Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1850-12-04

slavery has been entaed upon them by their forefa
tharsi and this, too, with knowledge that the con-
sequences of these assaults must be place in peril
their personal safety, and that of all they hold most
dear on earth. repeat that this constant agitation
must be arrested by the firm determination and reso
ute action of the vast majority of the people of the
North5w are known to disapprove it, or the saori
ice OF our glorious Union may and probably will be
at last the consequence.
shall proceed to present to you some views upon
ahe subject of the much<misrepresented agtve-save
law. 1t is now evident, from all the signs of the
6mes that this is destined to become the principal
snbect of agitation at the next session Of Congress-
and 10 take the place of the Wilmot Proviso. Its
total repeal OF Its material modification will hence
fpsard be the battlecry Of the agators of the north
A4d what is the character of this law? ltwas
passed to carry into execution a plain clear. and
mandatory aprovison of the constitution, requiring
thatthe fugitive slaves who fly from service in one
Estate to another shall be delivered up to their mas
ters. This provision is explicit that he who runs
may read. No commentary can present it in stron-
ger light than the plain words of the constitution. 1t
is well known historical fact that without this pro-
vision the constitution itself could have existed.
How could this have been otherwise2 Is it possible
for moment to believe that the slave States would
have formed union with the free States if under it,
their slaves, by simply escaping across the boundary
which separates them, would acquire ali the rights Of
freemen? This would have been to offer an rresist-
slaves
cipitate themselves upon the North. The federal
constitution therefore, recognises in the clearest and
most emphatic terms the property in slaves, and pro-
tects this property by prohibiting any State into
wh:cl slave might escape from dischargng him
from slavery, and by requiring that he shall be de-
livered up to his master.
But, say the agitators, the fugitive-slave law,
framed for the very purpose of carrying into effect
express provision of the constitution, is itself
constitutional. shall not stop to argue such point
L.
The law, in every of its essential provisions, is
the very same law which was passed in February.
1898. by Congress-, many of whose members had
come fresh from the convention which framed the
federal constitution. and was approved by the Faith
er of his Country. If this be so it may be asked,
whence the necessity of passing the present law p
Why not rest upon the act of 1893? This question
is easily answered. The act of 1898 had intrusted
its own execution. not only to the judges of the cir
cult and district courts of the United States, but to
town corporate. The decision of the Supreme court
of the United States in the case Of Prigg the Com
monweath of Pennsylvania deprived these State
magistrates of the power Of acting under the law
" hat was the consequence? Let us take the State
| of Pennsylvania for example. There were bu
three individuals left in the whole State who could
judciay execute the provisions of the act of 1893
the circuit judgesand TWO district Judges. Two o.
these JUDGES reside in Philadelphia, and Of them
in Pitsburg-a distance of than three hundred
in many-indeed. in most-cases could not havt
been executed, for want of officers at hand.
thus became absolutely necessary for Congress te
provide United States officers take the place of ht
State magistrates who had been superseded. With
! out this, a constitutional right would have existed
with no adequate means of enforcing it. The fugi
tive-slave bill was passed chiefly to remedy this de
feet, and to substitute such officers, instead Of thu
State magistrates whose powers had been nuli6ed
under the decision of the Supreme Court.
x.r~ %b4.v
legislatures, avaling themselves of the decision
the Supreme Court and under the deep excitement
produced by the agitation of the Wilmot Proviso
passed laws imposing obstacles to the execution o.
provisions of the constitution for the restoration o.
fugitive slaves am sorry, very sorry, to state tina
Pennsylvania is among the number. By our act o.
Sd March, even the use of our public jas is denied
for the safe custody of the fugitive; and the aile
who shall offend against this provision is deprived
his office, and is punishable with heavy fine and
disqualification ever again TO hold similar oface
The two principal objections urged against the fu
gitive slave law are that it will promote kidnapping
and that it does provide trial by jury for the fu
gitive in the State to which he has escaped. The yer!
reasons may be urged with equal force agains
the act of 1898; and yet it existed for more thai
| half century without encounterng any such oh
| jections.
In regard to kidnapping. the tears of the agtator
altogether gronndess. The law requires that tn
fugitive shall be taken before the Judge commiss
tion of the magistrate, the identity of the fugitive
that he is the masters property and has escaped from
! his service. Now, I ask, would kidnapper eve
| undertake such task Would he suborn witnesse
to commit perjury, and expose himself to detectio
before the judge or commissioner, and in presence
| the Argus eyes of noL-slavehoding community
whose feelings will always be in favor Of the slave
No; never. The kidnapper seizes his victim in tn
silence of the night, in IA remote and obscure place
and hurries him away. He does not expose himse
to the public gaze. He will never bring the unfortu
nate object of his npactv before commissioner or
| Judge. Indeed, have recollection of having hear
read of case in which freenan was kidnappe
/ under the forms Of law during the whole period
more than half century since tbs act of 1898 wa
passed.
But it is objected to the law that the fugitive is M
allowed trial by jury in the State to which he ha
escaped So has always been under the act of 49,
and SO it is under the present law. fugitive frol
labor is placed npon the very footing under tn
constitution with fugitive from Justice. Does
| charged with the commissions Of crime in Maryland
| fly into Pennsylvania ! He is delivered up. upo
proper evidence, the authorities of the State fro
righ, to demand trialby jury in Pennsylvania Ma!
more: under extradltion treaties with foreign pow
| ers, does man charged with crime committed
4 England or France fly to the United States9 He
delivered up to the proper authorities OF the counts
i from which he fled, without trial by jury in tn
country. Precisely the same is the in regard
fugitive from labor, Upon satisfactory proof. he
delivered up without trial by jury. In the eonsi
tuition he is placed upon the very same footing vii
4 fngitives from justice from other States and BY trea
he is placed upon the very same footing with fpe
II tives from justice from foreign countries Surely Il
fugitive slave is not entitled 10 superior privi.eg
Il over the free white man, When he returns to Il
State from which he has escaped, he s there en,it
10 trial by jury. for the purpose Of deciding whet
!, er he is free man. believe every slave State h