Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-06-07

oou Al he time regarded anv Of its provisions rcnggnan
70 rcsioh liberty the constitution, humanity The
senators OF massachusetts, that time, tia; disiin
sulSica legislator ard patriot our own country, (ieor.,
Iaoo ana that other citizen of Massachusetts, ainong In
mos. eminent OF his day for talent purity of character
every virtue, Caleb Strong. Mr. Cabot indeed one
,o e%nfe . iof preparing the bill 1t appears 10 hav,
PdSSe" 'he senate without division In the House of Re
u was supported 10y Mr.. Goodhue. Mr. Gerry
bo'h then believe, OF yonr county Of Essex r toodhu.
afterwards senator OF the United States, and Mr.. Gerry
afterwards zee PRESIDENT of III, United Sares Mr. ies
lr bourne, Mr. Leonard and Mr.. Sedgwck all member.
from Massachusetts and passed by majority %: f1rfy
e@M 70 scren OF these being from Virgin one
from Maryland, from New York and four from the New
England States; and OF these four one Mr. Thacher fon
Massachusetts.
inc debates on the passage VI this act have been able
ma none. nave searched the original files however
nu .'ots ie papers several Propositions for modica
Mons ana amendments al various kinds: but suggest
ing the propney of any jury trial in the where III,
party should he arrested
For many ycors, t,le complaint was made aeains
hls law nnr was il supposed be guilty o the offences
ana ononltlcs which have since been CHARGED upon IT, II
sPn Ms ns:ed oF the purpose Of complying wh dree;
was ooieVed 70 be necessary 10 accomplish thar single r
pose ana did that in cautious mild manner, 10 b. every
where conducted according 10 Judicial proceedings.
confess see no Objection the provisions th.
NV than was seen 10 them by MIR Cabot and Mr. Strong
Mr. GoGGhuc anG Mr. Gerry and such provisions appear
me, as they appeared 10 Them 10 be absolutely necessary
we mean To fulfil the duties positively and peranporiy en-
1ncd upon IL by the constitution of the country But
since the agitation caused by abolition societies and abo-
ton presses has such extent excited the public mind
these provisions have been rendered obnoxious and odios:
rnweariad been made and bur too
nv To rouse the passions Of the people against thc and
under the cry Of universal freedom and under that other crv
that there ID rule for the of public men and
private men, which Is Of superior obligation the constitl-
"n ' the country several OF The States have enacted laws
10 hinder obsrc and defeat the of this act
congress 10 me utmost of their power. The Supreme
Court OF the United States has soeny decided thai is
lawful Tor State officers and State magistrates To fulfil the
des enoned upon them BY the act Of Congress of 1898
unless prohibited by State laws and rhereupon prohibory
hppD
Imprisonment on all State officers and magistrates who
shall presume To conform these acquisitions the act
congress And these prohibory and penal laws of the
states nave rendered imperative Congress make fur
tor and other provisions for carrying into effect The sub
Sianiia nfention OF the act Of 1888 And this is tie
VI the Introduction into the Senate of bill on the subject
recently, by the Committee the Judiciary No,hwith
standing all that may be said by shallow men, ignorant men
and iactlous nien-nen whose only hope making or of
Keeping themselves conspicuous is by incessan agitation
and the mos, reckless efforts alarm and sgde the peo
lel know OF no persons in OF Congress- who wish
nything more 10 be done the subject ueiyes from
service than what essentially necessary in order the
requirements OF the constitution and accomplish the objects
oi the act nj Congress o 1893 And whatever enactments
may deem essential TO this purpose for shall
y support as lte bound 10 do by oath Of office and by
every consideration Of duty and proprety
As have already said the vi Congress of 1893
no provision for any trial BY Jury in the State where the ar
rest o fugitive is made. have considered the subject
with conscientious desire 10 provide for such Jury trial if
possible IN order To aay excitement and objections
There are many difficulties, however attending any such
provisions and main one, and perhaps the ony nsuperabe
It penal offence in their officers render any aid in
experimenting securing such gitiyes and absolutely re-
iu>ng the use Of their as for keeping them in custody till
could be called together witnesses summoned and
regular trial be had Ii much 10 saw that 70 these
State lass 10 be attributed the actual and practical denial
oi tria 10y Jury in these These coasidercd State
t" i which nave absolutely refused the alleged fugitive
IL the case now stands trial BY liy 5v refusing those
iits and facilities without which jury trial is impossible
But. NJ the time, nothing false than that saeh
jury iriai daanded in Of this kind by the con.i
on either in lis letter in its spirit The constitution de-
clares that in ali criminal prosecutions there shall be iria
oy lury the reclallning of fugitive slave is criminal
prosecution.
