Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-07

courts OF Massachusetts SO 10 decide This was ~
to deter the Southern people from submitting n.
ito" Of the fugitive slaves right TO The decision Of Man.
ern tribunals. 'Ofu'
If there be any doubt upon this point il will !,
moved by referring 10 the proceedings of The CO. n
ton which framed the Constitution The sec,,"ti .
originally reported, provided that " No person i.",h
held TO service labor in State escaping in,o
Their" &C.. I'D Madison, 1853 On the l5lh or g ea
temler, 1857, the word "iegaiiy" was struck On, 90
the words, under the laws thereof inserted 80 t
Estate" The section as thus amended, and a. i ei
stands in the Constitution, was adopted unanimosY'
We cannot pass this point without stopping 10 en-
the recollection of the Northern States that ,l,e,'
of the Constitution, which some OF them are nos
using to execute, was adopted acithOnt dissent /.
ann one Of their own members. 'a
Although the Constitution ard laws do no. co,,
plate the trial Of the iugitves right TO freedom ;
proceed ings authorized b. them in The courts oi
Northern States he is not prec'uded from asserr, "a,
right in The courts Of the Stale from which he Red -
in which it can be best asserted, If it really e..,
the contrary. every facility is aorLed him for doips
The provisions Of the Virginia law upon this srt
are extremely hbe:sl. Our statute provides, ,hs,
"When any person shall conceive himself or ba,, !,
illegally detained slave in the possession Q; ~,
Their, it shall and may be lawful for such person,
make complaint thereof, either to a magistrate -,
court or TO the Superior Court Of law for the conr
the court Of the county, or corporation here h.
she shall reside When the complaint shall lie mad,
magistrate Of such illegal dee ntion, 1t shall he M
duty Of the said magistrate, forthwith TO issue his W,
rant summoning the owner posseseor Of such e,n
painant, to appear before bin some other nap,,
Of the county, TO answer the complaint made a.,
upon his appearance shall ompel him 10 give bond v
security, equal at least, TO the full value of such c
painant-c conditioned, that he shall suffer him or he,
appeal at the next Superior Court Of law or CONT -
the county, corporation, wherein he or she re.cs
for the purpose OF petilionpg the said court 10 he
y. IL e
very Of his or her freedon and # such master Eoc,
shall fail to, or deny TO give security as aforesaid ,es
magistrate shall order The complainant into the cu.o
Of the officer serving the warrant, TO be kept b; k
safely, at the expense of such master or holder urt
the sitting of the first court that shall happen af..
snch judgment BY hIm given, and produce hm or h,
before such court
"Whrn petition shall be offered TO any Super,
Court Of law, TO the court Of any county corpo.
ton by any person or persons go complaining, sb,r
state the material facts of The CASE which being Prove.
by affidavit otherwise, tn the satisfaction OF sue.
court The petitioner shall obtain COUNSEL to be assigns,
by The said court who, Without fee or reward, sh,l
prosecute the emit oi snch complainant, DC.
In pursuance of these views, Judge Washinens
late of the Supreme Court who frequently c,ist
upon in fugitive slave cases, uniformly Declined ca y.
are informed, 10 go into an inquiry OF the validy Of
any contested right to freedom. In all such cases b,
rave the certificate TO. removal assuring the fus,,f
understood, and most successfully asserted in Ii,
Courts of the State from which he fled. In all thp
the learned Judge surely right. The Courts ofis
non slavehoding States could not readily undefsuc
or properly administer the laws y which the enneO
property in slaves is regulated. They have not cHly
no such laws in their code, but none which are ohsq
gous Besides this, the statutes of none Of the Nort
States afford the negro the facilities for asseu,
his right t. freedom which ours do Here lie mas
command the services Of counsel, OF the officers oil II.
courts and compel the attendance Of witnesses, wsp
fee reward. His case is privileged one, and ehl,
tied to be tried if he deserUes ii, (not o,herwiseJt
fore any other and the Courts uniformly indule "a
favor of Liberty, in llberallty of construction, Whe.
pervaIls in no other cases.
