The examiner., 1849-11-17
From the National Era.
The ComPrsmises of the Consultation.
No. 2.

a Ind is able and willing to prove that he pureh-
ased him as a slave, and produces bill Of sale,
duly authe nticated, with dozen respectable |
witnesses, that the man was held and consider |
ed a slave for a number Of years past--does this |
prove the title Of the claimant TO the negro as |
a slave7 Not at ALL 1t is PTinlG taeie evidence |
Of title only, under the laws of the State from |
which the slave escaped, and SO is the color OF
his skin! But, as has been shown, this pre-
sumptiye evidence may be, and not unfrequent-
ly is, nullified and rendered nugatory, even in
slave States, by proving descent from Il free
maternal ancestor.
Again: letit be supposed that negro escapes
from slave State into a free State; that he
passes from a State where the Onus Of proof OF
freedom is, by the local law Of such State,
thrown upon him, and goes into State where
the common law of evidence prevails--where
the title to all property Is governed and deter
mined upon one and the same principle, and
the burden Of proof Is thrown upon the claim
ant. The negro admits that he was held in
bondage by the claimant, but AYERS that he was
unlswfully held; that he owed no service or la
bor, under the laws of the State from which he
came, to the pretended master, or any other
person. An issue is thus made between the
parties, and the facts must be inquired into by
a jury, whose verdict will depend upon the
proof produced by the claimant, with the pre-
sumption of law in the defendants favor. For,
in the State where the issue will be tried, every
man, whatever may be the color Of his skin, 10
pTima tdeie free man.
great portion Of the slaves in Mississippi
and other new Southern States have been pur-
chased in Maryland and Virginia, and by slave
| traders been transported and sold to their pre-
sent owners. IL one Of these slaves escapes
into Pennsylvania, Ohio, Indiana, or Illinois,
ha ahl IN h. tb.t
such negro has not descended in the maternal
line from free ancestor; and il he cannot, does
he not fail TO establish his title, and must not
the negro be discharged as a free mani Ger
tainly this must be the case, even in a Circuit
| or District Court Of the United States and by
an impartial jury.
This Just and equitable principle Of COMPEL.
ing a claimant TO establish his title by compe-
tent testimony prevails in all civilized comma
mites. 1t is a principle Of the common ldn.-
IL not only exists in all the Governments Of
Europe, but in all the States of the Union, in
rsgaro to every description OF property, 1i tA
the exception, in the slave States, Of a man
claiming property in his fsliOio-m man. Why is
it not extended 10 every easel Can IL be possi-
bic that there are classes Of men too low TO be
protected by the egis of sovereign powerl
The several States of the Union, and the
people within them, are sovereign and indepsn-
dent, with the exception Of that portion Of their
sovereignty which they have delegated TO the
Government Of the United States for the pre-
servstion, defence, and security Of the whole
i ey have not invested Congress with the
power to decide what shall constitute property
within their limits, nor 10 define the nature OF
testimony which shall establish titles. These
powers remain unlimited with the States, pre-
cisey as they were after the Revolution and
haf ha I.oh
ed,
Without inquiring either into the Justice OF
humanity of the measure, We are compelled 10
admit that some of the States have exercised
their undeniable power to make every man. wo
man, and child, descended from the African
race, slaves, and, as such, property, unless they
can prove that they are free men, women, anC
chidren-thus throwing, in this single except
ed case, the burden Of proof upon the defend.
ant. Other States have decided, with at leas
equal justice, right, and solemnity, that every
man, woman, and child, shall be deemed anC
held tc be free; that man cannot in such States
hold as property his fellow-man; and that nc
title 10 property Of any kind can exist, unless
sustained by proof by the claimant
The difference Of what constitutes property
in one sovereign State, and the nature Of evi.
dence TO sustsIn the title to such property, anC
what does not constitute property in another
equally sovereign State, and throws ths burder
Of the proof upon the claimant, presents, there
fore, the difficulty between the two powers
which neither the Constitution, the law of Con
gress, nor the decision of the Supreme Cour
has been found sufficient to remove.
The Southern or slaveholding States seem &c
demand that the Constitution Of the United
states shall be so construed and interpreted
that these laws, peculiar as they are in relation
| fO hall nd 4,
non n-slsveholding States.
There are very few of the citizens Of the
non-sayeholding States who do not most cor.
daily desire that the Union Of the States NAV
be perpetual; but there are, it is believed, still
fewer who would consent to surrender, eithe,
expressly or by implication, further than has
already been done by the Constitution, any por.
ton OF their sovereignty, TO conciliate the
Southern States, either in regard to their fupi.
tive slaves or their representation in Congress
TIE Southern States ought to know, they dc
know, that in the non-slaveholding States the
whole system of slavery is detested and abb
horred, as being in opposition 10 the laws Of hu
manity and the principles Of the Christian re.
ligion. There will be found no sympathy with
the claims Of the master in question whethe
a man Is a man, free as his fellow man to seek
and pursue his own interest and happiness by
intellect, or whether he is a mere animal, a
brute, thing, a chattel, to be placed upon q
block, under auctioneer's hammer, and
knocked down, body and soul and spirit, TO the
highest bidder: The requirements Of the Con
stitution must be obeyed and enforced, but be-
yond this no Northern man, except he will con.
sent to be ever after deemed infamous, will rem.
der aid in delivering up fugitive slave.
The South say, deliver us our fugitive slaves
the North say, come and take them, and use All
the powers you possess under the Constitution,
the law of 1873, and the decision of the Su.
preme Court of the United States. But YOU
will not be permitted to break the peace of The
State, nor endanger the lives, liberty, and pro.
perty Of her citizens with impunity The slave
holders say, under these restrictions we cannot
reclaim our slaves, and IL you do not aid US by
your legislation, we will withdraw from the
Union. TheSouth asks too much. Ii will moi
be granted-the laws of God and man forbid H.
The issue is here made; let IL be tried. IL Il
must come at all, il cannot come too soon
But let the South inquire, before thew take the
last step, what will be their condition IL they
should again wish to coalesce with the North.
ern States. Will those compromises of the
Constitution be again extended to them which
they were enabled TO extort from the North
rather than all should forego the benefits of a
central and conservative Government No
there will then be no compromises. Fres men
In every State will stand upon an equality OF
political Power-the representation in Congress
by twenty-one members for your slaves YOU
will loss-your right to invade the sovereignty
Of your sister States In search Of fugitive slaves
will be taken from you, and no obligation will
be permitted to remain on the other States 70
suppress your servile instructions. II will be
deemed that insurrections can only take place
Al