The miners' express. (Dubuque, Iowa) 1849-1854, 1850-05-29

| AA u uNiA "a Satisfactorily Lie GULL
mttee, avaiing themselves of the arduous and
valuable labors of the Committee on Territories,
report bill, herewith annexed, (1narked Az en-
| braclng those three measures, the passage of
which, uniting them together, they recommend
to the Senate. -,
"The committee will now proceed to the con-
sideration of, and to report upon, the subject of
persons owing service or labor in one State es-
Gaping into another. The text of the Constitu-
tuition is quite clear: mo person held to labor or
service in one State, uudcr the la1os thereof, es
Gaping into another, shall, in consequence Of a
my law or regulation therein, be discharged from
such service or labor, but shall be delircred up
ION the claim of the party to whom such service
'or labor may be due Nothing can be more ex-
pllclt than this language-nothing more manifest
than the right to demand, and the obligation to
deliver up to the claimant, any such fugitive
And the Constitution addresses itself alike to
the States composing the Union and to the &C.
neral Government. If, indeed, there were any
difference in the duty to enforce this portion of
the Constitution between the States and the
Federal Government, it is more clear that it is
that of the former than of the latter. But it is
the duty of both. 1t is now well known and in
contest!ble, that citizens in slaveholding States
encounter the greatest difficulty in obtaining the
benefit of this provision of the Constitution
The attempt to recapture fugitive is almost al
ways subject of great irritation and excitement,
and often leads to most unpleasant, if not peri
lous, collisions. An owner of slave, it is quite
notorious, cannot pursue his property, for the
purpose of its recovery, in some of the States,
without imminent personal hazard. This is a
deplorable state of things, which ought to be re-
medied. The law of 1898 has been found Who'll
ly Intellectual, and requires more stringent en-
actments. There is, especially, deficiency in
the number of public functionaries authorized to
afford aid in the seizure and arrest of fugitives.
Various States have declined to afford aid and
cooperation in the surrender Of fugitives from
labor, as the committee believe, from 1niscon-
ceptionof their duty arising under the Const-
tuition of the United States. 1t is true that de-
clslon OF the Supreme Court of the U. States
has given countenance to them in Withholding
their assistance. But the committee cannot but
believe that the intention Of the Supreme Court
has been misunderstood They cannot but think
that that court merely meant that laws of the
veral States which created obstacles in the way
of the recovery of fugitves were not authorized
by the Constitution, and not that State laws af-
tordlng facilities in the recovery of fugitives
were forbidden by that instrument.
"The non-slaveholding States, whatever SYM
pathes any of their citizens may feel for persons
who escape from other States, cannot discharge
themselves from obligation to enforce the
Constitution Of the United States All parts of
the instrument being dependent upon and con-
nected with each other, ought to be fairly and
justly enforced. If some States may seek to ex-
oncratc themselves from one portion of the Con-
stitution, other States may endeavor to cvade
the performance of other portions of it; and thus
the instrument, in of its most important
provisions, might become imperative and inval-
id.
"But, whatever may be the conduct of indi-
vidual States, the duty of the General Govern
ment is perfectly clear That duty is, to amend
the existing law, and to provide an cffectual re-
medy for the recovery of fugitives from service
; or labor. In devising such remedy, Congress
ought, while on the one hand securing to the
owner the fair restoration of his property, etfec-
tually to guard on the other against any abuses
in the application of that remedy.
Gin all cases of the arrest, within State, Of
persons charged with offences; in all cases the
pursuit of fugitives from justice from State
to another State; in all cases of cxtraditon pro-
vided for by treaties between foreign Powers
the proceeding uniformly is summary. 1t has
never been thought necessary to apply, in cases
of that kind, the forms and ceremonies of final
trial. And when that trial does take place, it is
in the State or country from which the party
has fled, and not in that in which he has found
refuge. By the express language of the Con-
stituton whether the fugitive is held to service
or labor or not, is to be determined by the laars
Of the Statc from aohich he fcd; and, consequent
ly, it is most proper that the tribunals of that
State should eXpound and administer its own
laws. IF there have been any instances Of a
buse in the erroneous arrest Of fugitives from
service or labor, the committee have not obtain
ed knowledged ofthem. They believe that none
such have occurred, and that such are not like
ly TO occur. But; IN order to guard against the
possibility of their occurrence, the committee
have prepared, and herewith report, (lnarked b.
d q section to be offered to the fugitive bill now
pending before the Senate. According to this
section, the owner of a fugitive from service OF
labor is, when practicable, to carry with him to
1.-THE State in which the person is found, a record
4 from competent tribunal, djudcating the facts
ofelopement and slavery, with a, general de.
scription Of the fugitive. This record, properly
attested and certified under the official seal Of
. the court, being taken to the State where
the person owing service or labor is found, is to
be held competent and sufficient evidence of the
lfacts which had been adjudicated, and will leave
nothing more to be done than to identify the fu-
gitive. 2gEtth entire 7's ~ ltR'lns - '..s
ssNumerous petitions have been presented,
praying for trial by jury, in the case of arrest
Of fugitives from service or labor, in the nom
slaveholding States. q 1t has been already shown
that this would be entirely contrary to practice
and uniform usage in all similar cases. Under
the name Of a popular and cherished institution
AN institution, however, never applied in cases
of preliminary proceeding, and only in cases 81
final triaI--there would be a complete mockery
of Justice, SO far as the owner of the fugitive is
lconcerned. Ifthe trial by jury be admitted, il
Il would draw after it its usual consequences, OF
continuance from time to time, to bring evidence
!! from distant places; of second or new trials, in
cases where the jury is hung, or the verdict is
set aside; and Of revisas of the verdict and con.
duct Of the jurors by competent tribunals. Dur
ling the progress Of all these diatory and expen-
d sive proceedings, what security il there as to the
custody and Forthcoming of the fugitive upon
their termination? And If, finally, the claimant
should be successful, contrary to what happens
I'm ordinary litigation between free persons, he
Iwould have to bear all the burdens and expense
lof the litigation, without indemnity, and would
Ilearn, by sad experience, that he had by far bet
tier have abandoned his right in the first instance
!, |than to establish it at such unremunerated cos
! land heavy sacrifices. y. I. ..a .s
/ "istit, whilst the committee conceive that
/ trial by juryiinfa State where fugitive from
service or labor is re captured, would bea virtu
f al denial OF justice TO the claimant ofsuch fugi
) tive, and would be tantamount to ! positive re-
fusal to execute the provision Of the Constitu
ul t;rv, the aafIte Obieetnna do not aDnlv "a nuc