Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1850-05-30

In all cases Of the arrest, within n
Safe, OF persons charged with offences;
in all cases Of the pursuit of fugiiives
from Justice from one State 10 another
State; in all cases Of exiradlion provi.
ded for by treaties with foreign Powers,
the proceeding uniformly is summary.
Ii has never been thought necessary to
apply, in cases Of that kind, the forms
and ceremonies Of final trial. And
when that trial does take place. it is in
the State or country from which the
party has fled, and not in that in which
he has found refuge. BY the express
language of the constitution, whether
the fugitive is held to service or labor
or not is to be determined by the lars
Of the State from uhich he fed; and.
consequently il is most proper that the
tribunals of that State should expound
and administer its own laws. If there
have been any instances of abuse in the
erroneous arrest of fuglives from ser.
vice or labor, the committee have not
obtained knowledge of them. They be.
lieve that none such have occurred,
and that such are not likely to occur.
But. in order to guard against the pos.
sbiIlty Of their occurrence, the com.
mittee have prepared, and herewith re.
port, (maIkcd B) section, TO be offer.
ed to the fugitive bill now pending be.
fore the Senate. According to this Sec
ton, the owner of fugitive from ser.
vice or labor is, when practicable. 10
carry with him 10 the State in which
the person is found, a record. from O
competent tribunal. adjndicaling the
facts the elopement and slavery, with
a general desert ptinn of the fugitive -
This record, properly aucsicd and cer-
tilted under the official seal Of the court,
being taken to the State where the per-
son owing service or labor is found, is
10 be held competent and sufficient evil
dence of the facts which had been ad-
Indicated, and will leave nothing more
TO be done Than 20 identify the fugitive.
Numerous petitions have been pre-
sentcd, praying for trial by jury, in
the case Of arrest of tugilives from SER
vice or labor, in the non slavcboIdng
States. Il has already been shown
that this would be entirely contrary to
practice and uniform usage in all SINH
lar cases. Under the name ola popu.
lar and cherished Insiilu,ion-an insii-
tuition, however, never applied in cases
of preliminary proceeding, and only in
cases of final trial-tber1 would be q
complete mockery Of Justice, SO far as
the owner Of the fugitive is concerned.
if1he trial by jury be admitted, it would
draw after Il It's usual consequences of
continuance from time 10 time, to bring
evidence from distant places; Of second
or new trials, in cases where the Jury is
hung, or the verdict is Sc, aside; and of
rcvisalS OF the verdict and conduct of
the Jnries by competent tribunals. Du.
ring the progress of all these d.IaIory
and expensive proceedings, what secu-
rl'y is there as to the custody or forth
coming Of the fugitive upon their ter
mination? hnd if, finally, the claim
ant should be successful, contrary 10
wha, happens in ordinary litigation be.
tween free persons, lie would have to
bear all the burden and expense of the
litigation, without indemnity, and would
learn. by sad experience, that he had
by far better have abandoned his right
in the first instance, than to establish it
at such unremuneraled cost and heavy
sacrifice.
But whilst the committee conceive
Iha, trial by jury in q State where q
fugitive from service or labor is recap.
tured would be a virtual denial of jus.
tice 10 the claimant of such fugitive.
and would be tantamount TO positive
refusal to execute the provision Of the
constitution, the same cases do not ap-
ply TO such trial in the State from
which he fed. In the sl0veholiing
States full justice is administered, with
entire fairness and imparliality, in cases
of actions for freedom. The person
claiming his freedom is allowed TO sue
in tOrma pauperiS; counsel is assigned
him; time is allowed him to collect his
witnesses and 10 attend to the sessions
of the court; and his claimant is placed
under bond and security, or is divesed
of the possession during the progress OF
the trial, TO ensure the enjoyment OF
these privileges; and if there be any
leaning on the part of the courts and
jures, it is always on the side of the
claimant for freedom.
In Difference TO the feelings and pre-.
judices which prevail in the non. slave.
holding States, the committee propose
such trial in the State from which the
fugitive fed, in all cases where he de.
clares 10 The officer giving the certificate
for his return that he has right TO his
freedom. Accordingly the committee
have prepared, and report herewith
| (marked CO. two section which they re.
commend should he incorporated in the
fugitive bill pending in the Senate
| Accordinu 10 these seCtions the claim