments for Utah and New Mexico without the Wilmot Proviso, the settlement of the boundary controversy between New Mexico and Texas, the surrender of fugitive slaves, and the prohibition of the slave trade in the District of Columbia.

While this bill was under consideration, a motion was made by Mr. Turney of Tennessee to strike out the thirty-ninth section, which contained a proposal, to be offered to the acceptance of the people of Texas, for the settlement of their boundary controversy with New Mexico. On this motion Mr. Webster spoke as follows:

I WISH to make a few remarks upon this question, considering it a very important one, under all the aspects in which it is presented. This bill contains three leading subjects, the admission of California into the Union, the establishment of territorial governments for New Mexico and Utah, and the settlement of the boundary line between the United States or New Mexi co and the State of Texas. I am in favor of each and every one of these subjects, and should be inclined to vote for them,

Remarks in the Senate of the United States, on the 13th of June, 1850, on a Motion to strike out the thirty-ninth section of "The Compromise Bill," being the section relative to the Boundaries of Texas.