The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-26

OF NOkTH CAkOilhA,
On the Slavery Question dsfiesred the Senate, Tues
day, March 10, 1850
Mr.. BADGER resumed and concluded as follows;
Mr. PREsIDENT In saying, sir, that the redelivery Of
fugitive slaves subject the same rules as the suIren
der Of fugves from justice and was so treated BY the
constitution, and by the trainers Of the act of l793
did not of course. intend to say that the cases Were ~
all respects, in all subordinate particulars IDENTICAL WIN
each other but that they depended upon the same gene
raj principles and liable, according to the view OF
the framers OF the constitution and OF that ACT 10 s-
liar mode Of proceeding and that claim fo me return
of fugitive of either class not to be submitted 70
the decision OF a jury. Nor when said that 4 was
to be determined upon prima tac,e evidence, da
mean that was TO be decided upon slight suspicious OF
remote probability meant ths that il was not case
to be determined upon what is called technically Ju
proof that amount and stringency OF evidence upon
which q final judgment passes, concluding the whoe
matter Of right and mean sir, to say that 70 require
such proof would be inconsistent with the whole OF our
legal notions and the practice Of all our Judicial rbu-
nails Jures are never empanneled to pass upon ques.
ton OF right between parties except when the determi
nation OF that right and the Judgment following upon II are
to be decisive settlement OF the questions at issue
Nothing, in my Judgment could be more absurd--mean.
ing by that term utterly inconsistent with all our legal
notions and modes OF procedure-than TO say that q
question should be determined BY jury in the State OF
New York or the State OF New Hampshire, and a
Judgment passed upon that determination and inn
mediately afterwards be made the subject Of re-ex-
animation between the sane parties m another Juris,
dictiOn where what had been 50 determined would
not be admitted and ought not to be admitted, as
even primG facs evidence Of the truth. The tribunal
proposed by the amended bill OF the honorable senator
from Virginia lMr. MAsoNl Is fair just and adequate y
consists 81 commissioners appointed by the courts OF JUS
ce, by judges separated from all the ordinary influences
which may pervert the Judgments OF mem and because
selected by and aenabe TO such judges the commission
ers themselves will be removed from such Influences Inc
Judges themselves hold their Offices BY an independent
ienure and have compensation Deyona ,ne leaea @ ,
States cannot be supposed TO have any unfair bias against
the claimants OF freedom and may safely De trusted with
the selection of commissioners these commissioners M
.vaotran trad n UI
facts as sworn in affidavit nor are they bound BY the
form and appearance OF any technical evidence Ihey
il is true but still 10 hear and deermnenot upon er
parfe evidence. according to adavlts m prescribed
FORM but upon all the evidence submitted by both the
parties The evidence is 70 be directed 10 the three I'M
poant facts in question First, is the person claimed
fugtivel Has he actually come from the State whose
cizen claims to have him surrendered I In the next
does the person SO claimed service or labor in the
State from which he has fled In the third place, is that
service or labor which he owes due to him who makes
this claim Upon the establishment OF these facts TO the
satisfaction of the commissioner the surrender is TO be
made. Il is not, therefore, the ordinary case. The
surrender is not made upon that degree OF evidence
on which one charged with crime may be arrested and
bound over for trial For that purpose even prina face
evidence is not required but reasonable ground OF suspi
cion is enough. -
for and under the bill will be required But full proof
is not and ought not to be demanded SO far as know
il required and, in my judgment ought never TO
Gus
final discrimination upon the question, and settle 1t upon
its merits between the parties forever This proposed
enactment is, therefore, well-considered and Well
guarded provision preventing, far as human foresight
prevent IT, a reasonable apprehension oil injustice
fraud oppression. II is certainly free from the OBJ
jecton raised by the honorable senator from New Hamp
shpe, lMr HALE,1 that under its operation, resident
person, citizen Of of the northern States, might be
seized and transferred to the South one held 10 service
and labor there II resident or citizen, his residence or
citizenship must be capable OF easy proof before the
commissioner who is to hear and consider all the evi-
dence. -
This bill is by no means liable TO misappeaon to
improper purposes the conventions for the extradton
of criminals between the United States and foreign
countries See, sir, how easiy-more easily, certainly
than this b-hese exadltlon treaties might be used Tor
purposes for which they were never designed In the
treaty between Great Britain and the United States one
Of the offences for which fugitive s to be delivered up
is assault with intent to murder Now, we know
that according the law Of that country well as our
own, assault made upon public officer while in the
discharge OF his public dues ii intended TO produce
DEATH likely to produce DEATH is deemed an assault
with intent to murder. Suppose, then, that IN the midst
OF these political exciemens that continually agaiing
the popular mind in lrelandhe people Of Ireland seek
ing after what they demand as justice from the British
government, what Great Britain refuses 10 grant them,
denying II to be justce-there SHOULD be committed
assault upon public Officer charged with the execution
Of the laws by an Irish maconen who should make his
escape this country and suppose that he reclaimed
upon an affidavit, sworn in Ireland, charging him with
the offence under the treaty. and the law 10 carry into
execution, he must be surrendered And, when carried
trial for political offence. to which the treaty does not
extend and to which this government never would have
consented 10 extend III
consider therefore, Mr. President, that the amend.
ment which the honorable senator from Virginia [Mr.
MAsoNl proposes introduce substitute Tor that re-
ported by the Judiciary Committee, s in its general scope
and provisions free entirely from objection II here are
any amendments in matters oil detail which may seem
10 require hey easily be ngraed upon IT. And per:
nit me- while am upon that subject, TO say, as think
say with confidence, mol only for myself, but for
every senator from the South, that there be any por
ton OF that bill liable 10 just reasonable exception,
likely 10 give opportunity for any successful iraud 20
trap any person who is free into state Of bondage,
10 give encouragement or assistance 10 kidnappe,
we viii not only gladly support but shall be prompt
10 propose every proper amendment Neither we nor
our constituents desire aught but what justly belongs TO
us We wish bill which will insure the return OF
slaves and not endangef The rights Of freemen And
look with horror upon every conriyance or attempt to
bring TO the condition Of slave any man who is now
free
Yes, sir, and will say, after practice OF more than
thirty years at the bar in n slaveholdng State that
have never known nstance-that have never heard
Of instance in which an action was brought by
black man against his supposed MASTER for the purpose
Of trying the question Of freedom slavery, in which
there the slightest ground TO suspect untarness OF
bias against the plantH; may say, on the contrary
that il there be any leaning the minds OF our Jurors,
s in avo OF him who, upon probable grounds, sets up
the claim OF freedom speak with entire confidence OF
these matters, as they in my own State and pre-
sumo what s true OF North Carolina true OF every one
OF the slaveholding States
Several SENATORS Certainly certainly; everywhere
Mr.. HALE. The sympahies Of the people are against
Mr. BADGER. No, sir; they are in exact accordance
with the law The hearts OF The people are in favor OF