Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-11-23
CHARGE OF JUDGE KANE.

In the United States District Court at Phlladel-
phia, on Monday, the 18th instant, the names Of
the Grand Jurors having been called and George
w. Tryon, Esq. appointed foreman, Judge KANE
delivered the following OPINION, in the form Of a
Charge to the Grand Jury:
GENrLEMEs OF THE GRASD JURr It has not been Gus
tomary this district for years past open the sessions
Of the United States Courts with special charge to the
grand jury The experience Of the gentlemen who have
constituted that body and the weundersood character Of
the few crimes that called for their official notice. have made
it generally unnecessary Circumstances, however, the
present time justify departure from our ordinary practice in
this respect.
You are aware that by one Of the articles Of the Federal
Constitution, il is stipulated that persons held to service or
labor in State under the laws thereof escaping into
other shall be delivered up claim Of the party to whom
such labor service may be DUE This constitutional pro-
vision expanded into details by the act Of Congress Of
the 18th Of February, l793 which empowered the master
his agent 10 seize arrest the fugitive from labor and take
him before Judge of the United States any magistrate Of
county, city, town corporate who, receiving proof Of
the facts either by oral testimony affidavit required to
grant aceri6cae having the effect of warrant for the
moval of the fugitive ea
Il grave defect in thslaw that it left the master with
out the aid Of process in the first instance, to impress the
cusoed legal ormaies upon the arrest which authorized
The capture Of the fugitive being without formal apparent
warrant, the right to make it Of readily, and in
fact often, simulated and the public sympsthies in
quence, enstng themselves naturally the side Of the
rested party the office Of bringing the slave to the judicial TO-
popular excitement The therefore under strong
inducements his slave without seeking The judges
certificates and thus his exercise of legal right made him
still more liable to be COMPOUNDED with the man-steaer and
the man steaer found facilities in masking his crime.
These considerations, some who hear may remem-
Der, entered into the view of the Pennsylvania Legislature
when passed the Of 25h March, 1927. BY that
tute the several judges and Justices of the peace commissioned
by the State authorized to issue warrants, the
pcaton Of the his AGENT under which the
was made by sheriff constable and the hearing took
place before State judges who either gave the cert
hcate recognising his right or discharged the prisoner
By this act Pennsylvania aided effectively for the time in
carrying her constitutional engagement for the delivering
up Of ugives from labor. am not aware that, while it
continued in force, the MASTER in any considerable number Of
cases. encountered difficulties in asserting his right that
injustice done under its provisions any alleged
give; and certainly the peace of tho community
outraged nor the dignity Of the law nsulted they have
been since ny acts and threats of awess II pleased the
Legislature. however, in the spring of ls47, not only
peal this statute but also to nhbt the officers of the Sae
under very stern penalties from aiding the
Congress Of 1888 refuse the of the public
prisons for the detention fugtves from labor and
denounce as misdemeanor any attempt Of the MASTER if at
tended with violence and umul, to seize fugitive, ehe
with without the intention of taking him before Judge Of
the United States COURTS"
It not my Office to make any the spirit the
terms Of this statute Of Pennsylvania but have the gh.
TO say that It's consequences have apparently been
happynjurious to the MASTER perlous the free black
and cooperating banefy, with other causes that
harmony between the States Of the Union without which
Union itself scarcely blessing From the time Of its
actment till the passing Of the recent Of Congress- the
master has been generally advised and think properly
avoid the "tumut and violence" which would follow upon
an attempt to carry his fugitive slaveto the Judge Ptsbug
or Phladepha, and fall back instead his constitutional
night of retaining him without judicial hearnga mode Of
reclamation always liable TO popular msconceptior, and not
subsequently the provocative Of wrong against the party
sorting TO IT, On the other hand the crime Of kidnapping
hee negroes, made from detection by the with
holU
guished him from The wrongdoer, has, if am correctly in
formed been perpeated within borders much fire.
quenty than il before. Fanatics Of civil discard have
meanwhile exoted in the fresh powers Of harm with which
THIS state OF things invested Them and the has been
eonvusod 10 its length and breadth if about be rent
asunder and tossed in fragments by the outbursing Of
volcano
The act Of Congress Of the present year does little
nan renstate the enactments Of the Pennsyan Of
1885, with the sanctions Of law of the Uni ed States II
authorizes the issue Of warrants BY the federal Judges and
the commissioners who exercise the functions of justices Of
peace under the laws Of the United States requires those
ohcers TO hear and adudcate upon the and makes
The day OF the marshal and his deputies execute their pro-
cess Just the Pennsylvania authorized the Sse
judges and justices to issue warrants the State Judges hear
and adudca,e, and the she and consables TO execute.
There are, indeed the only changes Of any which the
oct Of Congress has made Its other provsou except
d mere detail decaraio simply Of the law as Il stood
beor or are IN close analogy to safe and long
usages Such that clause which excu the arrested
misses dispositions and judicial records from the State whence
he fugitive has escaped compeen, proofs question
OF extradon and that which, for the purposes Of
question o. the summary hearing, regards adjudication
made OK pae in the Of that State conclosve the
point inst certain slave has escaped and that the claimant
was MS lawful MASTER leaving open the question Of the den-
dy the pac Such, too, the povs on that the certi-
hcae or warrant Of exadon shall not be hndered delay
90 IN us execution by The subsequent Intervention Of other
COURTS and mat which commands the posse comatus In aid
o. the DINERS who are charged with process.
have been led into these remarks by desire that the
visions Of this act Of Congress should he better
than they seem to have been by some of our czens I'm,
has not been my object 10 discuss policy Il il the law
Its enactment within the clearly EXPRESSED ,os,. ~
Congress- rather in direct obedience 10
mandate, and its policy have nothing to do with here
That has been passed upon by the People and the s,aes
through their authorized representatives Our duty as cit
Is TO obey il frankly and honestly, law of the
land Your duty and mine, gentlemen, jurors and Judge
Is to t. il that is obeyed and that the legal penalties
for violating exaced and enforced, without fear favor
q affection
My Object 10 referring to this act at the opening Of our
BY which its execution may be protected and enforced ugh
the fundamentally OF the grand jury II is not that sppe
bend the constitution the law, still less the Union OF the
States be danger from any perpeiratca likely to
b perpe,rs,ed 10 this district
We here in the midst of a law. abidi community,
which, ssscog literally, trust il always may, the right
Of discsson and tendant right Of political reform
Cards every law, long it remains unreye e upon the
statute book, binding upon the acts and The Of
The whole psopls Ne In community ~hich has here
ofose sad red reputation and repose psihaps than