The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-07


lei the inquiry be made there Have you no condenc
in the tribunals of those States under whose laws the,
are claimed g be held in seryude i is not qnes
ton sir, whether there is confidence in those tribunals O
not The question Is one affecting the liberty oil an ind
vidual who has right to remain where he s, and TO as
sert his freedom in the State where ne happens to be
until his right is dispoved by evidence. But he is no
demanded for trial He will have trial il delivered tc
the claimant II he is in truth freeman. and known te
be so by his Pursuer he surely be taken to any
State where he can have the benefit or opportunity o
another trial He will be sold into some remote part o
the country, where he will be surrounded by friends
who aid him in establishing his claim to freedom
where evidence will be aainable 10 sustain IL where
every presumption would be that he is slave, and where
in addition the certificate OF the postmaster collector
accompanying the sale would in all probability be deemed
quite sufficient to doom him to hopeless bondage Il has
been said by humane judge that it is better that ninety
nine guilty persons should escape punishment for the
transgressons than that innocent man should snfe
unusty II thai be so in regard to those who are charged
with crime, with how much more proprietyi may II DC
said that it better that nneynine bondmen held IN in
voluntary servtude should escape than that freeman
should be made slave, or one Tree woman be sufren
dered up to the uncontrolled will of master
L. sir it be so important in the free States to have an
independent Judicial tribunal to settle this question why
il not equally in other States, where every coorec
man is presumed to be slave
Suppose that freeman from the State OF Connectcu
and the case has actually occurredpusuing his lawful
business Mariner goes into one OF the ports OF South
Carolina and is there seized, not because he has commit
ted or is suspected OF any cme but Tor the mere color oil
his skim and imprisoned The master OF the vessel refu
to pay the Jail fees that endeavored to be exored
from him. and leaves the unfortunate freeman ncarcera
ted in jail from which he has no hope OF dejverance
until he Is sold slave, under the statute law OF South
Carolina, for the payment OF his jail fees Suppose this
free citizen thus sold into slavery to have succeeded in
Gaping and to have found his way into another State and
to be there pursued BY the person who bought him as
slave Will not that freeman be entitled to have the ques-
lion OF his freedom tried where he is seized, before
tribunal competent to decide it! Must he submit to the
decision OF some inferior executive or ministerial ocer
in State where perhaps, similar law exists and who
would OF course recognise the validity OF the sale No,
sir he has right to demand OF the government OF the
United States, who have volunteered in the performance
OF this duty, that they shall give him an opportunity Of
asserting bis rights before competent judicial tribunal
where he shall have the measure OF justice to which
every free citizen is entitled Sir this is hypothetical
case. Many years ago received letter from gentle
man, distinguished officer in the service OF the
United States, then residing in Louisana enclosing
commission to take testimony to prove the freedom OF one
OF my own tOwnsmen, who, prosecuting lawful voyage
mariner, arrived in the port OF Charleston, and was
there seized imprisoned and sold as slave, and had
been taken by his purchaser 10 the slave market OF New
could prove his freedom He was native of the State
OF New York, but had sailed voyage after voyage from
New Haven The commission was sent to obtain the ev-
dence necessary establish his freedom. believe he
ultimately liberated through the humane exertions OF
this gentleman, who interested himself in his behalf.
Bnt sir, what feeble chance would negro, unpro-
eced, under these circumstances, have OF escape IN
foreign jurisdiction, hundreds OF miles distant from the
place of his residence, surrounded by no friends and
knowing individual who would volunteer to aid him
TO New Orleans had been retained by bis purchaser IN
Charleston and had escaped and found his way on board
of some vessel to Connecticut. Suppose he had been
there pursued and claimed held 10 involuntary ser
ytude under the laws of South Carona is he TO be sent
back to South Carolina for trial Would he be likely Ia
get justice there to obtain deverance from those who
appointed to administer the very laws under which
free citizen had been sold into slayery-laws which
passed. and have been continued, IN disregard oi
the constitutional obligations OF the State towards the
citizens OF other States No, sir; If that man had
returned 10 Connecticut, and when there in the bosom o.
his family, had been pursued and seized he would
have been entitled before he could have been taken from
that State, to trial OF his right before some judicial rbu
nal competent to administer JUSTICE under all the forms
and solemnes, and upon all the substantial require
ments OF evidence required in courts OF justice
This law OF South Carolina enacted long anterior
to any Of the imputed aggressoas BY the free States
the rights OF the South find, sir, in Nes's Register
under the date of September 1922 an opinion delivered
by Judge Johnson, heu distinguished judge OF the Su
preme Court OF the United States, native OF South Caro-
lima, in the of British colored seaman, who had
been seized and imprisoned under this law in which h
much TO say il will not bear argument; and fee
myself justified in using this strong language from con
sderng the course OF reasoning BY which has been de
fended'
Mr. Writ. then Attorney General OF the United States
whose opinion in regard to the consttutionaly OF th
South Carolina law was required by the President
consequence OF the remonsrance OF the British govern
ment who complained Of il as in violation OF The treaty
declared il to be unconstitutional in terms equally deci
sive. That law, SIR, is in these words:
dmd be il rfhr enacted the authority aforesaid Tha
IL any shall into any or harbo OF this Stat
from any other State foreign port having on board an
color cooks Stewards or mari
ners, any other employment on board OF said vessels
such negroes persons OF color shall be liable 10
seized and confined in ia un said vessels shall clear
and depart from this Stats and ,ha when said vessel
ready sail the captain OF said vessel shall be bound
carry away said free negroes or persons OF color,
pay expenses Of his detention; and in case OF hi
or refusal so to do be shall liable be Indicted
and conviction thereof shall be fined in not les
than one thou,and dollars and Imprisoned not less tha
months and such FREE negroes or persons OF colo
conformity provisions o the passed te 20th da
OF December, eighteen hundred and twenty aforesaid"
Yes, SIR such FREE negroes and persons OF colo
"shal be deemed and taken as absolute SLAVES, and so
in conformity the provisions OF the passed tn
goth day OF December, 1920, as Aforesaid This is tn
law OF the State OF South Carolinaa State which ha
so loudly complained Of the northern States for the
fulhment oil the duties imposed upon them by the con
s,ituton in regard TO the surrender OF fugltves iron
slavery But sir, this is not all The State OF Massa
chusetts, few years sncein the year 1874, II recol
lect rightdesrous OF testing the validity OF this law
injurious and oppressive TO her citizens engaged IN com
merce and navgation-sent one OF her most respecte
and esmable czens-a gentleman Of bigh-bred courtes
and honorable department, lawyer OF emnence AT tn
| Massachusetts bar, who had been distinguished as
member OF the Congress OF the United Sates-to Sou
to enable her to vindcae before the Supreme Court
the United States the claims OF her free cooed citizen
to the protection guaranteed TO them by the constitution
0u his ARRIVAL at Charleston he communicated in respect
fu terms 10 the governor OF that State the object oil hi
mission; and within day or two after, IN pursuance
the spirit II not in accordance with the direction Of
act or resolution passed by the general assembly OF III
lence II he remained from her limits, accompanied by hi
accomplished daughter descendant of OF the faith