The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-05-29

4 lect ot persons OWING service or labor in one
State escaping INTO another. The text of the
Constitution Is quite clear: No person
held TO labor or service IN one State, bnd,r
ne iG'cs thereof, escaping into another. shall,
~ Consequence of any law or regulation
therein, be discharged from such service or
labor, but shdH be deiirered Up on the claim
OF the party TO whom such service or labor
may be due" Nothing can he more explicit
than this language nothing more manifest
'hah The right TO demand, and the obi igation
10 deliver up TO the claimant, any such fugi-
i've. And the Constitution addresses itself
alike TO the States composing the Union and
TO the Genera .vernmeat. If, indeed, there
were any difference in he duty to enforce
This portion Of the Constitution between the
States and the Federal Government. ii is
more clear iha, j, is that Of The former than
OF 'he latter. But it is the dnty Of both Ii
Is now well known and lncontestable iha,
citizens 10 siaveholdlng states enc unter the
greatest Glthcuity IN obtaining he benefit Of
This provision Of the Constitutions The at.
tempt TO recapture fugitive IS almost al.
ways suhJ'c; of great irritation and excite.
ment, aud often leads to most unpleasant If
nol perllous collisions. An owner Of slave,
II 's quite notorious, cannot pursue his prop.
efty, tor the purpose OF its recovery, in soma
OF the States, without imminent personal
hazard THIS is depofabe state Of things,
which ought 10 be remedied. The law Of
1913 has been found wholly Intellectual, aud
requires more stringent enactments. There
Is, especially. deficiency in the number of
public iuncllonaries authorized to afford aid
IN The SEIZURE and arres! of fugltives Vari.
Gus States have declined to sfi1rd aid and CO.
operation IN the surrender Of fugitlves from
labor, as The committee believe, from a mis-
conception OF their duty arising under the
Constitution Of the United States. lts true
that decision Of the Supreme Court of the
Umted States has given countenance 10 them
IN Withholding their assistance. Bu, the
committee cannot but believe that the inten.
ton OF The Supreme Court has been misun.
defstood. They cannot but think that the
court merely meant that laws of the several
States which ,eaed obstacles In the way of
he recovery Of tugnlSes were no, authorized
by he Constitution and not that State laws
ahirdin2 facilities in the recovery Of fugillves
were Cor hidden by that instrument.
{ The ncn-savehoding States, whaieve,
sympaihles any oftheif cittzens NAV feel for
. persons 10 escape from other States can.
not discharge themselves from an obligation
% enforce the Constitution of the United
States. A Il parts of the instrument being
dependent upon, and connected with each
other, ought TO be falil, aud justly enforced.
II some States my seek to eSpneraie them
selves from one portion of the Constitution,
other States may endeavnr To evade The per
formance of other portions of ii; and thus
The instrument, IN some of lis most important
provisions, might become imperative aud in
valid.
But, ~hatever NAV be the conduct Of indi.
vidual States, the duly of the General Gov.
ernment perfectly clear. That duty is, 10
amend the existing law, and to provide an eff.
tectual remedy for The recovery Of fugiilves
from service or labor. In devlsing such
remedy, Congress ought, whilst on one hand
securing TO the owner the far restoration of
his property, efftctualy to guard, on the 9th.
er, against any abuses IN the application of
+ that remedy.
10 all cases Of The arrest, within State,
Of persons charged with offences IN all ca.
ses OF the pursuit of fugItyes from Justice
/ from one State to another Stale in all cases
/ Of extradilion provided for bv treaties be.
tween foreign po~eis-the proceeding uni.
l6rmIy is summary. Il has never been
thought necessary to apply, IN cases Of that
Kind, The forms and ceremonles OF a final tri
al. And when that trial does take place, il
IS IN the State or country from which the
party has fled, and nol in that 10 which he
has found refuge. By the express language
Of The Constitution, whether the fugitive is
held 10 service or labor or not, is to be de.
termined by the lars Of the State from ,shich
he fed; and, consequently, it is most proper
that the tribunals OF that State should ex.
pound and administer its own laws. Ii there
have been any instances Of abuse in the er.
roneous arrest Of fugillves from service or Ia.
Dor, the committee have not obtained knowI.
edge of them. They believe that none such
have occurred, and that such are not likely
10 occur.
But, in order to guard against the possbiI.
ity of their occurrence, the committee have
prepared, and herewith report, (ma,ked & J
a section, 10 be offered TO the fugitive bill
now pending before the Senate. According
to this section, the owner of fugitive from
set'ice or labor IS, when practicable, 10 car.
ry with him 10 the State in which the person
Is found record, from a competent tribunal, +
adJudlcaiing the facts of eopemen, and slave.
ry, with a general description of the fugitive. (
This record, properly atlested and certified +
under the official seal of the court, being Ia.
ken to the State where the person owing ser.
vice or labor is found, is to be held compe.
tent and sufficient evidence of the facts which
had been adludcared and will leave nothing
more to be done than to identify the fugitive.
Numerous petitions have been presented.
praying for a trial by jury in the case of ar.