The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-11-09


Trial by Jury is eoncensed ~ tSls''
for these two causes- the habcas eorpm and
the right OF trial byn iury--tle common council
have pronounced the law Unconstitutional and
VOID, anu declared that Il ought not b. rrspec-
ted by an enlightened community. lhaye shown
that neither Of the objections rrc true in point of
iack, and that if they had taken the trouble In
read the law before they nulliiied il, they wouYd
have avoided the mistake into which they have fai-
len. have spoken Of the acts of the citv council
IN general ter,s, and il may be inferred that tho
vote was unanimous. take pleasure in stating
that learn from tee published proceedings, that
there was barely quorum present, and that Al.
drrmen Page and William voted IN the necatiyc
Having disposed If the two reason. assignea
by the city council for the notification Of This law
shall be greatly indebted TO any gcn,lemanprc-
sent who will point ont any other objection 10 Tho
'aw which does nat apply with equal srce To tiio
old one. My o',Trt IN drawing the parallel BE.
tween thsnew and ol,l law is His: The law of es
was passed by the patriots ans snges Who framed
our glorious constitution. have alwavs teen
fought to believe that they were men vested in
the science of goycmment--devotediy attached
to the cause of freedom and capable of coIstr,int-
the constitution in the sliirtin which they nia,ie
It. That act has been acquiesccd in and enforced
for more than half century, without murmur
or WORT Of complaint in the part Of the country
where resided lrepca,Will any gentlemen
be kind enough 10 point out any objection TO thu
new law, which might not he urged with conal
property Ia the act of 93. -
Here gentleman rose and called the nt,cn-
ton Of Mr.. Douglas to the penalties 10 the sew
rnth section OF the new law, and desired to know
u There were any such obnoxious provisions in
the old one lie then read the section as fol-
lows: -
SEC. I. And be il further enacted. That nnv
person who >hall knowingly or willingly oist,uct.
hinder or prevent such claimant, lis ngcnt. or at
t"rhry, or any person or persons lawfully assi,t-
ing him, her, or them from arcstnr such furi
tive from service or labor either with or without
process as aforesaid; or shall rescue or nttempt
to rescue such fugitive from service or labor. nom
The custody Of such claimant Lis or her agent, or
attorney or other person or persons lawfully as
S''nS rs aiorcnid, WHEN so arrested pursuant Ia
ue "n'ho'i'y herein given or dcclaicd or shall
ad, abet, or assist such person 50 owing service
or labor as aforesaid either directly or INDIRECTLY
to escape from such claimant. his agent or nt,or'
nry' or other person or persons legally nu,horiy-
ed ns aforesaid. or rre-habor 4 conceal. such
fug'ives so ms 10 prevent The discovery and arrest
ol such persou, after notice or knowledge Of tho
iac' thnt such person WAS fugitive from service
or labor, rs aforesaid shall for either of said Of
fences he subject to fine not exceeding one thou.
San' dollars, aud imprisonment not exceeding six
months, by indictment and conviction befute tL.
District Court Of tile United States. for the dis.
t'ict IN Which suci offence may have been com.
pi'ted, or before the proper Court nf crminnl IN.
risi'hon, If committed within any me of the or.
gahlzcd territories of the United States and
shall moreover, forfeit and pay By way of ciyil
damages to the party injured by such Illegal con,
duet the sum Of one thousand dollars for each
fugitive 80 lost; as aforesaid, to be recovered by
acton Tor debt in any Of the District or Terrific.
rml Courts, rs aforesaid, within whose Jurisdiction
the said offence may have been committcJn
Mr.. Douglas then read the 4th section of tho
Old law, and proceeded to draw the raralle, be.
tween them. Each make it criminal ,iI,pco I,
resist the due execution of the law-to knowing.
y anu Willingly uLstfuct or hinder the claimant
III tfc arrest Of the fugltivc-.o rescue such fiIe,i
tive from the claimant when ariested-tp Larbor
or conceal such person after notice that he or she
was fugitive ftm lb1r In tlis re.pect the
two laws were substantially the same in every
npoit'ln. particular Indeed tie one was nj.
most literal copy of he other. | conceive az
no net which would be IN offence under IN. onr
that would not be punishable under the otLer-
IN the SPEECHES last nigl,. great importance was
gwen to tie c'an'c Which makes il IN ofrtrce TO
harbor OF conceal fugitive You were told that
you could not co,le the mixed, nor feed the hun.
cry, nor exercise the ordinary charities toward,
suffering humanity, without ncurrng tie pcnalty
oi tne law. Is tins u true construction of that
provision The law says that You shall fnotl
haroor or conceal such fgiiiye 80 as 70 pre,ettLo
discovery and arrest Of such person after notice or
knowledge of the fact That such rerson wa. fr.
gl'ive from service or lGlor as aiore mid" Til,
does nor deprive yon Of the privilege Of es.enl
ing charities to the fugitive You NAV feel him.
ciothc hlm--may lodge him. provided YOU do not
harbor or conceal him, as 10 prevent discovery
ana arrest after notice or knowledge that lie /. n
iug'tivc. llis Is thc construction put up,Il tI,,
snme provision IN the Old law by Tie Liphcst in.
diciIl tribunals in the land And III cIarne 10
The jury IN recent ca,' Judge Mclean, Of the Su
rremc Court If he United States, has prunnunc.
Ell the same opinion ~ clear and explicit ,e,,n,
The only difference between the old law and N,
new one N respect TO obs,ruciing lis execution /,
to- be 'und IN the amount of tie pcnalty and
not N the principle involved But il is Objected
that The hew law provides in addition to tL,. pe,
rhy Tor a civil suit ft,r damages TO be recovered
Wy an ac,nn - debt IN any Court hayin. iuris,!ic.
non o, the offence. This is true: but It i. also
uGe that similar provision is 10 he found in lie
old law The concluding clause in the last s,,
W
atty may be recovered ly and for the benefit nf
such claimant, by action of debt, in arv rroner
court to Try the same sc,;ng, moreop,r, 10 Me
person etdimi"y ach iojor az arpic,, his rjohk Of
act'o" FOR or on acccpH'y tie said i,Juriss or a.
Mrr IF Nca' ''' -
Is there any other provision of this law upon
which an explanation is dc>,cdi
n gentleman present asked an explanation Of
the object and effect of tie record of court from
another state, provided for in tie 10Th and last
section VI the net w
am glad, aid Mr. D, that NY attention has
been called 10 that point; for heard con.truc.
tIon given TO it in the speeches hs entirely dii!e.
rent to the plain reading and object of that pro.
vision. II is snid that ,Ii~ provision Of The law
authorize. tie claiman, 10 60 hef re C,u,t Of
kerord Of the State where he lives, and there Is.
tabIlsh by erpnrie te''ii cny, in Tie absence of
he iuSliwcs, the fact oi scrvitude. ownprslip and
ESCAPE, and that wlcnarccord Of those facts slnu
have been nntr containing minute d,scription
o' the slave i sholl lc conclusive eydcu,. a.
gainst person corresponding to that descrip,ion.
arrested IN another State, aud ,hall consirn die
person so arrested 10 perpetual servitud. Tie
law CuntClNt'0tps no ,r,l 4 pr ,,,, ,,b ,,....I