Weekly national intelligencer., 1850-11-16

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if necessary in addition TO what is conabed n the record,
of The identity Of the person escaping he shall be delivered
up the claimants and the judge mmissioner shall
grant such claimant certificate Of his tight tske the
person Identified and proved to sesice aforesaid
which certificate shall authorize such cain to and
transport such person the State whence escaped" This
provision sppeas to be analogous e practice under
the law authorizing the extradon with the
commission OF crime srs.t
When person who is suspected of havpg committed
felony in State escapes into another Safe, complaint
may be presented to magistrate and proomade to lis
saciion oil the commission of the oencs copy Of this
complaint is exhibited to the Governor, w9 theeupon. if
satisfied issues his requsion the Governo the State In
which accused has escaped and upon Ibis Iequson,
with adequate proof of the identity the part he deliver
ed up the sgent who has charge Of the reqon. Here
trial by jury. and confronting of SDitnesses Uh
the accused The whole procedure is unknown him till be
is arrested warrant issued in consequenco complaint
made at place hous nd miles off, perhapsto which he is
carried unfequenty, in manscles Wien he reaches
bis destination he entitled to trial by jury and may be,
is acquitted Yet complaint is uttered aanst this law,
though under it white citizen may be seizedand carried oil
from Texas Mane Maine to Texas wput any power
Of resistance his part This is sufent argument
against the law. All human laws imperfect. If law
generally works WELL it is all that ect. If occa-
sonaly wrong done by through it. edeavor TO de-
wise better system, and trial ia that
not, we submit as to the lesser evil.
But il may be said that the white citizen VIII is arrested in
New Orleans fequisition Of Governor Briggs may apply
for the writ Of habeas corpus. This is true t the writ OF
babeas corpus would not release him from officers Clapp or
Andrews il they held him custody under 10 extradion
from the Governor Of Louisiana. The hdges in such
cannot and do not 60 behind the warra of the Exc
cuve they nd that to be in proper orm AMI duly attesed
and authenticated. So that il finally tohis, that un
der laws white citizen may be arresd in another
State warrant issued in pursuance OF complaint made
behind his back and be transported by force fom State TO
State, without any possibility of legal release redress H
he reaches tie State iOheye tie complaint agaiax him
nf faf
ton, be compared with the law respecting culs twill ap
pear that the personal safety of the negros veil secured
that of the white man.
The claimant of slave must make his APPLICATION to
Court Of Record Cor judge thereof in vacaU, not to
ordinary police magistrate, it may be usc OF the peace,
not selected for his knowledge OF the law Bcord is be
made by the of the evidence exhibited it, and this
record to be aested by the seal and clerk of e But
where the fugitive is found requires further pooof the den
y OF the person claimed suppose that ii hs judiciGy
satisfied that person brought before him is the person
described in the record be would require proof Of
that fact but if the negro should deny that he he fugitive
caimed have doubt that there is Judge omagsrate
n any free State who would not insist penag proof Of
such identity being produced before him before he would grant
the certificate find that contrary to my intentn, must
further trepass the patience of the reader Ths subject
one OF immense importance, and cannot be disposed OF in
few paragraphs.
No. 81 have endeavored, with candor, compare the
differences between them by this such provisions as
found in the latter act, and not substantially
braced in the former There undoubtedly seveRl par
culas in which the act Of 1850 rendered Elective
and stringent than that Of 1898 but these entirely
provisions REFER for instance to the ncreas Of the
penGes for conceang slaves obsrucng preventing their
being arrested and for rescung them after having hen
rested Also, the provision for the claimant to recovery by
action Of debt thousand dollars for each slave lost by
him through the unlawful interference of others Perhaps
the " would enable the hv
action in the the value Of the service Of the slave here
this relation protected by law, it by the Constitution
OF the UDtd States) from who contrary to the law, had
deprived him of that service and the act Of l793 in TERMS
" to the person claiming such labor service his right
of action for Of such injuries, either hem
The injuries here referred TO knowingly wfully OBJ
s'ructng hnderng the claimant his agent in esng
fugitive r-m labor, or IN reecupg him when arrested pur-
suant 10 the authority given n said act (of 1889 har
boring conceang him after notice that he is iogive
from labor aforesaid The Of l793 besides saving to
the claimant his law right gave him in addition the
right to OF any person who committed either of the
repasses above detailed the OF five hundred dollars ard
this penalty has frequently been enforced in Ohio and
free States, by verdict of the jury Indeed is but few
weeks since that the newspapers contained statement Of
such recovery being had trial before Mr. Justice Nc
Lean in the State of Ohio which occasion that learned
Judge enforced by his charge, in the cleares manner the
duties Of the jurors respect said law See also
I'd and Sd vols. McLean's Reports.
The act Of 1850 gives the penalty Of thousand dollars
to the claimant only the slaves shall be lost him
by the acts OF Others which declared by the statute be
Illegal but for the public offence it subjects the offender
fine to the United States not erceeding thousand dol
lars and imprisonment not erceedng six months. Perhaps,
on reflection, this provision ought bs cassed among those
which but coDers the district judge the
thory to mitigate the punishment, at his disceton to
hour or one day mprsonmeHL and cent one dollar
fne, and as it gives the claimant the right TO the
other penalty only in the Of bis bng actually and finally
deprived Of his slave BY the unlawful conduct Of the offender
for each fugitive lost this clause Of the act IDLY
be deemed arbitrary by those who feel the OBJ
legations Of the constitution and the laws enacted by Congress
in conformity to it.
II Of 1850 more stringent severe than that
1893, II seems to me that have brough upon Ourselves
and the poor fugitves within borders by
duct in obstructng, to the of power the
non Of the Of l793 This did in Massachusetts, by
the of ls43 which forbds any Judge justice Of the
peace this Componweah take cognzance Of any
under the act Of l793 relating to fugitive slaves under the
penalty OF fine imprisonment which RGyb for one year
double the period Of the maximum Of imprisonment under the
act OF Congress- Prior 10 that time the slavehoders might
complain Of individuals for secreting their slaves, and
fusng all aid to enforce the law When the Government Of
Massachusetts declares to be penal offence for OF her
magistrates to perform duty required Of them, or, il not
quired authorized by act Of Congress- ii seems to me
that they jus6ablein claiming from Congress eff
ent means for enforcing their rights It not probable that
they had no other aggresons complain Of than those Of
individuals the savehoders would have been able to over
come the repugnance of sufficient number of Representa-
hves from the free States any law this subject for
their relief for must be remembered that the free States
have majority Of votes in the House Of Representatives, and
by united action ght defeat any Of this kind The
argument furnished them by the enactment of such laws
Of ls43 must have been deemed irresistible by
those members who think that the great compact made by
their fathers with the people Of the slave saes 10 obligatory
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