The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-04-24

Of easy proof before the commissioner
who is 10 hear and consider al The evi-
dfnce.
This bill is by no means so liable 10
misspplicaiion 10 improper purposes as
The conventions for the e1irsdilion Of
criminals between the United STATES and
foreign countries. See. sir. how easily
more easily. certainly. than this bill
these exirsdiiiof tresties might be used
Tor purposes for which they were never
designed. In the treaty between Great
Britain and the United States. one Of the
oaences for which fugitive is 10 be de-
livered up is an assault with intent 10
murder. Now. we know that. according
10 the law Of that country, as well as our
own. an assault made upon pnblic off,
Ger while in the discharge Of his public
duties. il intended 10 produce death. or
likely to produce death. is deemed an as
sault with intent 10 murder. Suppose.
then, that in these political e1eilemenis
thar are continually agiiaiing The popular
mind in Ireland-ihe people Of Ireland
seeking afier what they demand as Jus
lice from The British government. what
Great Britain refuses 10 grant them, de-
nying il to be jusiice--lhere should be
committed an assault upon public Off
Ger. charged with the execution Of the
laws. by an Irish maIconieni. who should
make his escape 10 this country; and
suppose that he is reclaimed upon an af-
fidavii. sworn IN Ireland. charging him
with the offence; under the treaty, and
The law TO carry il into execution, he must
be surrendered. And, when carried back
under this charge, what hinders his being
put upon trial for political offence. to
which this government never would have
consented TO extend i'll
consider. therefore. Mr.. President.
that the amendmen, which the honorable
senator from Virginia Mr.. Mason) pro-
poses TO introduce as substitute for that
reported by the Judiciary COMMITTEE. IS,
in its general scope and provisions, free
entirely from objection. II there are any
amendments in matters Of detail which i
may seem TO require, they can easily be
ingrsfied upon it. And permit me while
am upon that subject, to say, as think
can say with confidence. not only fol
myself, bu. for every senator from the
South. that il there can be any portion o.
.ha. sill liable 10 just or reasonable ex
cepiion, likely 10 give opportunity for any
euccessfuLfraud TO entrap any person who
is now free into state Of bondage. or "a
give encouragement or assistance to kid
nappers, we will not only gladly support
but shall be prompt to propose every pro-
per amendment. Neither we nor out
constituents desire aught but what justly
belongs to us. We wish a bill which
will insure the return Of our slaves. and
not endanger the rights of freemen. And
we look with horror upon every contri-
vance or attempt 10 bring 10 the condition
of Slave any man who is now free.
Yes. sir. and | will say. after practice
of more than thirty years al the bar in a
slaveholding Stale. that have never known
an instance, that | have never heard Of
instance, IN which an action was brought
by black man against his supposed mas
ter, for the purpose Of trying The question
Of freedom or slavery, in which there was
the slightest ground TO suspect unfairness
or bias against the plaintiff, or, may say.
on the contrary. lha, if there be any lean
ing in the minds Of our jurors, il is in fa-
vor Of him who, upon probable grounds,
sets up the claim Of freedom. ! speak
with entire confidence Of these matters, as
they are in my own State. and | presume
what is true Of North Carolina. is true OF
every one Of the slaveholding States.
Several SENATORS. Certainly, certain
ly; everywhere.
Mr.. HALE. The sympalhies Of the peo-
pie are against the law.
Mr.. BADGER. No sir they are in exact
accordance with the law. The hearts OF
the people are in favor of the right, and
the laws secure il; and wish the hearts
Of all the people of the United States were
in the same proper condition.
Sir, I do not know what are the parti-
cular provisions in other States; but in
my own, SO careful are our courts. and so
careful have they always been, TO prevent
undue advantage being taken when this
question of freedom is raised, that the
first ihing the courts require is, that the
alleged master shall enter into bond and
security that he will not remove the slave
from the State, or beyond the jurisdc-
ton of the court. until a FINAL decision
shall be had. and in the mean time will
allow him TO attend TO the trial Of his cause
and treat him with humanity.
This; then, Mr.. President, is provi-
sion Of law for the recovery Of fugitive
slaves. which we think il is absolutely
necessary should be adopted. Il is one
sufficiently guarded to avoid injustice TO
all who may be falsely claimed as fugi.
tives and il seems 10 me sufficient. iffaE.
ly and hoestly carried into execution-as