New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-08
Tie Fnsiriye slave Law.

er,,g, question, 1t may be wei 70 e@
SUI. Wv jar this law is legal obligation, Or
s'I NC, words. constitutional law. The matter
- =, ~ 5.nosed of briefly, for the question has
nv customary with the advocates OF this lew,
~ ,roloeisipg for it, to compare it to our con
....;oraI proYision for the delivery Of fugitives
;og,;cs. or criminals who have escaped from
';..er States and are lurking in NewYork. They
..n.y cite that case, and ask whether the for
I'm criminal, claimed as such criminal, and
ss;qed in our State, might not demand trial OF
his guilt here, with as much reason as the al.
leeed Save might insist that his pretended mas.
ter should prove his claim before Jury. There
ia hardly enough resemblance between the cases
10 make them analogous. Both depend upon SIN
gle article Of the Constitution and 70 make the
difference between them easily understood, let aS
see the words of this article. 1t 10 the attn aftl
sie of our National Constitution. The I'd section
contains all the authority which we the Peoplej
have delegated to our Congress upon that SUD-
iec, and if this law is not clearly authorized IN
that power Of attorney, it will not bind us, IL
proyides for the capture of two classes OF refugees
These are the words:
$40 rerson charged in eny State win renson feony,
=, cher crc who shal fee from justice, and De lOnnd IN
an0her Stale shall on demand o. Inc fNecp9Ve aullo!y
~ me STATE from which he fed bedellvered up 10 De e-
vowed 10 The State having jurisdiction of he crlnle
az No person held service or abOr III one STATE u'
dor The laws hereof escaping into B2ohcr, shall Ill consc
oucnce OF any law or regulation 'hejelh, pe 20
from such service abOr bni ehall be deveed up on
clam OF the party 10 whom such service or ao"f uy o'
duep
They are obviously two cases altogether diverse
from each other; having different antecedents
and consequences. They are intentionally sepa-
rated in the Constitution, and differ throughout as
widely as crime and service differ.
The second clause of this section relates wholly
to fogitives from justice, refugees charged with
crime. The demand for their capture is made by
the State whose laws they have violated, and 1t
is addressed to our STATE. Its matter between
two sovereign States relative to tue rights OF their
subjects or citizens; and pirate persons make
no caims under that clause. The demand is
(ourded on the charge that the person demanded
has committed crime; and is made solely to oo-
tain means of bringing him to trial. 1t IS not
made usually until the Courts OF the State act
ing through Grand Juries, have pronounced HIM
guilty of some crime, by presenting Dill OF IN
Sictment accusing him OF such crime. The de-
mand or reQuisition is like a bench warrant, run"
mig into our State to bring the accused person
before The proper tribunal for q trial. The pro
ceedipes do not involve any dispute between two
nriyate persons about any particular thing, but
are simply a mode OF arrest founded altogether
uuon the assumption that trial Is to follow this
arrest and determine its Legality by either &C
outing or convictng the person Of the crime for
which he was arrested. 1t is, III short National
Police regulation.
The third clause of this section relates solely
TO persoDs who have escaped from service They
are not criminal and are not captured to be tried
for any crime. They may be claimed as runaway
apprentices, minor children or slaves. The States
III their sovereign capacity, OF IN any capacity
have nothing to do with this matter. 1t is simply
question between A. and B. both claiming 10 be
citizens OF our country and one claiming that the
other owes him a." service or labor. The escaped
criminal is to be delivered up for trial. but the es
capped slave is to be tried before he is delivered
up, Tor that delivery settles the entire question
After he has been carried into slavery he Will
have no opportunity to prove that he IS tree
man, for il is not probable that lbs master VIII
f"-."l kim nnnnny ond c. ''--~ S'aA" 20 "ii45
that question 20 trial. Moreover, he ought not to
be delivered up unless he is Fugitive Slave
and this is q thing to be tried at the time such
claim is made, Now, h0m shall this thing be tried
What rights has the person 80 claimed as slave
He may be black or white-haye a Caucasian
or Congo heal-and y ct be slave. The Actsays
nothing OF his color, ancestry, wealth ortame. tie
must depend on the trial on himself alone How
freedom orsiaveEy
This Act of Congress says any person may so
before any Commissioner appointed by any OF the
Federal Courts any where and clam any body,
and the Commissioner may send the person 50
clained into eternal slavery. This is the language
OF the Act.
SIC g. 4.d be Il .GUt1cr Enacted. That when person
held 10 service labor IN any STATE Territory OF the
United s0les has heretofore or s9 hereafter escape mo
anollt Stale Territory of tie United Sules me person
or persons WlCM such service or abor may dGe or
his her, their agen or Attorney GUY unulo5i2eai ny
power If attorney, in writing kaowitdsed and ceruhed
undt the seal of egul office or Cour OF the Stale or
Iuntory in which Me SAME may be executed may pursue
spd reclaim such fugitive person either ny procuring war
rant from some OF the Courts Judges or Communications
atoresald OF The proper Circuit pislrlc OF county, 2r
bv etillne and arresing chugve where the
ptnon 10 be- thSa forthwith 6ore such Court Judge or
tonussoner whose duty il shah be hear anddeternire
1T case of such claimant III summary tnGner and upon
satisfactory proof beug made by deposition or sifaav ~
writing be tab and certified by such Court, Judge or
Commissioner, 10y othcr satisfactory testimony, uNly
taken ctrGed by Court Magistrute, justice OF
he Peace or other legal officer authorized 10 administer IN
nh euuaitops under the laws of the State or Ter
Fory from hich such person owing service or laooT y
e.c,u.d with certificate such Taglstr6cy or other
sbhorty M otoseid with the scu o the proper Court or
officer thereto altacbed which zeal shall he spfcc 10 es'
,ab6th the competency of The prooi ana whirlpool as0b by
sfdHv of the identity Of the person whose service or Ia
boris claimed be due aforesaid that the person soar
N.td docs in fact service or labor 10 the person OF
persons claiming him her IN the State OF Territory from
winch such fugitive may have escaped as aforesaid ana
that person escaped 10 make ont ana denver 10 euch
eAiuapt his her agent attorney, ceruncaIe setting
forlb substantial 10 the service or labor due from
such fugive to The claimant ard OF his her escape from
The State or Territory IN wnch sueh service or apo was
6ue to the Saie Territory N which he or she was ar
rested with authority 10 snch calma or hs or her agent
or Attorney 10 use such reasonable force ana restrain as
THy be necessary under the circumstances OF the case to
hke and remove such fugitive person back TO the Stale or
Territory from whence he or ste may haveescHped as aore
se0 In triad bearing under this act shall The test
nouy OF alleged fugitive be admitted in evidence and
iAe certificates IN ns and The frs! section mentioned shall
be- cchesre The night OF The person persons IN whose
favor granted such fugitive 10 The Stale or Terri
tetl tOm which he escaped Hld shall prevent all motSta
o OF SAID PERSON persons by any process by any
Court, Judge Magistrate, other person whousoever
There is the law, No jury allowed, 10 witness
confronted with the accused the pretended mas
ter allowed to swear, bat the mouth Of his victim
closed; no Habeas Corpus to keep him, or as the
ACT says, to pgoieSt the master. The certificate"
to be co,.clsS:oe. The is lost L this Con
Nitutional Let us look at our Constitution md
Try this law by its MASTER the Constitution OF the
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