Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1850-06-06

from sayre The Of the State in which &c Is A.
rested. mol decide that. Ia TACT 10 law he does
service, 10 any body. lie, in. anly o. be rmiii,d
Cor l,qni, into the rights and their proper adili
cation. 10 The ale which b. lied; The tribunals Of wlr
understand Us laws. and in The habit Of Try
ing the qnrslion ef slavery slavery on the hr
p'ical Of Individuals, ordinary exercise If udca
an hnfilY. Iherr is moi slave ATE In the Iuon. IL
which Independent ndirial tribunals noi always o
IN receive AND fecide upon petilns vt applications
for freedom; do know nar have heard it alleged
that the decisions of hese ibnnas are fair aud up
right Such Of them rs | have evlncr, certainly
these qualities ia The judges.
This ACT of Congress, of the II h fe rparr 1903, ap
pears ~ have been well dtred. aud ~ have pa, sd
with little opposition. There IS nc evidence, known {
me. that any body at The time regarded any Of its pro
visions as rcpngnant t. religion. liberty The .nsuOn
~ humanity. The two Senators f Massachusetts al
hat time, that distinguished lrgis tor aud piriu
OF our avn country George Cabh AMI lha her citizen
ri Massachusetts. among The emneu, # Il day iu
al'n purity Of character and evfy srnr Caleb Srg
MI Cabo ndera was me e The committee for pfeprr
ing The bill. II appears 10 have passed lhe Senate with
ont division j. the House u Representatives II was
supported Ivy Mr.. Gopdhao, Mr. Gerry. both lhen, be-.
eve. # ,ouf county II fssrx (Ar Gpndhue afterwards
n Senator OF The | ulled Staes aud Gerry. afterwards
ice President Of the United Sfaes.l Mr. Anes, Nh
Bourne, Mr. Leonard and Mr.. Sedgw lck all mem efs
ttum Massachusetts, and WAS passed by ina rly IT
forty e'gd to seren; IT h'se sercn, being from VII
piha, ne lttn Aaf}lhUd, lftn New M and uuf
ir IN HE New Engsnd Sites and Of hose four one Nj
lhaehor, from Mas chnsclts
am not aware that III re- exists any published account
u the debates "a The passage If this ACT have been
able 10 hnd none have SEARCHED the rrilina files.
however and find am ny The papers raj propositions
lor IN I'd icatlon aud amtldmrns of various kinds bat
none suggesting le popticy Of any Jury r4 in the STATE
whcte The pady h'nld be arrested.
For many years htle con plain made against
this law. non was It supposed Ia br guilty OF the nences
aid enonltes WhIrh have since been chatacd upon Il.
/ WIS passed he pufpise of Complying with a dnc
and Solemn tuiunstien Of he constitution; It did no moe
Than was believed 10 he necessary accomplish that sin
60 pnrP Sc; and II did that in a cau lus mI nlnncr
Ia be every nhrfe conducted according 10 jndsla pro
eecdngs
confess see no m1'c 81 lection Il he provisions oil
this law t)an WIS seen In them by MI Cabot and Mr.
Strong, Mr.. G1fdhno and Gruy, and such provisions
appear 10 M, as lbey Appeared them, e absolutely
necessary, # We 10 fulfill he duties positively nd
prteHParlg 'nIlned upon by The con tuition Of The
country But since The agitation caused by the Abo
ton scletcs anl Abaen presses has tlsurh "a ent cx
cited The public mind, tbs prov i-s have bcol sender
ed "bnNlous aud odous; uncartd endtavus have been
mndr, aud bni too successfully 10 the passions u
the c pie against them; and under The cry Of universal
freedom, ana under TINT other cry, that there rule fl
the government OF public mennnl private lneu ch is Of
superior obligation 10 the constitution OF The country
efa ol The Stats have enaced laws b. hinder obs ruct
ana deitni thu enaclments Of III ac of Congress the
utmost ID Iholr power. The Supreme Court OF The Uni
It'd states has semhly decided Thai II Is lawful for ate
utce~ and State magistrates 10 fuh the duties entned
upon thfn by the act Of Congress a 7q3 unless pro
hhied hy SAFE laws; and thorrnpon pruhib,ry State
laws have been mmineia,ey pissed, nflclug hne aud
lmrfls 'alncnl onsl sale ihcrs anil magistrates who
shall presume Ia conform 10 thosr rquons II The ac'
oi Co"grs' AID these ptehbitory aod renal laws III
The States have rendered II imperative on Congress IL
make iutief and her provisions carry nr niu effect
HE substantial intention ~ tho ia, Andt
tho cnuse Il The introduction into the Sennta Of bill on
ne uWfc' recently by the Comm lee the judiciary
Notwithstanding ~ dat may be said hy shallow men
ignofani men, aud lcii1us mcn-mtn whose only hope
~ nRkng oru s"plog themselves conspicuous IL by In.
