The Woodville Republican. [volume] (Woodville, Miss.) 1847-1853, 1850-06-04

ayai!ng themselves Of the arduous and val
liable labors OF the committee on territories
report bill, embracing those three meas
ares. the passage of which, uniting them TO
gether, they recommend TO the Senate.
The committee will now proceed to Ia,
consideration OF, and to report upon. the
subject OF persons owing service or labor il
one State escaping into another. The tex
OF the constitution Is quite clear: No per
son held to labor or service IN one State, an
der The kd1cS thereof escaping into another
shall, III consequence of any law or regua
iion thefein, be discharged from such service
or labor, but shall Be 2eiiucrcd np on the
claim OF the party 10 whom such service ol
labor may be due Nothing can be more
explicit than this language---no,hng more
manifest than the right to demand aud the
obligation to deliver up to the claimant any
such fugitive. And the constitution ud
dresses Itself alike TO the States composing
the Union, and to the General Government
! II, indeed, there were any difference in the
duty TO enforce this potion of the constitu.
ton between the States and the Federal
Government, il is more clear that il is that
OF the former than OF the latter. But il is the
duty Of both. 1t is now well known aud in.
contestObe that citizens in slavehodiug
States encounter the greatest difficulty III
obtaining the benefit Of this provision of the
constitution. The attempt to recnpture q
fugitive is almost always a subject of great
irritation and excitement. aud often leads 10
most unpleasant, if not penlous collisions.
An owner of slave, it is quite notorious,
cohnot pursue his properly, for the purpose
OF i,s recovery, i'll some of the States, with.
out imminent personal hazard. This is a
deplorabe state Of things. which ought To
be remedied. The law of 1893 has been
found wholly Intellectual, aud requires more
stringent enactments. There is, especially,
deficiency in the number of public func-
tionaries authorised to afford aid in the seiz-
IRE and arrest of fugitives. Various States
have declined to afford aid aud cooperation
in the surrender Of fugtives from labor, as
the committee believe from a misconcep.
ton of their duty arising under the Consti-
tuition of the United States II is true that
decision of the Supreme Court of the Uni.
ted States has given countenance TO them
in Withholding their assistance. But tho
committee cannot but believe that the nten.
ton Of the Supreme Court has been misun.
derstood They cannot but think that'tliat
court merely meant that laws Of the several
States Which created obstacles in the way
Of the recovery of fugitives were not ali-
thoflzed by the constitution, and not that
State laws afording facilities in the recove.
ry OF fngtives were forbidden by that in.
strument.
The non-slaveholdng States, wbatcvej
sympatlies any OF their citizens may feel for
persons who escape from other States can.
not discharge them ewes from an obligation
to enforce the constitution of the United
States. All parts Of the instrument being
dependent upon and connected with each
other, ought TO be fairly and Justly enforced.
II some States may seek to exhonerate
themselves from one portion Of the constitu.
ton, other States may endeavor to evade
the performance Of other portions of it; and
thus the instrument, in some OF its most i'm.
portant provisions, might become inopera.
tive and Invalid.
But, whatever may be the conduct OF ill.,
dlvidllal States, the duty of the General
Government is perfectly clear. The duty is,
to amend the existing law, and TO provide
an eaectual remedy for the recovery Of FL.
gitives from service or labor In devisng
such remedy, Congress ought. whilst on
the one hand securing to the owner the fair
restoration of bis property, eifectua!y 10
guard OH the other, against any abuses in
the application OF that remedy.
In all cases Of the arrest, within a State.
Of persons charged with offences; in all
cases OF the pursuit offugitives from justice
from one State to another State, in all
cases OF extradition, provided for by treaties
between foreign powers, the proceeding uni.
formy IS summary. 1t has never been
thought necessary TO apply, in cases of that
kind, the forms and ceremonies Of final tri.
al. 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 be
has found refuge. BY the express language
ot the constitution, whether the fugitive il
held to service or labor or not, is to be deter.
mined 5y tue La,0S Of tie state IRON. t0lstc6
he Jzed: and. consequently, it is most pro.
per that the tribunals of that state should
expound and administer its own laws. Il
there have been instances of abuse in the
erroneous arrest of frgitives from service OF
labor, the committee have not obtained
knowledge of them. They believe that
none such have occurred, and that such are
not likely to occur. But, in order to guard
against the possibility of their occurrence
the committee have prepared, aud herewith
report, section to be offered to the fugitive
bill now pending before the Senate. Ac
cording to this section, the owner OF fugi
tive from service or labor is, when practica
bic. TO carry With him TO the state in which
the person is found record from competen
tribunal, adjudicating the facts of eope
ment and slavery. with description Of tn,
give. This record. properly attssted aut