Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

as there ID p0snbiy that they may occur, long will
there be oppoon the seizure and abduction of
gtves in the summary and irresponsible manner provided
for 10 this bill And this leads me- to say one word more
believe in all sincerity that fugitives from labor and
service would be recapusd and recovered by their
under law providing for trial by Jury than under the Law
of l793 the law which the Senator from Virginia has
submitted to consideration. And why would il be 10
because all laws depend in small degree for their efficiency
upon The public sentiment of the State the community in
they are to be executed If there be strong sense Of
the injustice and oppressveness Of any particular provision
OF this law of any other there will always be more
- es On opposition to its execution On the other hand
should be inserted in this bill like those proposed
~ me Senator from New Jersey which cannot but accord
wn ne sense OF justice and the strong opinions
gn OF the communities in which this law is to have its
as and effect, believe would in most cases be
h sS our and that more fugitves from labor would
DC % their under its operation than have been
opinion : no. - = ny o~n nones'
AZ any rate sir. shall vote for the amendment offered
whatever may be its effect am in favor Of RECOGNISING hs
night OF trial by jury in all where question Of
hoery Is concerned hope the amendment will ba saoptad
D9. not snail oer one myself which sAal at least pro-
Of this kind and that the certificates Of these
shall not prevent review of the question by some "a
sponsible magistrate than is provided for in this bill
M. BUTLER ! have no idea Of occupying the time Of
me Senate yield TO the suggestion of the Senator fro
Georgia that should take the vote without protracted de-
bate But perhaps is proper should put this matter Il
right point Of view as regards the States from which we
come had occasion to refer to this matter the chairman
the COMMITTEE on the Judiciary found In the course Of
my Investigations statute respecting the penalties for kdnap
ping, and supposed till then it common offence every
that free men taken and subjected to slavery
y inquiries satisfied me that no case had occurred none
was brought to my knowledge venture say that since
e law Of ISL may safely make the broad assertion that
not single has occurred where person has pursued and
nken Iuguve. or person IS fugitive. who not his
property Or the property Of one for whom be acting
an agent. a s6#a
MI DAYTON Will the Senator allow me to interuDt
him suppose he will admit that there have been great
many where persons graa, hayepursued
fugtives, and made claims for hem and have not got
them
Mr.. BUTLER All yes
. Mr. DAYTON He has no doubt about that I suppose !;
and where the judicial finding is that is slave
the claimant attempting enforce false claim That
IS the only evidence we can have. There have been many
cases Of that kind
Mr. BUTLER. That is what have already urged
am not Of those who distust judicial tribunal under the
direction Of judge and think that generally jury would
do right but where there is occasion for jury can see
no necessity for it and could necessity for it
this case where one not called for in the Of fug
tive from justice.
Mr.. WALES I can, state that within year or ayear
and half there have been cases-one least within nv
knowledgein which persons who not the Of
slaves took persons and attempted to carry them away by
force
Mr. BUTLER Slaves?
Mr. WALES. They were claimed as such. Understood
the Senator to say that he did know instance where
persons had been pursued and claimed slaves when they
not
Mr.. BUTLER My inquiry was whether case was
known OF person claiming, owner, agent for
the owner slaves property for themselves when really they
were not their owners, did not have competent authority
to act for the should like know if there an
instance of any having pursued free and claimed
him contrary to the fact presume there would
say that the relation between the master and the slave not
understood in the free States has been said that the rea
ton entirely absolute This is not always know
many instances and presume you do Mr. President where
slaves by given TO perhaps to be used
only for his benefit in particular manner know Of many
cases where they are thus given, with express direction
also that they shall not be subjected to hard labor In
such that presume this would be the state Of feel
ing The slave himself would say, he chose to avoid any
not be worked and jury organized by the provisions Of
this amendment would discharge him, if he escape
and be brought before them.
But, Mr.. President allow to say one thing further;
that requiring jury in free State to decide upon the ea-
ton Of master and slave implies distrus Of tribunal jury
in slave State from whose hands he could escape
wish to make my avowal that this is i'm
preston be formed The inference is entirely unjust
think can state, that far relates TO those who
gentlemen, they look upon kidnapper in slave State with
more scorn than almost any other class Of what
ever any one were to, undertake to make free negro
save and he bring his claimed property before Judge
the negro would be discharged once, while execraions
would follow the man who should attempt such grevous
wrong the crowd would be against him. The writ Of habeas
corpus is as free there in the free States and the writ would
be allowed with guardian Of the person claimed
in free State But this requiring the trial to be in free
State implies that the would not be fairly tried in slave
State That would be entirely unjust. can
sty for trial by jury in free State for there has
occurred in twenty years where person has been claimed by
another as his master, when he was not
Mr.. WALKER. The inquiry made by the Senator from
South Carolina is an interesting and may be well that
we should give instances which may remember in answer
to it. remember which happened few years since.
in Pennsylvania The person claimed female, and
pursued from the State Of Maryland. She was taken,
ton in the Of Pennsylvania in which it
tanned that she was the child Of poor Irish parents, who had
been but short time in the country and that her mother
had died in the hospital at Baltimore.
Mr.. BUTLER Was she white ! 1r y.
MI. WALKER. She was. That is Another
similar took place in the city Of New Orleans The
Of deceased person be sod and, among the
other property number Of slaves brought upon the
stand. Aaer few had been sold, the bystanders
shocked ahe appearance the stand of what seemed to
be very pretty white girl She about be sold but
kndheared and noble citizen Of New Orleans nteered and
had her taken from the hands Of the auctoneer On in
vestgaton appeared that she orphan child who
had been brought up among the slaves Of the estate The
Of the slaves when he took her. in good circum
Stances and designed to educate her but when bis ccum
stances changed she neglected and became associate
Of the slaves about the premises and when he died she
gaded Of them The matter investigated and it
was decided that she free. This is in slave
State, which comes within the principle referred to by the
Senator from South Carolina. This was attempt to
kdnap but we the danger that persons who free
in OF falling into the category of slaves When mentioned