Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-11-01
FUGITIVE SLANH L.AW.


FUGITIVE SI.AV;. LAW.
pH.LAnEiriI,. Der. p. lS5O.
Dear :'if Ny oii"in engagements have hnc,rd
1ying mat prompt attention IA thu contents letter oi
It. 2?i nsi, which il wo"!l otherwise have received
Until informed by You, unable apprchend what
ssshlr cause could DC assigned Tor hc unmcasrd drnnn
'nDns with which The art concerning The IgivcS from
abnr passed ni the last session of Congress- has been
dyed hy many persons i'll the Nnrhcrn portion o!
lhon. Although ii woui b. improper for 10 volunteer
t!a ndci" orninns upon doubtful questions of conaiuc
on 0 public statute, vet opinions expressed by The
oIri the late ras" oi Henry firnctt. which though
Of lh'n oSiessrd seem ~ mr nrapa5c of dispute,
ave aay tendency 10 nisapp,iensians and caim In"
nh:c agitation IN THIS -nsJect, an perfectly Willing 70
lac them.
In the OF ilrnrlr The warrant issued by The cour;
ls lni;lt. III, All ia;it c the alleged ol the
hive. Bur ION the tiai hearing before Iic Court after
arrest, this affidavit not received i'll evidence
the counsel for the claimant insist that i should he
we'd The claimant ha.. wholly ncg.rci. 10 MAKE the pro-
proof bclr,rc Cpr Judge in Maryland 10 csal-
the fact that lic nf II slave person held 10
or, and what mas The nar age, siAr ard other nlFns Of
sh person. and at ihr person dc.fit' had escaped
ha>iag a.aicd himself The privilege md facilities
ZEN him hr The of Congress for this purpose VIZ dcc
that hr be bound by the common law rules OF cs
dee in other cars where title 10 property has Ia be
tahs,l before Cou W. refused L. receive The Ilrt!'e
nlec rs witnesses, and wills and other dlcn:cnIs oi
it, unless proaerly proved
The r"n.g giaes a tial and decision al tho Court
Judge, involving questions both Of lass and fact and nm
e. III" lcs ii ic roumon law a 10 evidence be follow
d. when changed by statute the iauna would be with
fnl Governed only by caprice underlined da,f ton,
which would be- ihe rycrrs" o yrannical, not Juaici!
Dover II j. r ,: o tive Judge who exercises H. IT, rem
lei equn lsic" both the claimant and the person clain
ed. If evidence ina side cny, and that, too,
without r-sifd ans uis principle known 10 The liw,
5ru,s oppression and wrong would how upon H. Free men
and citizens g" rrEns yans might he kidnapped into boa
dl. under iul. oi nH an! 5y TIE ar.!"n ni legal bn-
nal, sworn Ia u equal and exact isca IL al men hi'
much mnlisn'd law nt rny gives ri.l" h"'r' h. II
tribunal helc the claimant !c authorized /" carry i
alleged fugitive =; Stn'c hli IL nhrH awns tran s
prisoner !iI which .n "auil have rEi"N'd before tma
set ri tan?:ca. MA passed.
In al al rN's"I,n the cyi!'i'r f'i'i-li;'5 iia
offence a. o liz resln cn;tn'r'l Is s:'s h'''
in n cn,.nry from which H. rfahn fi:i .i IN ii-
cnpcd and necessarily j.ris a: ihr re question t'
BE- decided by ne lranal before whom H. Is brought PIE
yotsiy Ia akng ode. -: ~ rNi'adi'';n Is "ny thf
question Identity The ?riy Icninnsed it- nit, Vi
conrsc show that hc not ,hc person y 9cil'c n; II
h. he The person described H. his light 10 claim niy
tria as 10 the question nj his G!i. ii Ii" country 10 Which
he has escaped The question "i irny anl whether me
person claimed is aur Tie treaty between Inc 'w
countries requires b. delivered up l5 always been tf'
sinna; and without lie intervention oi lmfy A"con
n,in has ever brcn made wien he haN' been sent 10
Europc on a demand f., their rSlIalan, without @vlng
them jury iril; ard ";y gaer !'.""e ~ t'iS mattel
should be- granted corcd parsoE Is not easiy p;'rsed
The State o Pcnn'ysaia c''rareS lniy 'fl 10 er o%.