The constitution also declares that, in suits al common
law trial b Jury shall be preserved; the recming of
fugitive slave s not suit al the common law; and there il
other clause sentence in the constitution having
least bearing on the subject
have publication b. Mr. Horace Mann, member
This bill dcrdes the trial By jury ., -uurt.,"
ton may not lose his horse without right 10 this
trial but Ec may s freedom Dir Webster speaks for the
South and for slavery not for the North and Tor freeGos
when he abandons this right This personal vituperalon
does annoy me- but lament TO see public man OF Mas
sac.etts crude and confused in his legal apprchensons
and little acquainted with the constitution OF his country
as these opinions cvince Mr. Mann be- His citation oa
supposed case point if have any analogy to the mat
ter would prove that Mr. Manns horse stray into his
neighbours field he cannot lead him back 'rhout rrionS
fria by jury 10 ascertain the right Truly, what Mr..
Mann OF the provisions OF the constitution in this pub
lcaon be ot his accuracy in the understanding OF
ta, instrument he would do well 10 seek protect his
peculiar notions under its sanction, but to appeal al once
others do thai higher authority which sits enhroned
above the constitution and above the law
Gentlemen extending these remarks fear 10 quite
great LENGTH but there is still one characteristic OF
this 'agitaon too remarkable 10 be omitted
member Of Congress from Illinois of talent and rapidly
increasing Distinction lr Bi.sc) in speech delivered
in the House of Representatives, the 2st day OF Februa
ry, made these very and pertinent remarks
Il unmindfu o truth Ia deny that, in res
pcct the subject under consideration Of our
Southern friends have good complain But 1t must
have been remarked by all o that the representatives,
from those States which have really been agecvud in this
These threats have from the representatives. o states
from which, venture 70 say on an average not one slave
escapes five years. Who beard OF slave escaping
from Mississippi Alabama? Where does he 20 to! Who
helps him away Certainly not the people oi the North.
Kentucky Viz mia, Maryland and Missouri the only
States that really sufferers by the Of slaves do
not seem have dreamed dissolution emedy while the
from few ot the extreme Southern States
whence the slaves could than from the island
ot Cuba ample and mpcrous necessity for dis
solving the Union and establishing Southern conedera-
cy in the ALLEGED fact that their slaves entcec away by
the citizens oi the North"
Now the counterpart Of the agitation presents equal
Is singular and striking aspect in the fact thar the creaest
co and ou;cry have been raised against the cruelty and
cnomy Of the reclamation of slaves IN quarters where no
such reclamation has been made, or II ever made, the
exceedingly few and ar between as TO nave
escaped general knowledge. New England, IT'S well known
the chosen the abolition presses and the abolition
societies. Here il principally; that the former cheer me
morning by full columns OF amenalon over the iae oi h
man beings free by and by law above the cons-
linn: but sent back nevertheless claimed and manaced TO
slavery and stripes And the latter refresh themselves
frD
outponrnss philanthropy; mingng all the while their
unahenas at which they call man catching with the
most hord and proane obugaons OF the Christian SAD
bath and indeed the whole Divine Revelation They sane
,lv their philanthropy by irreigon and proianity they
manifest their charity by contempt OF God and his command
ments. u,.
Ii is well inquire what foundation there for all this
rhapsody opinion and all this violence In conduct what
and how many the instances OF the seizure oi fugitive
slaves which persons have seen, which nave nap
pcned in New England in their tme And what have been
the Of injustice cruelty and atrociy allena
inc them To ascertain the truth in this respect lave
made dgen inquiry Of members OF Congress from the SIX
New England States On subject SO general cannot De
sure OF course that the information received entirely ac
cuate and therefore, do say that the statement whch
am about present may be relied as altogether correct
bur suppose that it be materially erroneous Inc
result then all learn is this No seizure ni an al
legged slave has been made in Maine NO seZuc Oh an
alleged fugitive slave has been made in New iamp-
shire No seizure of alleged fugitive slave mas ever oeen
made in Vermont No seizure Of an alleged fugitive slave
has made in Rhode Island within the last thy years
No seizure alleged fugitive slave is known 10 nave oeen
made in Connecticut except one about twenty nVo years
aro and in that the immediately discharged
for want of proof Identity Some instances OF the SEIZURE
of alleged fugitive Slaves known 10 have occurred In
this generation in Massachusetts, but except their num-
her and their history is uncertain; that took place in
Boston twelve fifteen and IN that case some
chaaby disposed persons offered the owner sum OF mo-
ney which he regarded less than half the value of the
he and the dis