eeSsani agitation and The reckless efforts IL alarm
and mizaulde the people. Know Il 80 r.rs,n ~ OF out
81 Ioncrss b. " isii iti7g b. done On The
subject nj tsgiiiyes fem eve th1a what Is essentially
Necessary. ga ordrf = nssi He ,e fe4reus eli the II
su'i,n aid aceanfl-h the r Il the at f Conpres,
OF l7.B. And Niafvtr easc,ments may deem essen.
tla Ia tbs pn'Pse, one shall certainly support ms
heel boond Ia do hg my "a Of Office and by every 9th
ef consideration ol day and pr pretty
As have already said the act OF Congress of 1893
made M provision for any ia by jary in the State where
ihe arrest al fugitive is made have considered the
sugect with rnscirniiuus desire TO provide for srh IN
~ 'nal II possible, IN order 10 ay cxiemen and re-
move "lprcinns There are many difficulties, however
attending any such pfnvlSOn aud a main one, and per
h p The only insupeable one. has been created by the
d'e' themselves, by making II penal offence ~ Their
own "hees Ia render aid IN appchendng or srourinu
s'ch heo'Fes aud absolutely refusing the o their
aus oI k"pHI them IN cuslodv, till nry could be call
go together, witnesses summoned, and regular tal be
had u Is not too much say that to these State laws
Is 10 be attributed the actual and practical denial of trial
oy Jury IN these cases These Ill considered State laws
Is which have absolutely refused the alleged fugitive
as The case now stands any trial by lnry by Ieisinp
those aids aud facilities, without winch, lury ui,l ia
impossible
bo'' Al he same time, nothing is more false than that
Sneh jury 'fal Is demanded IN m this kind by the
CONSTITUTIONS either in lis letter or ia s spirit The CON
situation declares that in all criminal prosecutions there
shall DO tral by Jury; the recalmng OF fugitive slave
Is no, criminal prosecution.
he constitution ais debates that in suits of cnnmon
law The thai by Jury shall be preserved the recamng f
'u2'Ne save Is not SUI; ut the common law; and
nee Is ~ other clause sentence in the constitution
having The least bearing the suhiec'.
have seen n publication by Mr.. Horace Mann a
member OF Congress from Massachusetts in which find
'hls sentence. Speaking Of the hill before the House hs
says MS OIL derdes the trial by jury secured by the
constitution A man may no, lose his horse wi,hou,
right 10 this trial but he may his freedom NJ, Web
ser speaks for The South and Ter slavery not for the n
aud lnr freedom, when he alandons this rpht" Th,
personal viinpeiaon does not annoy me, hut lament Il
see pnhic man OF Ma sachuselts crude and cin see
IN ms legal arprehenslons, and little acquainted will
the constitution OF his country as these opinion cvnc
ME- Mann 10 be- His citation OF a supposed case as il
point nave any analogy 10 the matter, would PROV,
NAV u VII hanns hnrso s'ryed into his nerAbu'
held. he cdHiNt lead him back ,piihout prepios fra
bg jury 10 ascertain The right Truly if " hat Mr. Man,
says oil the provisions of he Constitution in this pubca
ton De test oil his accuracy IN the understanding Of ha
instrument ,ho would do well seek 10 prolee ms me-
GUITAR notions under us saucuu, but appeal al once