Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-05-11


Territorial Government for New Mexico without prescrb
ing the limits Of the Territory would leave the work imper
feet and incomplete, and might expose New Mexico to serious
controversy, not dangerous collisions with the State of
Texas And most not ALL the considerations which unite
favor Of combining the bill for tho admission of California
State and the Territorial bills apply to the boundary
question OF Texas by the union of the three measures
every question Of difficulty and division which has arisen out
Of the territorial acquisitions from Mexico will is hoped,
be adjusted placed in train of satisfactory adjustment
The committee avaDg themselves Of the arduous and vau
able labors of the COMMITTEE Territories, report bill,
herewith annexed (marked Al embracing those three
the passage of which, uniting them together, they
commend to the Senate
"The committee will proceed the consideration Of
and to report upon the subject Of owing service or
labor in State escaping into another The text OF the
constitution quite clear No person held labor
vice in State under the aos thereof escaping into
she shall in consequence Of any law regulation theren
fbe discharged from such service labor but shall be deliver
ed up on the claim OF the party TO whom such service or
may be due Nothing can be more explicit than this lam
guagenohng more manifest than the right to demand and
the obligation to d. liver up to the claimant any such ug
tive And tie constitution addresses itself alike 10 the States
composing the Union and to the General Government IT,
indeed there any difference in the duty to eho'cs ih
portion of the constitution between the States and the Federal
Government, it clear that it is that of the former than
of the latter. But it is the duty of both. It is well
known and nconesabe that citizens in slavehodng States
encounter the greatest difficulty in obtaining the benefit OF
this provision Of the constitution The attempt TO recaptue
fugitive is almost always Of great irritation and
element and often leads most unpleasant not perlous
Collisions An of slave 1t Is quite notorious cannot
pursue his property for the purpose OF its recovery IN some
Of the Sta.es without imminent personal hazard This il
depoabe of things which ought 10 be remedied The
law of 1893 has been found wholly eectual and requires
stringent enacments There is especially, deficiency
in the number of public funconaes authorized to afford aid
in the seizure and arrest of fugives Various States bave
declined afford aid and operation in the surrender Of fu
gves from labor, the COMMITTEES believe, fcm miscon
cepon of their duty arising under the Constitution OF the
United States 1t is true that decision Of the Supreme
Court Of the United States has given countenance to them in
Withholding their assistance. But the committee cannot but
believe that the intention Of the Supreme Court has been mis-
understood They cannot but think that that merely
that laws the several States which created obstacles
the of the recovery Of ugves were not authorized BY
the constitutions and that State laws aording faciie in
the recovery Of ugves forbidden by that instrument
"The savehoding States, whatever sympahies any
their citizens may feel for who escape from other
States cannot discharge themselves from obligation to
force the constitution of the United States All parts OF the
being dependant upon and connected with each
other ought be fairly and justly enforced II some States
may seek 10 exoneate themselves from portion OF the
constitution, other States endeavcr to evade the perform
Of other portions Of it and thus the instrument In
of its most important provisions might become inopera
| tive and invalid. +.
s'Bu whatever may be the conduct Of individual States,
the duty of the General Government perfectly clear That
duty is amend the existing law, and provide efecua
remedy for the recovery Of fugves from service labor In
devisDg such remedy Congress ought whilst On the one
hand securing the the fair restoration Of his property
eff cualy guard the other against any abuses in the
| application Of that remedy. -...
In all Of the arrest, within State, OF persons
charged with offences in all Of the pursuit Of fugiives
from Justice from State another State in all cases OF
provided for by treaties between foreign Powers
the proceeding uniformly is summary 1t has been
thought necessary to apply in OF that Kind The forms
and ceremonies cf nal trial And when that trial does
take place. is in the State country from which the rarty
has fed and in that in which be has found refuge By
the express language Of the constitution whether the fugitive
is held service labor not is to be determined 6y the
iacS of the Stale from ,clch he fled; and consequently, it
is
and administer its laws. If there have been any IN
stances of abuse in the arrest OF fugvcs from
labor, the committee have not obtained knowledge of
them They believe that such have occurred and that
such not likely But in order TO guard against
the possibility of their occurrence the committee have
pared, and herewith report, marked b. section, to be
offered to the fugitive bill pending before the Senate
According to this section, the of fugitive from ser
vice labor is when practicable, to carry with him to the
State in which the person is found record, from compe
tribunal addcatng the facts of eopement and slavery
with general description of the fugitive. This record,
pery atested and certified under the official seal OF the court
being taken the State where the owing service or
labor found to be held competent and sufficient evidence
of the facts which had been adndicaed and will leave
thing to be done than to identify the fugitive
Numerous petitions have been presented, praying for
trial by jury, in the Of arrest Of ugves from service
labor in the savehong States 1t has been already
shown that this would be entirely contrary to practice and
uniform usage in all similar Under the name of
popular and cherished nstution-an institution, however,
applied in Of preliminary proceedings and only in
justice, far the of the fugitive concerned II
the trial by jury be admitted, it would draw after It its usual
consequences Of continuance from time to time, to bring evil
dence from distant places of second new trials cases
where the jury hung the verdict set aside and OF re-
as of the verdict and conduct of the ares by competent
tribunals During the progress of all these datory and ex
pensve proceedings what security there as to the custody
and forthcoming of the fugitive upon their termination And
if finally the claimant should be successful contrary to what
happens ordinary litigation between free persons, he would
have bear all the burdens and expense of the litigation,
without indemnity, and would learn, by sad experience that
he had by far better have abandoned his right in the FIRST in
stance, than establish at such unremuneraed cost and
heavy sacrifice >.1
" But whilst the committee conceive that trial by jury
in State where fugitive from service labor is recapured
would be virtual denial of justice to the claimant OF such
fugitive and would be tantamount TO positive refusal to
the provision of the constitution, the objections do
apply such trial in the State from which he fed. In
the slavehodng States full justice administered with
tire fairness andmpartaliy in cases Of all actions for free
DOM The person claiming his freedom allowed to in
orma paupeis: counsel is assigned him time is allowed
him collect his witnesses and to attend the sessions Of the
court and his claimant placed under bond and security
Invested of the possession during the progress OF the Trial.
the enjoyment If these Irvlges and il there be
any leaning of and urcs it always
the side Of the claimant for freedom.
81 Difference ,c the feelings and prndices which pre-
vail in the onslsvehoding STATES, the committee propose
sach trial in the State from which the fugitive fed in all
where he declares the officer giving the certificate for
his that he has right TO his freedom Accordingly
the committee have prepared, and report herewith maked
rec ms which they recommend shorld be incorpo
rated in the luli!ve bill pSnding in the sens According
to these oi the claimant placed under bond, and
ourei fuciye couoy Stats