Washington telegraph., 1850-06-05


none such have occurred, and that sucl
are not likely to occur. But, in order tc
guard against the possibility of their oc
currence, the committee have prepared
and herewith report a section TO be Offered
to the fugitive bill now pending before the
Senate. According to this section, the
owner of fugitive from service or labor
is, when practicable, to carry with him
to the State in which the person is found
a record from competent tribunal. ad,
Indicating the facts of eiopement and
slavery, with general description 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 labor or service is found.
is to be held competent and sufficient
| evidence of the facts which had been
adjudicated. and will leave nothing more
to be done than TO identify the fugitive.
Numerous petitions have been presented, pray.
ing for trial by jury, in the case of arrest OF
fugitves from service labor, in the non -save-
holding States 1t has been already shown that
| this would be entirely contrary to practice and
tuniiorm usage in all similar cases. Under th.
name OF popular and cherished institution--an
Institution, however, never applied in of pre-
llmlnary proceeding, and only in cases of final
trial--there would be complete mockeiy Of JUS
tice, SO far as the owner Of the fugitive is con-
cerned. If the trial by jury be admitted, il would
draw after it its usual consequences of continuance
from time to time, to bring evidence from distant
places; of second trials, in cases where the
jury lis hung, or the verdict is set aside; and of
revisals of the verdict and conduct of the uries by
competent tribunals. During the progress of all
these diatory and expensive proceedings, what
"A = To forfhco
OF the fugitive upon their termination! And il,
finally, the claimant should be successful, contrary
TO what happens in ordinary litigation between
free persons, he would have 10 bear all the burdens
and expense OF the litigation, without indemnity
aud would learn, by sad experience, that he had
by far better have abandoned his right in the first
instance, than to establish it at such unremunerated
cost and heavy sacrifice.
But whilst the committee conceive tha, a trial
by jury, in State where a fugitive fiom service
or labor is recaptured, would be d virtual denial
OF justice to the claimant Of such fugitive, and
would be tantamount TO positive refusal to exc
cute, the provision of the constitution the same
objections do not apply to such trial in the State
from which he fed In the slaveholding States.
full justice is administered with entire fairness and
impartiality, in cases of all actions for freedom
The person cla ming his freedom is allowed to sue
in f0rma pauperis: counsel is assigned him; time
is allowed him TO collect his witnesses and TO al
placed under bond and security, or is divested Of
the possession during the progress of the trial. to
euGure the enjoyment Of these privileges; aud If
there be any leaning on the part of courts and
Juries. il is always on the side Of the claimant for
freedom.
In Difference TO the feelings and prejudices
which prevail in the non-slavehoIdng States, the
committee propose such trial in the State from
which the fugitive fled, in all cases where he de-
clares to the officer giving the certificate for his
return that he has right 10 his freedom Ac-
cordIngly, the committee have prepared, and re-
port herewith, two sections, which they recon-
mend should be Incorporated IN the fugitive bill
pending in the Senate. According TO these sec-
lions, the claimant is placed under bond, and
quired to return the fugitive TO that county in the
State from which he fled, and there to take him
before competent tribunal, and allow him to
assert and establish his freedom, if he can afford
ing to him for that purpose all needful facilities.
The committee indulge the hope that if the
fugitive bill, with the proposed amendments, shall
be passed by Congress, 1t will be effectua to secure
the recovery Of all fugitives from service or labor,
and that it will remove all causes of complaint
which have hitherto been experienced that ir-
ritating subject But if in its practical operation
it shall be found insufficient, and if no adequate
remedy can be devised for the restoration tu their
owners Of fugitive slaves, those owners will have a
just title to indemnity out OF the Treasury of the
United States.
1t remains to report upon the resolutions in rela-
ton to slavery and the slave trade in the District
Of Columbia. Without discussing the power Of
Congress to abolish slavery within the District, in
regard to which diversity Of opinion exists the
committee are of opinion that il ought not to be
sbo shed. 1t could not be done without indispen-
sable conditions, which not likely to be agreed
TO. Ii could not be done without exciting great
apprehension and alarm in the slave States. IL
the power were exercised within the District, they
would apprehend that, under some pretext
other, it might be hereafter attempted TO be exer-
ciscd wtha the slaveholding States. 1t is true
that at present all such power is almost unani-
mously disavowed and dscaimed in the free States.
But experience in public affairs has too often shown
that where there is desire TO do particular thing,
the power To accomplish it, sooner or later, will be
found or assumed.
Nor does the number Of slaves within the Dis
trict make the abolition Of slavery an object Of any
such consequence appears TO be attached to 1t
in some parts Of the Union. Since the retrocession
Of Alexandria county 10 Virginia. on the south
aide of the Potomac, the District now consists only
Of Washington county, on the north side OF that
river; and the returns Of the decennary enumera-
tion Of the United States show rapid progressive
decrease in the number Of sls yes in Washington
coulty. According to the census Of 1880, the
number was 4505; and in lS40 it was reduced 10
1920: showing a reduction in ten years Of nearly
oae-ihrG II IL should continue in the same ratio,
the number, according 10 the census now about to
be taken, will be only little upwards of two
thousand.
But majority of the committee think differ
emily in regard to the slave ;rade within the Dis
trict. By that trade is meant the introduction Of
slaves from adjacent States into the District, Tor
sale, or to be placed in depot for the purpose of
subsequent sale or transportation to other and DIS
tant markets That trade, ma ajority Of the com,
mitt-e OF opinion, ought TO be abolished
Complaints have always existed against it, no less
the part of members Of Congress from tho
south than the part Of members from the north,
1t is trade sometimes exhibiting revolving spec,
tacles, and in which the people OF the District
have interest, but the contrary, are believed