The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-29


for either Of The said offences L,rei, ana pay "a,
sum Of five hundred dollars. Mhich vessAliF aMy
be recovered by and ior tho bennilt ~ suck iMiin
ant, by action of debt, la ANY cDaft pE,es ~ NY
the same; saving, moreover, 10 this Vefpln giaial
ing such labor service hs right 81 Action fs ~
on account Of, the said injuries either ~ ibtFa
[ [Approved february ~, lfss ~
Ii will be observed that la neither II fe tNo casss
does the law provide for the trial " ANY gecsiisE'
whatever by jury n the State la which tlic arrest y
made. The fugitive from justice u 90 b. dcliysrs.
on the production vi indie tInebt, oF regular
affidavit, charging the party with haxisg commit
ted the crime; and the fugitive from seryice io
be removed 10 the State from which he hed, ap0l,
proof before any authorized magistrate In chs state
where he may be found, either by witnesses 90 al
dayt, that the person claimed doth service the
party claiming him, under the laws III the state
from which he fled. I'm both cases. the proceeding
Is TO be preliminary and summary, in boih cRses,
the party is 20 be removed to the State from ntch
he fled, that his liabilities, and his rights, may ala
be there regularly tried and adjudged, by the ir.
bunals OF that State, according 10 its laws la tc
case Of an alleged fugitive from Justice charged
with crime, il is not To be taken for granted in tc
State to which he has fled, that he Is guilty. Nor
IN that State is he TO be tried, or punished Tic Y
only to be rcmited for trial 10 the place from which
he came. In the of the alleged fugitive from
service, the courts Of the State in which lac il
rested not to decide that, in fact, in law, he
does owe service to any body. He, too, is only to
be RENTED for inquiry into his rights and their
proper adjudication, TO the State from which hr
fled, the tribunals of which understand lie laws,
and are in the constant habit Of trying the qucs-
ton OF slavery or no slavery, ON the application oi
individuals, as an ordinary exercise Of Judicial
authority There is not slave State in the Union
in which independent judicial tribunals not al
ways open To receive and decide upon petitions
applications for freedom; nor do know, nor have
heard il alleged that the decisions Of these trbu-
nails not fair and upright Such Of them as I
have seen eyince, certainly these qualities in the
judges.
This act of Congress, Of the 18th Of February
1893, appears to have been well considered, and to
have passed with little opposition. There is evi.
dence, known to me, that any body at the time re-
garded any of its provisions as repugnant TO reli
gion, liberty, the Constitution, or humanity. The
two Senators of Massachusetts,, at that time, were
that distinguished legislator and patriot Of your
own county, George Cabot; and that other citizen
Of Massachusetts, among the most eminent Of his
day for talent purity of character and every vir-
tue, Caleb Strong. Mr. Cabot indeed, was one of
the committee for preparing the bill II appears to
have passed the Senate without division In the
House of Representatives it was supported by Mr..
Goodhue, MIR. Gerry, both then, believe, Of your
county of Essex, (Mr Goodhue, afterwards n Sen
ator of the United States, and MIR. Gerry, after
wards Vice President Of the United States,) MIR.
Ames, Mr.. Bourne, MIR. Leonard, and MIR. Sedg-
wick, all members from Massachusetts,; and was
passed by majority of forty eight to sepen; OF these
seUen, one being from Virginia, one from aryland,
one from New York, and four from the New Eng
land States; and of these four, one, MIR. Thacher,
from Massachusetts.
am not aware that there exists any published
account OF the debates the passage of this act.
have been able to find none. have searched the
original files, however; and find among the pa
pers several propositions for notifications and
amendments, of various kinds; but none suggest
ing the propriety of any jury trial in the State
where the party should be arrested
For many years little or no complaint was made
against this law, nor was it supposed 10 be guilty
OF the offences and enormities which have since
h.kap h.r for f,tar-
pose of complying with direct and solemn in
junction of the Constitution; it did no more than
was believed to be necessary To accomplish that
single purpose: and il did that, in cautious, mild
manner, TO be everywhere conducted according 10
judicial proceedings
confess see no more objection to the provisions
of this law than To them by Mr.. Cabo,
and MIR. Strong, Mr. Goodhue and Mr. Gerry; and
such provisions appear to me, they appeared "a
them, to be absolutely necessary, if mean to full
I'll the duties positively and peremptorily enjoined
upon us by the Constitution of the country. But
since the agitation caused by Abolition societies and
Abolition presses has, to such extent, excited the
public mind, these provisions have been rendered
obnoxious and odous; unwearied endeavors have
been made and but too successfully TO rouse the
sions of the people against them; and under the cry
of universal freedom and under that other cry, that
there is rule for the government of public men and
private men, which is Of superior obligation to the
Constitution of the country, several of the States
have enacted laws 10 hinder, obstruct, and defeat
most of their power. The Supreme Court of the
United States has soemnly decided, that il is law
ful for State officers and State magistrates TO fulfil
the duties enJoined upon them by the act of Con-
gress of l793 unless prohibited by State laws; and
thereupon, prohibitory State laws have been imme-
diately passed, lnflcting fine and imprisonment
on all State officers and magistrates, who shall pre-
sumo to conform 10 these acquisitions of the act o.
Congress. And these prohibitory and penal laws
of the States have rendered it imperative on Con.
gress 10 make further and other provisions for car
rying into effect the substantial intention of the act
of 1893. And this is the of the introduction
into the Senate, of bill the subject, recently
by the Committee the Judiciary. Notwith-
standing all that may be said by shallow men, ig-
norant men, and tactious mcn-men whose only
hope of making, or of keeping, themselves conspc-
uous Is by incessant agitation and the most reck-
less efforts TO alarm and misguide the people,
know Of no persons, in or out of Congress, who
wish any thing more to be done the subject OF
fugtivcs from service, than what is essentially nc
cessary, in order to meet the requirements of the
Constitution and accomplish the objects of the act
Of Congress Of 1893 And whatever enactments
may deem essential to this purpose, ], for one,
shall certainly support, feel bound to do, by my
oath of office, and by every consideration of duty
and propriety.
As have already said, the act of Congress o
1898 made provision for any trial by jury in the
State where the arrest of fugitive is made have
considered the subject with conscientious desire
to provide for such Jury trial. If possible, in order
many difficulties, however, attending any suct
provision and main one, and perhaps the only
insuperable one, has been created by the State.
themselves, by making it penal offence in thei
own officers 10 render any aid in apprehending ol
securing such fugitives, and absolutely refusing
the Of their jas for keeping them in custody
till jury could be called together, witnesses
moned, and regular trial be bad. II is not toe
much 10 say, that to these State laws is 10 be attr
bucd the actual and practical denial oftrial by jury
in these cases. These ill-consdcred State laws !
is which have absolutely refused the alleged fug
tive, as the case now stands any trial by Jury, by
refusing those aids and facilities, without which
jury trial is impossible.
But, at the same time, nothing is more false thar
that such jury trial is demanded in cases of th
kind by the Constitution, either in its letter il
its spirit The Constitution declares, that in al
criminal prosecutions there shall be trial by jury
the rcclaimng Off fugitive slave is not a crimina
prosecution.
The Constitution also declares, that in suits a
common law the trial by jury shall be preserved
the rcclaiming OF fugitive slave ia not suit at tn
common law; and there is other clause or sen
tence in the Constitution having the least bearin,
ON the subject.
have seen publication by Mr.. Horace Mann,
member ofCongress from Massachusetts,, in whic
find this sentence Speaking of the bill before tn
Senate, he says "This bill dcrdes the trial by jur
secured by the Constitution. man may not los