citizens TO persons wo CHARGED With ''I'''Ins IN
offence within i,, borders. Fng.tl:rS nom anothff STATE
nave such rights
The government which the fugitive bc!ngs' II Is 10 DC
prts ,rnu will 10 justice In f SUBJECTS "r e.iiIhS ana
wc her try do So not concern oi ours lloweSc
individuals MAJ fancy !ay have mission TO recnly al
wrongs the face of he eah, the State OF rennsyvani
does not feel herself bound I" TIE }uiXouc enterprise u
aycnoinp the opprcsn scr in Russia ar Slaves IN '2oT
rn This Of Congress does not REQUIRE tnat lha"t
should without trial surrender citizen oi rrnnsylIh u
kidappr The provision that in no i!la or hearing, IN
jer this ACT shall the csfi:uy .! s iGilve &c .'eo
IN evidence is than the enrichment o. an establish
principle Of the common ltw that II" man sia' ,e WI.
ness i'm his this provision were o i'll tat act
woul not receive the testimony III The prisoner To prove
that he the person described, %: that he was ies
man. II would be temptation 10 perjury when no lfon
oo should permit 10 be presented 10 nEy man. No lawyer
would urge before a Court such absurd construction Q
the net Congress as hn means that no evidence shouf
he heard on the part of tie alleged fugitive II such we'
the intention ii the legislature il ensy 10 express u
uneauvoca terms In truth there il nothing eq'ivoc' u
The language of tine act-l orbids the mage 10 i'n' '
monv Of the fugitive, bnt nat The testimony ol
ted witnesses. II almost seems 'a' n@'hn ~"
10 render the law odious for the sake oi poIlical
J ever have led 10 so gross msconstruciion' ana 81
,reat libel on nur national! legislature :. ., "a.
has been objected also this law, that II suspcnas h
tbeys ,orpys nct-nasmuch as enacts that the cccai
Of The Judge or commiss ,nrr, shai or conclusive Vi M
rirht of The persons in wh ,se iivor grah''', 10
fugitive, and shall prevent all nolesall"h Vi Se PEI
nersons bv nnv process issued by any court ]ade I'M!
trltr or other person whonsocycr bu' ti: y ~
The truth is that this provision ol me iw @' ~
testimony OF the fugitive ID be Teceiveu anu WV, M m
,erfpreuce By other process after certificate Is on '
,rtmect of an established principle ut III" common lH' I
r through extreme canton, but wholly
w,it of hahsas corpus undoubtedly an iiiihieul
for ersry illegal imprsoaneni; but no imp;is'n - =
lcra when the process is justification oi tle oill "
process wleher by writ warrant IS leaa', "'ie
no, defective in the frame Of it, and has s'ea ~ NV Wv
narv course Of Justice from court or masis!ra!e j.
risiclion Of the subject matter (common"eu''h
Iecsy Waits, 61.) os ;,do
4 nnrson held ns fugitive under The ccfhcate VI J''t
or marisrate under th. ac is legally impi'sons '. W.
procrss .irom court magistrate having Jnsai'.o @
cannot be released by any Other court OF ~
writ of habeas corpus homine rtPieE'dHi0 i"n -, 49,
lIa2 has no such provision that wnich Is " w w;h .
c,arllni in tie present yet in the c'e ol r,
Deacon Is Seret. and tawle, 62l the supreme Io" @
PENNSYLVANIA decided that Il certificate un ier tha uc
ena warrant 10 remove The fugitive to the STATE Of @
ani 10 writ Of hom;n> rrfesando would lie ion ; ;am
Court 10 try the question of freedom; anl tha' VII WI
under such circumstances tin violation Oh 'e "o
| iniinn of the United States" ,o.o =,
The chief difference between the ugiti'e act .. ~, - ~
that of 1893 ;s TINT the former allows waf!hnl -
ty udre and the arrest 10 BE- made by rn'ii': :s
r,3oscs more stringent penalties on NOS, VINO ~,
violence 10 prevent the execution OF leg proc. .o,
who believe that ihr constitution and la"S oi t' i i
should be regarded and ohcyed have no ,nnd OF eo
and those who do not will continue 10 rl al o,' & 10
am happy 10 SAY that my brother Aane, lus .9,,
with me in the views here express am VIZ -
IT, y0nrs &c
4 To CHARLES GIBnass, Esa.
Il NV YnRy. Der. 2e-Mr. James Bowen mas acSep' S
that bird