We take peculiar pleasure at this time when the ppo.
pie Of the non slaveholding States are attenpung@
take upon themselves the protection Of the negro's
rights and mal'gning The people of the slave States
robbers in referring 10 the liberal and humane PFC
visions Of orr laws.
Nor do We believe that such form Of proceeding
the past suggests, If it were constitutional would
obyiate the mischiefs which II depreca,es. On The
the delay of formal jury trial would tend
rather create than to nuy excitement In this cyr
Mon, we think Latimers case sustans us. II per.
fecy obvious that most Of the excitement and oul,.
in that case, caused by the improper delay when
was granted for the purpose OF enquiries winch were
illegal. In the first place, Mr.. Gray required TO
produce documentary evidence Of his ownership, 81.
though he was provided with oral testimony which
the only testimony required by the law and The tr;l
was put off to enable him TO produce H. On the 5ih
November, he vas ready with H. But, IN Inc me,a
time, The Abotionsts had taken the in hand ard
held the notorious public meeting in Fsneuil Hal, ot
the 9Th Of October. After thai, for the frs; up.
Latimer put in The plea that he had been emancipasd
by former owner, and, 10 enable him In establish this
fact, the continued until tie 2lst Of Noypn.
Der. Before that day arrived, the excitement had b.
come so great, that every pre,cnce OF administering
the Constitution and laws abandoned bnth were
successfully trampled under foot, and Mr. Gray, lie
gally and by violence, dsspoiled Of his property. All
Of these delays illegal and for illegal purposes
and in them originated much Of the outas &c which va,
subsequently practised.
We have referred in detail to the character Of the
constitutional provisions, providing for The SURRENDER
OF iugtIves from service, and the law OF Congress
enacted 10 carry Into execution, because it
tn be very accurately understood, even by our own
journals. For instance, we were surprised 10 see tho
following paragraph in the Norfolk Herald, published
a, the place from which Latmer fled. In the account
which that paper gave Of the transaction, ii says
"The interference OF The aboliiionsts however, pre-
vented MIR g. from obtaining possession Of his poverty
without tedious and vexaioGs process of law, during
which every obstacle thrown IN his way BY the
opposing counsel TO worry him either into IN abandon
msnl OF his claim 10 the slave, or 10 make heavy
crhce IN yielding possession OF him 10 the aboiicnss
He vas required to produce documentary evidence ii
oWHrrsP, us orai testimony on the spot being cisfe
gardeh) and the trial put off TO alloG him tine 10
comply with the requison. This nas all rery mtn =
But IN the mean time the egtstors put The plea that
the slave was left free BY the will Of his gina
plea without the shadow Of truth sustain it, yct The
Court could not do ohtr,cise than PIT off he trial. 10 ar
him, asfy had bfore done his master time 10 send 10
loTfoik for p5oets; md the ria .cas postponed 10 The
2lsf Of this moaM
After the remarks which we have made, i, ia unne.
ceasary for va to add tina, in our opinion the Herald
utterly misunderstands The character Of the consia.
tona provision end the law of Congress. B.
Trial IF Commander Mackenzie
On Thursday last, the Naval Court Martial me, Gu
board The U ship, North Carolina. l. consists d
the following officers:
Captain John Downs, President; Captains George
c. Read, VIM Compton Bolton, Daniel Turner, Joha
D. s!oat, joseph smnh, George W. sorer Isaac Me
keever, Brnia MN Page, John Gwynn, Tbomas
wyman, Commanders Henry w. Ogden, and ltvrs
Subr,ck
Judge Advocate VIM. II Morris, of Baltimore.
All The members present. Commander M,c'
kenzie was tended by John Duer, and George Gr.r
Esqs, Of New York, as his counsel After swearing