The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-28

vice to the party claiming him. under the laws OF the
State from which he fed In both the proceeding
s TO be preliminary and summary in both cases the
party is 10 be removed TO the State from which he fed
that his liabilities and his rights may all be there egu
iarly tried and adjudged. by the tribunals OF that State
according to i,s laws In The Of an alleged fug
tive from justice charged with crme il Is not 10 be taken
for granted ia the State to which he has fed that he is
guilty Nor in that State s be be tried or punished
he s only 70 be remitted for trial TO the place from which
he came. In the OF the alleged fugitive from
vice, The courts of the State in which he arrested
not TO decide that in fact in law, he does service
% He too 10 only to be remiiied, for an in
curry into his rights, and their proper adjudication, the
State from which he fed the tribunals of which under
stand its laws and are in the constant habit Of trying
Of individuals. ordinary exercise Of judicial author
iy; There 70 not slave State in the Union ia which
independent judicial tribunals not always open
dom nor do know, nor have heard il alleged that
the decisions OF these tribunals not fair and upright
Snch Of them as have seen evnce, certainly these quail
This act Of Congress- the l2th OF February, l7gs ap-
pears to have been well considered, AMI have passed
n % q ns NJ evidence e
ions as epugnant % religion liberty the constitution,
humanity. The twosenaiors Of Massachusetts. at that
time, that distinguished legislator and patriot OF
own country, George Cabot aud that other citizen Of
Massachusetts, among the most eminent OF his dav for
Sens SsIan pSIy h q shaaS and every Sus Cass
for preparing The bill appeas to have passed the SEN
ate whiting division ln the House Of Representatives
was supported BY Mr. Goodhue, M Gerry both then.
believes Of your county Of Essex, (Mr Goodhue after
wards senator OF The United States and MI Gerry a
forwards Vice President Of the United Staies Mr. Ames
bers from Massacausss and was passed by maoriiy @
OF forty s,gh to of these ssUen, being
Virginia, one from Mary land. from New York, and
four from the New England States and OF these four
one. Mr. Thacher. from Massachusetts "
am not that there exists any published account
Of the debates on the passage OF this act have beea
able 10 find none. have searched The original files
however and find among the papers several PROPOSE
tons for notifications and amendments OF kinds
Sai none suggesting the proPrey q any jury trial IN the
For many years, little complaint made against
his law was supposed 10 be gully OF the offences
6e %
and solemn injunction Of the constitution did no
than believed 10 be necessary 10 accomplish thai sin
gle purpose and i did that in cautious, mild manner.
be everywhere conducted according judicial proceed
ings
confess nsunore objection 70 the provision. Of
Suong, Mr. Goodhue and Mr.. Gerry; and such provis-
ions appear to e as they appeared 10 them TO be abso
uely necessary, we mean to fulfil the duties positively
and perenpory enoned upon the constitution of the
country But since the agitation caused by abolition soce
ties and abolition presses has, such extent, excited
ths public mnd these provisions have been rendered OBJ
made and but too successfully to rouse the passions OF
the people against them and under The cry Of universal
freedom and under that other cry that there is rule for
the government Of public and priva,e men, which
Of superior obligation to the constitution of the countF
several OF the States have enacted laws 70 hinder OBJ
sruc and defeat the this Of Congress-
the OF their power The Supreme Court Of the Uni
ted States has solemny decided that s lawful for State
officers and State magistrates TO fulfil the duties enioned
them by The act OF Congress OF 7a3 unless prohib
ted by State laws and, heeupon, prohbtory State laws
have been Immediately passed. nctiDg ine and impris
onment on ali State officers and magistrates, who shall
presume 10 conform TO these requisions OF the oct oil
Congress And these prohbitory and penal laws OF the
States have rendered il imperative on Congress to make
ap senon Of the set o TBS AND Ss Is hs
OF the introduction into the Senate OF bill the
subject recently, by the Committee the Judiciary.
Notwithstanding ali that may be said by shallow men,
ignorant men. and fsciious men-men whose only hope
OF making OF keeping themselves conspicuous is by
cessant agitation. and the most reckless efforts to alarm
and mseude the people, know OF no persons in or out
OF Congress, who wish anything TO be done the
subject fugtives from service than what essentially
necessary 10 order 10 meet the requirements OF the son-
gress Of 1893. And whatever enactnenis may deem
senta 10 this purpose for one, sba certainly support,
as feel bound 10 do BY my oath OF ofice, and BY every
consideration OF duty aud propriety.
As have already said the act OF Congress Of 17os
made provision Tor any trial BY jury in the State where
subject with conscientious desire to provide ior such
jury trial. II possible, in order to alay excitement and re-
move objections. There are many difculles, however.
attending any such provsion and main one. and per-
haps the only nsupebe one, has been created BY the
States themselves, by making penal offence In their
own officers to render any aid in experimenting or sscu:
ring such fugves, and absolutely refusing the use OF
their als for keeping them in custody I'LL jury could be
called together, witnesses summoned, and regular trial
be had 1t is not too much 10 say That 10 these State
laws is 10 be attributed the actual and practical denial OF
trial by Jury in these cases These -considered State
laws it's which have absolutely refused the alleged fugi-
ve the stands, any trial By jury BY refusing
those aids and facilities without which jury trial v nm
possible. 56 shal.
But at the same tme nothing is more false than that
such jury trial is demanded In OF this kind by the
constitution, either in its letter in is spirit The con-
sniion declares that in ell criminal prosecutions, there
shall be trial by Jury the reclzimng OF fugve save
s not criminal prosecution. s FeasM
The constitution also declares that, in suits at common
law the trial by jury shall be preserved the reclamng OF
a fugitive slave s not suit at the common law; and
there other clause sentence In the constitution
having the least bearing on the subject
Ihave seen 4 publication by Mr Horace Mann,
member of Congress from Massachusetts,, m which hnd
this sentence Speaking Of the bill before the Senate ne
says "Ths bull derdes the tna BY Jury secured by the
constitution A man may lose bis horse without
right to this trial, but he may his freedom. MIR. Web
scr speaks for the South and for slavery not Tor the
North and for freedom, when he abandons this right"
This personal vuperation does not annoy me. but la
confused in hs legal spprehensIons and 20 little acquant
ed with the constitution OF his country "a these opinions
evnce Mr. Mann TO be. His citation Of supposed case,
point II IL have any analogy TO the matter, would
prove that IL Mr. Manns horse stray into his neighbors
held ne casnof lead ham back Wlouf prsus0us trial BY
jury 10 ascertain the right Truly, II what mr. Mann
ays Of the provisions OF the constitution In this publca
ton be test OF his accuracy the understanding Of that
instrument, be would do well not to seek 10 project his
As others do that higher authority which enthroned
above the constitution and above the law.s
Gentlemen am extending these remarks, fear,t to