The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1850-11-06
THE FUGITIVE SLAVE Law.

upee 'eSilnony ~ ihgOr 0i his freedom. lie
flowing is Judge Grier's reply:
r PhiladtIl hia, Oct. %, 1850. 4
Dear Sir.- .E
My official engagements have hindered me
irum giving that pronlrt attention 10 The
copte ents ot yuur leaef % the 22d inst, which
il otherwise would have received.
Dutil in1urmed by you, was unable TO ape
preciaIe what possible cause could DO assign.
the act concerning fugiiives from labor, pas
sed at lhe last session of Congress, has
been received by so many persons in the
nolthern portion Of the Union. Although iII
would be improper for me to volunteer extra
judicial oPiuiuns upon doubtful questions of
construction of public statute, YET if any
opinions expressed by the Cnurl in the late
case Of uenty Garnetl, or which, though not
then expresseG, seem to me incapable of dis.
pule, can have any tendency To correct mis-
apprebensons and calm the public agitation
on this SUBJECT, | am perfectly willing to state
them,
In the case Of Garneti, the warrant issued
by the Court was founded on the affidavit OF
the alleged owner Of The fugitive. Bat ION
The trial or hearing" before the Court, after
The arrest, this affidavit was nnt received in
evidence, nor did the counsel for the claim.
ant insist tha, il should be received, The
claimaMt had wholly neglected to make the
proper proof beiore s0me Court or Judge in
Maryland TO establish the fact that he was
owner Of slave, or poison held 10 labor, and
what was the name, age, or other marks OF
such person; ; aud lhat The person 50 described
had escnped. MOI having avalcd himself of
the privileges aud facilities given him by The
act Of Congress for this purpose, We decided
that he mpst be bound by the common law
rules of evidence, as in other cases. where n
little of property has TO be established before
a Court. We refused TO receive the parties
in interest MS witnesses and wills, and other
documents Of title, unless properly proved.
TIE net contemplales trial and a decision
of the Court or Judge, involving questions
both Of law aud Iact, anl unless The rules OF
the common law, as TO evidence, be followed
when not changed by statute, the tribunal
would be without rule, governed only by ca
price, OF underlined discretion, which would
be toe exercise of a tyrannical, not a judi
cial power. II is the DUTY of The Judge who
exercises, to render equal justice both 10 the
claimant and The person claimed. IL evi>
dence were heard ON one side only, and thai
too, wi,hou, regard 10 any rule OF principle
known TO the law, gross oppression, and
wrong would flow from il. Freemen and
citizens Of Pennsylvania might be kidnapped
into bondage, under forms Of law, and by
The action .. legal tribunaI, sworn to du
equal und exact justice to all men. This
much mnli2ned law not only gives trial
before legal tribunal, before the claimant
can be authorised to carry the fugitive out oi
the State, but it takes away from the prls,
oner no night which he woIld have enjoyed
before the act Of Congress was passed.
In all cases Of extr,diction, the evidence
establishing the offence and escape of the
person demanded, is usually made in the
country from which the person demanded
has Q; capped. and 10 necessarily er parte, and
the chief question to be decided by the TIL
buDal before whom he is brought, previously
10 making an nrjer for his extradiction, is
only the question Of ideLtity. The party
demanded has right, Of course, 10 show that
he is not the person described. But II he
be the person described, he has no right 10
claim Jury trial as 10 the question Of his
guilt, in the country 10 which he has esca"
ped. The question of Identity, and whether
the person claimed is such one as the
treaty between the two countries requires
TO be delivered up, has always been tried
summariIy and without the Intervention OF
jury. No complaint has ever been made when
white men have been sent 10 Europe, on 4
demand fur their extradiclion, without giving
them jury trial; and why greater privileges
in this matter should be granted TO colored
persons, is moi easily perceived. The State
of Pennsylvania guarantees n Jury illal 10
her own citizens, or to peTsous who are
charged with comm thing all offence wihlr
her borders. Fugitives from another State
hive no such rgh's. The government, to-
which lac tnglive belongs, il is 10 be pre-
samed, will do justice to its own subjects or
citizens, aud whether they do so or not, is no
concern Of ours.
However. individuals may fancy they have
a mission 10 rectify all wrongs Oh the face of
the earth, tie Sthe Of Pennsylvania does not
feel herself bound 10 the Qnixotic enterprise
Of avenging The oppression Of serfs in Russia
or slaves in Georga. This act of Cungress
d. % ne: require that Judge should, without
trial, surrender citizen of Pennsylvania toI
a kidnapper. The provision, "Ihat in no
trial Or hearing, under this act, shall the tes-
limony of such fugitive be admitted in evil
denee.n 10 no more than the enactment of an
established principle Of common law, that no
man shall bear witness in his own cause.
Ii this provision were moi ia the act, would
not receive the testimony of the prisoner of
prove that be was not the person described,
or that hs was Zee man. II would he
temptation 10 perjury, which no tribunal
should permit 10 be presented 10 any man
No lawyer would urge, before Court, such
en- absurd construction ofthe act Of Congress,
as, that il means that no evidence should be
heard on The part Of the alleged fugitive. III
such we're the intention Of The legislature, il
was easy 10 express lin u1eqnvocal tenas.
10 truth, there 10 no'hIng equivocal in the
language Of the act :--it furbids the Judge 10
hear the testimony Of the fugitive, but not
,he testimony of d,sinterested Witnesses. I'll
aimosi seems that nothing bui desire TO rem
der the Iaw odious, Tor the sake Of political
agitation, could ever have led TO so gross
msconstSUction, and 50 great libel on our
national legislature.
Il has been objected also TO this law, that
II suspends the hsbeas corpus act,--inas>
much as II enacis that tho certificate Of the
Iuaae- or Commissioner. ushnit he eoucIu