Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-31
MR.. WEBSTER'S REPLY.

receipt of your letter of the 9Th of April approving
the sentiments of my speech delivered IN the Senate on
the eth of March last AS considerable differences of
opinion prevail in Massachusetts, on the subject OF that
speech grateful to receive, in letter respectfully
and numerousy signed, opinions so decidedly concur
Circumstances have occurred within the last twenty
years. to create newdegree of feeling the North on
the subject of slavery; and from being considered
it at the adoption OF the constitution mainly
political question: it has come to be regarded, with
usual warmth, question OF religion and humanity
It is obvious enough that the government OF the United
States has control slavery, it exists in the
veral States. Its proper jurisdiction in this respect
confined its Territories, except far it is its
duty that part of the constitution which respects
the surrender of fugitive slaves be carried fairly and no.
nesty into execution.
The constitution ofthe u States, in the ID section of
the 4th article, declares:
A person charged in any State with treason telo.
ny, other crime who shall flee from justice, and be
1nlnd in another Sta e SHALL on demand the execu-
tive authority of the State from which he fled, be de-
lvered up to be removed TO the State having juris
dicton OF the crime.
&c No person held to service or labor in one State
under the laws thereof escaping into another, shall in
consequence OF any law regulation therein, be dis
charged from such service labor but shall be deliv-
cred up the party to whom such service or labor
may be due"
This provision of the constitution to have met
with little exception opposition, at all, so
Tar as L know IN Massachusetts, Every body
to have regarded it necessary and proper. The
bers othe convention OF that State for adopting the
section which might in any degree entrench on per-
sonal liberty Every page of their debate evnces this
spirit And yet DO not remember that any one of
them found the least fault with this provision The op
ponens and deriders of the constitution Of this day
have sharper eyes in discerning dangers liberty tn
General Thompson, Holder Slocum, and Major Mason
had, in 1888; to say nothing of John Hancock Samu-
ell Adams, and other friends of the constitution; and
among them the very eminent men who were dele
gates in that convention from Newburyport Rufus King,
Benjamin Greenleaf, Theophilus Parsons and Jona-
than Tilcomb.
The latter clause. quoted above, it may be worth
while to remark was born owed in substance from the
celebrated Ordinance of 1887, which was drawn up by
that great man OF your county, and contemporary
OF your fathers Nathan Dane.
Mr.. Dane had very venerable New Eng land authori.
y for the insertion Of this provision in the ordinance
which he prepared.
In the year 1913, there was formed confederation be-
tween the four New England colonies, Massachusetts
Bay, Plymouth, Connecticut and New Haven ; aud in
the 9Th article OF that confederation is stipulated fol-
lows, viz:
1t is also agreed, that if any away from
his master into any other OF these conederated ursdic
tons that in such cases. upon the certificate OF ma
gstrate in the jurisdiction of which the said servant
fled, or upon other due proof the said servant shall be
delivered, either to his master, any other that pur
sues, and brings such certificate proof" And in the
Articles OF Agreement, entered into in 1850 between
the New England colonies and the delegates of Peter
Suyvesant, Governor OF New Neherland, it stipu
lated that the way and course concerning fugi-
tves should be observed between the English colonies
and New Netherand as mad been established in the
Articles OF Confederation, between the English colo
MES themselves.
On the 18th of February 1893, under the admiuistra-
ton OF Gen Washington, Congress passed an act for
carrying into effect both these clauses OF the constu-
ton. 1t is entitled, An act respecting fugitpes from
justice and persons escaping from the service of their
masters"
The first two sections OF this law provide for the
case OF fugitves from Justice and they declare, that
whenever the executive authority of any State or Ter
ritory shall demand any person fugitive from JUS
tice OF the executive authority of any State Ter.
rltory to which such person shall have fled and shall
produce the copy OF an indictment, or an affidavit
made before magistrate, cha gng the person SO de-
manded with having committed treason, felony, or other
crime, certified authentic by the Governor chief
magistrate the State Territory from whence the
person charged fed shall be the duly OF the
cuve authority Of the State Territory which such
person shall have fled him her to be arrest
ed or secured and notice of the to be given
the executive authority making such demand, the
agent OF UGH authority apo nted to receive the fug-
tve and to cause the fugitive to be delivered such
agent when he shall appear but if no such agent
shall appear within six months, the prisoner may be
discharged; and all costs or expenses, incurred by
resting securing transmitting the fugitive, shall be
paid by the State or Territory making the demand
And that any agent who shall receive such fugitive
into custody shall be authorized to transport him to
the State or Territory from which he fled. And any
person, reseuing setting such person liberty shall
on conviction be fined not exceeding five hundred
dollars, and be imprisoned not exceeding year.
The two last sections OF the act respect persons
held to labor in any of the United States or Terrific
res escaping into any other State or Territory and
are in these words
Sec. 3. And be 1t further enacted, That when
person held to labor in any OF the United States, or in
either OF the Territories the Northwest South of
the river Ohio under the laws thereof shall escape into
any other of the said States or Territories the person
10 whom such labor service may be due, his agent
attorney is hereby empowered to seize such
fugitive from labor, and take him or her before any
Judge of the Circuit or District Courts of the United
States residing being thin the State before any
magistrate OF county, city or town corporate, wherein
such seizure shall be made and upon proof to
the satisfaction ofsuch Judge or magistrate either BY oral
testimony or affidavit taken before and certified by
magistrate OF any such State Territory, that the per-
son so seized or arrested DOTH under the laws of the
State or Territory from which he or she fled, owe
vice labor to the person claiming him or her. it shall
be the duty OF such judge magistrate to give cer
hcate thereof to such claimant, his agent attorney,
which shall be sufficient for removing the said
fugitive from labor to the State or Territory from which
he or she fled.
who shall knowingly and willingly obstuct or hinder
such claimant his agent or attorney in Selling or ar
resting such fugitive from labor shall SUCH flu
gtiVe foin such claimant, his agent attorney, when
SO arrested pursuant to the authority herein given de-
clared; or shall harbor conceal such person after
notice mat he or she was fugitive from labor atoe-
said shall tor either of the said offences forfeit and nav
the sum OF five hundred dollars Which penalty NAV
be recovered by and tor the benefit OF such by
action OF debt, in any proper to ty the same
saving, moreover, TO the person claiming such labor or
SERVICE his right OF action for account Of the said
injuries either of them. IApprOued Feb r. 1881
1t will be Observed that in neither Of the two cases
uOeS Inc law pIOVIue vi question what
ever by jury the State in which the is made
The fugitive from Justice is to be delivered the pro-
ducton OF an indictment regular affidavit. charging
the party with having committed the crime; and the tu-
gve from service 10 be removed TO the State from
which he fled, upon proof before any authorized mags
tate ia the State where he may be found either by wit
nesses or affidavit that the person claimed doth owe
the party claiming him. under the laws of the
State from which he fled In both cases the proceed
ings be preliminary and summary; in both cases
the party TO be removed to the State from which he
fed that his liabilities and his rights may all be there
regularly tried and adjudged, by the tribunal of that
State according its laws In the case of an alleged
fugitive from justice charged with crime is not to be
taken tor granted in the State which he has fed that
he guilty Nor that State is he to be tried or pu-
nshed lie only to be RENTED for trial the place
from winch he In the case of the alleged fugi-
live from service. The of the Stale in which he