Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-01-18

70, anu winch The unly one reiaiing 10 tina cau
Of the Constitution ever passed by Congress. enacts
that When . person held TO labor in any Of the
United States or in either Of the Territories, ON IN.
northwest south ofIhe river Ohio, under the /. W
thereof. shall escape into any Of the said STATES or
TsrIitsres. the person 10 whom such labor or ser
vice may be due, his agent or attorney, 10 hereby
empowered to seize or arrest such fugitive from
aber. and TO take him or her before any Judge Of
The Circuit or District Courts OF tho United Slaies
residing or beng within the State, OF before any
Magistrate OF q county. city or town corporate,
wherein such seizure or arrest shall he made, and
upon proof 10 the satsiactIo Of SUCH Judge or Mag
nitrate. either by oral testimony or AFFIDAVIT taken
before and certified by Magistrate of any such
State or Territory, that tho person seEed or arre.
Isd' DON, under the laws OF the State Ietr Tory
from which he or abe fed. owe service or labor To
me person claiming him or her. IL shall be the duty
OF such Judge OF Magistrate to give q certificate
thereof TO such claimant. his agent, or attorney,
which shall be sufficient warrant for removing the
said fugitive from labor, TO the State or Territory
from which he er she fed"
when this act was passed, such was the reverence
entertained for the FED raj Constu ton by the nee
pie OF all OF the States such the universally recoz
nlzsf right Of the owner OF slaves TO recover them
wherever found, and such the abiding belief on
The mind OF the National Legislature. that thu. right
could mol be misundeTsiOOd seriously jeoparded
that u merely empowered tho owner Of the slave
take him before Judge Of the Circuit or District
Court Of the U S. or before any Magistrate. who.
sPon being satisfisd Of the claim Of the owner
should give him Certificate authorizing the remo-
val Of tho slave TO the Stiie from which he had fed
u dispensed with all warrants or Other process for
the arrest Of the fugitive. and al created The
owner his agent or attorney. the coHst LOUaI une
fisnsry TO seize the slave. and take him before
Judge OF magistraie But. unfortunately for the
present time, and the supremacy of the Constitution
% gsve Kim no adequate protection, after he had
thus carried him before the Judge the recent de-
reioPmenls IN Boston have beyond doubt demon
slrated.
II 10 true. that the act further declares that ANY
person WIN shn knowingly and willing obsIrucI or
hihder such claimant. his agent attorney in 20 sci
ling or arresing such fugiiiVs from labor or shall
rescue such fugitive from such claimant his agent or
attorney, when 90 arrested pursuant the authority
herein given or declared; or shall harbor or conceal
such person, after notice that he or she was fugitive
from labor a. afordsai shall for either OF the said
offences. forfeit and paw the Of five hundred do
lars which penalty may be recovered by and for the
benefit Of such claimant, by action Of debt in any
court proper TO try the same, leaV ing moreover To
The persons claiming such labor or service his light
oil action orGr on account Of the said injuIies, or
ilhsr Of them.
Notwithstanding these penalues IL n by no mean
certain. has the individuals who from lime to time
assembled in Boston; with The avowed object
ofoVerawing Mr. Gray, and if necessary, TO Iescu,s
hs slave from his slave from his PossessIos howeV.
Or they may have disturbed the peace and good or
der Of Massachusetts. and however reckless the
may have been Of the Constitution Of their country
whiEh emphatcallv declares that a slave thus cir
cumstanesd shall be delivered up" violated The
provisions ofIhe act in question. For il may be said
that they did not thereby 'obsiruci or hinder such
Claimant. his agent or attorney. SEEKING OF ares
ting the slave" % he was already seized aad or
resled and that they did not lte rnly) such
fugitive from his owner. agent or attorney"
The duty. the imperative duty dsyolVss upon
Congress TO remedy the evil complained of-an evil
which. II not remedied. il requires no great inIcl
gence 10 forssee, will break asunder the hands of
this Union. II, with all the Inducements which
are held out nj the North the slaves Of the SJulb
." desert the service OF their masters when their a.
oode IL discovered. and they actually arrested
there be TO means Of holding Ihsm and removing
them TO their masters residence, II 10 Tbvious thai
the alternative must be presented To hspeople
OF The slave holding Siates whether they will sub
NIT 10 habiua violations Of their rights. guaranteed
by the Constitution Of The country, involving the
utmost excitement Of feeling. and the freq losses
Of valuable property. or will dissolve the Union
This momenious issue your communiI, will not
however debate upon; trusting that an all uise
providence will so eDlighien the public mind and
Jude the deliberations Of the National Legislature
> the due enforcement ofihs constitutional pruyi
ION IN question that such an alternative will never
70 presented.
The redrS'' to be sought at leas, for the present
ughI 10 be an appeal to Congress The conSIi,uton-
u power Of that body TO provide efsctual enact.
nSnis That person held TO services or labor in
me State, under the laws thereof escaping into an
'iheT' shall DO delivered up claim Of the party 10
whom such service or labor may be due" cannot
10 presumed. be doubted by any one. Has it 20
provided The facts stated in the report Of IN.
mai oil ahntny a. -
Tor clearer title to slave cannot be exhibited
throughout the Universe. and discriminating he
vas seized and arrested and carried IeCors Judge
u the Federal Court yet his master could not hold
lin.
In examining into the matters referred 10 thsn,
'our comHtIes have thought that they would moi |
omply with the just expectation Of tho public, by
asrely repOsung in what manner and by what
scans Mr. Cray had been prevented from regainIng /
iis property, bot that they ought 10 suggest some
Pocihc legislation upon the subject, The smple.t
nd most feasible enactment that Congress could
naAe, oecurS 10 your committee. wouic be 10 |
roVide, IN addition to the existing IL ~ that vvb.n
fugitive slave shall escape into another Stats, or
l'o me Of the territories Of the United Safes that
he owner, his agent or attorney shall if in his D.
inion u be necessary 10 recover the slave, spplv
Q any Judge Ofths circuit or district courts of tbe
United States. residing or being within the State or
sWlOfy where such slave shall be, whs shall then
y '.fu'eo W Aaeo MS precepi, commanding the
iarshal OF the cOuu 70 arrest or If already arrss.5
the owner his hEent or attorney to take into hi,
usiody. such slave and forthwith bring him before
nd Judge, with authority 20 such marshal 10 appoint
'mPoranIy az many deputies ss he may think prop.
TO effect the object, that the marshall in person
h" deputy shall hold the slave until The Judge
iail hnaiy decide upon the claim snd that II The
'nihesie Tor he removal should BE- EIven. the
's'snal N person o. b. deputy should BE- required
] accompany h. u.
70 line OF any other part Of the State where the
NneT. hll aEenI % nIlornsn. nay rnnnir. - q.