The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-10-10
THE NATIONAL ERA.
WASHINGTON, OCTOBER 10, 1850
THE LAW IN RELATION TO FUGITIVES FROM
SERVICE OR LABOR.

transferred, with or without legal process, to the
State under the laws of which he was alleged to
owe service or labor. The writ of haJeas corpus,
however, could be resorted TO- for the purpose of
releasing him from duress, and bringing him be-
fore legal tribunal, where the validity of the
claim might be tried The person arrestiDg him,
too, was liable to action for false imprisonment
or to the penalties imposed on kidnapping, should
his claim be proven to be false or fraudulent
The act passed by the late Congress is framed
in such a way as to bring the whole power of the
United States into requisition for the arrest and
delivery of fugitives from service labor, and 10
exclude any interposition or interference on the
part Of the State courts or authorities
Under the act Of 1893, any Federal judge is
Rurnorzep. Urn called upOn reSuired. to
issue a warrant for the arrest of an alleged fug-
tive 70 pronounce upon claamNo ms SERVICES. }
aud to deliver him up to the claimant, should the
claim be proved to be valid. The act just passed
extends the power Of issuing process in such cases.
and deciding upon them, to the commissioners ap-
pointed by the Circuit Courts of the United
States, authorized in virtue of such appointment
to exercise the functions that justices of the peace
may exercise in respect to offences against the
United States and to AS many additional COM
missioners as the Circuit Courts may froIa time
to time appoint, with "A view to afford all reason
able facilities for the arrest aud delivery of fug-
tive slaves There is no limitation as to the num-
Der, except the discretion of the Courts--so that
the States may be crowded with these slave
cltchng tribunals
When the trial is held before a Commissioner,
his fee where a certificate is rendered to the
claimant, is ten dollars; where the proof is in
sufficient, and no certificate rendered, five dol
lars to be paid, in either instance, by the claim
oOt. So tb~t Che have siK cases week. he gill
make sixty dollars by finding the proof sufficient
and only thirty when he finds it insufficient. As
be has the sole power Of determining what shall
be considered Satisfactory" evidence, and as
there can be no appeal from his decision, the act
of Congress in this way considerably profrers ,
him a reward for being lax towards the claimant,
and rigorous towards the alleged fugitive.
The Commissioners appointed by the Courts =
may be destitute of all legal qualifcations-in- :
competent to judge Of the nature and value of ?
testimony. Few respectable men will consent to y
become professional slave-catchcrs-to undertake u
the discharge of functions so abhorrent as those
imposed by the office of Commissioner The re- ="
suit will be, that the office will be filled by men =
of disreputable or irresponsible character who ),
will not hesitate to speculate in the business of
slave-catching. :.
Upon such men, equally with the Judges of the :,
Supreme Court, and the Circuit Courts of the .
United States is devolved the solemn responsible "
ly of deciding the great question of Personal Lib
erty-of determining whether man claimed as
a fugitive, be slave or freeman 1t is for them
alone to say what is satisfactory evidence They
may receive fraudulent affidavit, or the testi-
mony Of pcrjured witness, and they cannot be :
held to an account. No jury is allowed to decide
upon the facts. They decide upon the law, the '
testimony, and the facts; acting under no respon-
slbility-for no appeal lies from their decision
and their certificate, no matter though it be out
rageously false, is conclusive prevents any inter
terence with the claimant, by any process issued
Dy any court, Judge, magistrate or other person
whomsoeverp even the Chief Justice of the Uni
ted States
This ia mOnstrous Such IA provision would
disgrace the vcricst despotism in the Old World
1t is manifest that it strikes down every bulwark
of Personal Liberty erected by the wisdom of our
fOreEthers The jury trial, the habeas corpus,
the right of appeal, responsibility of judges
all these safeguards are swept away by this abomi-
nable act
The marshals aud deputy marshas of the Uni
ted States are bound also by the most stringent
penalties, to engage in the work of slave-catch-
ing. If any one of them should refuse to receive
a warrant issued by any of these Commissioners
or to use all proper means to execute it, he is
fined one thousand dollars for the use of the
claimant and, should fugitive after having
been arrested by him, or while at any time within
his custody, escape, whether with or wahom his
assent he is to be prosecuted for the full value of
SAID fugitive, for the benefit Of the claimant
The Commissioners also empowered to an.
point as many persons or runners as they may see
proper, TO hunt and arrest alleged fugitives and
such persons are to receive a fee of five dollars
for every fugitive they may arrest at the instance
of claimant, with such other fees as may be
deemed reasonable by the Commissioner.
When after certificate is granted, the claim
ant swears that he has reason to apprehend the ;,
intervention of force to deprive him of the fugi
tive, the officer who arrested him is reouired 70
employ as many persons as may be necessary to :"
carry him safely to the State whence he is alleged
to have fed-and they are to be compensated for
such services out of the Treasury of the United
States o.
IL has been cOntended that the act assumes that v
slavery exists in the Territories of the United
States. Section 9th provides as follows: Z"
AMI he II fuHher eH0c,fd, That, when any per- o
son held TO service labor in any State or Ter ~
ruorH or in the District of Columbia shall escape b
thererom, the party TO whom such service or la Il
Dor shall be due, his, her their agent or attor- +
ney, may apply to any court of record therein or
Judge thereof in vacation, and make satisfactory u
proof to such court, or Judge in vacation of the
escape aforesaid, and that the person escaping Il
owed service or labor to such party &c. q
1t must be recoected that the provisions of the /
act, although primarily intended to secure the
delivery Of fugitive slaves also embrace, necessa-
riy, the case Of fugitive apprentices OK persons
held to service for term of years The master +
of an apprentice in free State may avail him
self Of the provisions of this act equally with the
master Of slave in n slave State The act there. .
FORE in including States, Territories, and the =
District of Columbia, in its terms, does not .
recognise the existence of slavery in free Terri
tories any more than il does in free States Bad H.,
AS 1t is we deny that it assumes the existence Of
slavery in New Mexico and Utah But if it did, ,
1t would assume fllsehood nor could such an
assumption create slavery where it did not exist
IL Is sufficient for US to know that no person can
make satisfactory proof to any Judge in Utah or I
New MeNlcn TINT he m. .l.u al. -. |