The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-28

ton hold, therefore, that we are without power TO
\ pass this part Of the Sd section OF the act
But there another provision in the section and that
that the mashals shall have the power IN certain cases
to call assistance for purposes therein specified Sir, this
marshal has already the power call an such
as he may require for the execution OF his duties This
80 section Of the bill is then in its parts unconstitutional
The 4th section is obnoxious to the same criticism ap
Piled to the preceding. only with increased power and
marshal OF deputy within ten miles. the person issning
The warrant shall appoint some fit person TO execute II
and deliver up the fugitive with all the powers TO- cali
this subjects the section to the remarks which have ap
piled to the preceding 1t develops, in its
fullest extent, the incongruous character Of this law
toms. and others, who have never perhaps seen The in
side OF lawbook in their lives, TO exercise high Judi
cia you then propose 70 authorize them 70 name
call 70 their assistance any other persons to aid them
TO carry their extraordinary powers into execution
pose the United States pay all the expenses and
costs.
The fifth section i mere increase Of penalties upon
though in point Of fact the penalties severe enough
now, enforced; you only incyeass the difficulties ofa
recovery by enlarging them now submit 70 honorable
senators, do you believe that this laws or any law like it.
can be carried into effect through the agency Of such
trbunali You will increase, rather than dminsh your
difficulties Upon each arrest and trial there will be bnt
repetition ot scenes of confusion. exaspeaton and
excitement You are taking the wrong course You
endeavOrng 10 augment your chances OF recovery by in
You should instead Of this, elevate the character and
standing OF persons to be selected as agents That s
the only mode in which we can ever expect to succeed
in enforcing the provisions of the constitution. You
must lodge this power in the hands OF those whose posi-
ton and character will make that power respected. You
catch and reclaim M your fugitive criminals without DIM
governors order for the delivery Of criminal, no
thinks Of interfering with the authority Of that dstn
guished official II you will conhde this affair OF fugitive
Slaves 10 the district and circuit judges Of the United
States courts or even you should extend those COM
nissioners Of the United States courts who may be ap
pointed with their consent from the Judges OF the supreme
courts Of the several States you will be able, have
doubt to secure the execution Of your law. Such per
Sss ss q ess
you put this power in the hands Of great number OF
petty commissioners, you will inevitably surround its ex
ecuion with new and augmented difficulties. You do
not need an agent stationed at every crossoad through
the free States for the purpose OF catching your fugitive
slaves Southern men do not 60 into the free States to
be taken the wing it is gone they first ascertain
where he is or obtain some knowledge OF his where
abouts locate him. and then 60 for the purpose Of arrest
ing him. There is, therefore, no difficulty in their arm
ing themselves with the proper process beforehand
whether there be five fifty persons charged in the State
with the execution Of the law for delivery Of fugi-
are legslatng with view to finding facilities to run
your slaves out Of the free States, though they were
conrdbdd goods, to be the border In the face
OF revenue officer. is false principle OF egslation
and proceeds upon an entire mistake as to the feelings OF
cur people
Of adording the fugitive slave trial by ory the most
strenuous objections are made to the proposition And
the honorable senator from North Carolna lMr BAD;
legal acumen took occasion TO- say that the granting OF
such trial would render the whole remedy Of the slave
hoS aSd the s dsy s
was equivalent to the denial Of all remedy 10 the master
for the recovery Of his slave was surprised. sir to
of the subject when declare that jury is, in my judg
ment, thousand times better tribunal than that OF any OF
the petty officials your bill proposes 70 create not better
say thai after jury has rendered its verdict
and an order for delivery and removal is made, that an
appeal or certora Or writ Of error y g oe provided Tor
upon the claimant Not at all mean that the verdict
q the Jury shall be final and conclusive respects the
question then and there submitted and that the order for
delivery be based thereon That s now the law Of New
Jersey first enacted in 1885, and again in 1846
jury be summoned in an hour; there Is no harass-
pense about il Il is simply the substitution Of another
tribunal 10 the place OF the judge or commissioning who
has been proposed to ry the questions Of iaa Nor DO
would before Judge or commissioner. You have 70
prove exactly ths same thing-nohing more less q
North G Carolina say % that this s change Of ysaas and
implies an insulting dstrust Of their courts With all
respect sir assert that il s nothing Of the kind LISA
to Try the question OF fact The finding Of that trbu
nal and the finding OF the Judge the commissioner,
has the same effect, and Other They investigate
the same maters-decide upon the same evidence, and
YOU have to prove before the one than before
the other How, then, be said that is change
Of venues The finding Of Jury and the judges order
thereon for delivery has no effect upon the question OF
the abstract right Of propeyj but 10 effective then and
ss and for the purpose only contemplated BY The con-
Of il But suppose, after finding in the fueves favor,
he return TO The State from which be fed could he plead
the verdict denial OF the order Of delivery In bar OF the
claim OF the master bis service Or II the verdict were
ia favor Of the claimant could that IN southern state
TO which he might return with his slave vest title Al ne
had none beforei Would II bar the negros claim In
your courts to his freedom Surely not It's conciu-
sivs only for the purpose which s then and there under
consideration verdict is not ON general principles
peadable In bar il the judgment alone which has tnat
effect and in this CASE that consists OF nohng Du' an
order for delivery jury, under these circumstances
is anything but Injurious TO the interests Of the CLAIM
ant. or insulting, supposed, TO the rights Of tne
South. ,,.-f
But, sir the whole argument against the allowance Of
jury based upon supposed analogy between ne ,xo
one 10 fugves from justice, the other to fuguves ron
labor NV learned friend from North Carolina MT
BADoERl said yesterday the day before nat me cases
were IDENTICAL How strange that on quesuon q ie9ai
constructions we should 90 widely dberl 10 my mind
the line OF distinction between the two a. bread ana
clearly marked az turnpike. Let us look and zee
whether the argument based upon this position is well
founded Here is one section
aNo person held ~rrics or labor In one Sate &c,
onp,ng into another &c. shall be discharged from such
vice or labor but shall be delivered claim Of the party
70 whom sseh service or labor mag BE- dss."
Now upon this claim Of fugitive slaves, what is to be