The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-29

Sin: We address you to make known the salts
faction we have derived from the perusal Of the
speech recently delivered by you in the Senate of
the United States, on the great topic of the day.
We admire its manly temper, the liberal and
conciliatory sentiments il expresses; and the unan
swerable power of analysis and exposition with
which it develops and maintains the true principles
of the Constitution.
We honor, especially, the courageous patriotism
which pervades IT. recalling TO due sense OF their
constitutional obligations the North we'll as the
South.
We therefore beg you to accept our heartfelt
thanks for the pre-cminent service you have now
again performed, towards preserving and strength
cning our national Union.
We have the honor to subscribe ourselves, with
pride and pleasure, your friends and constituents,
EDWARD s. RAND,
W. b. BANISTER,
REV. DANIEL DANA,
S. w. MARSTON,
And others, signers to the letter Of April g.
NEwBuRYPoRT, April 8, 1850.
WAsHINGToN, May l5, 1850.
GENTLEMEN: have the honor to acknowledge
the receipt of your letter, of the Sth of April, APP
proving the sentiments of my speech, delivered in
the Senate on the 7th of March last. As consider
able differences OF opinion prevail, in Massachu-
sets on the subject Of that speech it is grateful to
receive, in a letter SO respectfully and numerousy
signed, opinions decidedly concurring with my
own.
Circumstances have occurred, within the last
twenty years. to create new degree of feeling, at
the North, on the subject of slavery; and from be-
ing considered, as it was at the adoption of the
Constitution, mainly political question, it has
come to be regarded, with unusual warmth,
question of religion and humanity. II is obvious
enough, that the Government of the United States
has no control over slavery, as it exists in the
several States. Its proper jurisdiction, in this
spect, is confined to its own Territories, except
far as it is its duty to that that part of the Con-
stituton, which respects the surrender of fugitive
slaves be carried fairly and honestly into execu-
ton.
The Constitution of the United States, in the I'd
section of the 4th article, declares
"a person charged in any State with treason,
felony, other crime, who shall flee from Justice,
and be found in another State, shall, demand of
the executive authority Of the State from which he
fled, be delivered up, TO be removed to the State
having jurisdiction of the crime.
sNo person held to service or labor in one State
under the laws thereof, escaping into another, shall
in consequence OF any law or regulation therein, be
discharged from such service or labor but shall be
delivered up ON claim OF the party to whom such
service or labor may be due"
This provision of the Constitution seems to have
met with little exception or opposition, none at
all, 80 far as ! know, in Massachusetts. Every
body seems to have regarded it as necessary and
proper The members of the convention of that
State for adopting the Constitution particu-
larly jealous of every article and section which
might in any degree intrench on personal liberty.
Every page of their debates evinces this spirit.
And yet do not remember that any of them
found the least fault with this provision. The op-
poncnts and derders of the Constitution of this day
have sharper eyes in discerning dangers to liberty
than General Thompson, Holder Slocum, and Ma
jor Mason had in l7Ss; TO say nothing of John
Hancock, Samuel Adams, and others, friends of the
Constitution; and among them the very eminent
men who were delegates in that convention from
Newburyport: Rufus King, Benjamin Greenleaf,
Theophilus Parsons, and Jonathan Tilcomb
The latter clause, quoted above, it may be worth
while to remark, was borrowed, in substance, from
the celebrated ordnance of 1887, which was drawn
up by that great man of your own county, and a
cotemporary of your fathers, Nathan Dane.
= Mr.. Dane had very venerable New England au-
thority for the insertion of this provision in the ord
nance which he prepared.
In the year l643 there formed n confederation
between the four New England colonies-Massa-
chusetts Bay, Plymouth, Connecticut, and New
Haven and in the sth article Of that confederation
il is stipulated follows, viz:
sit is also agreed that if any servant run away
from his master into any other of these confede-
rated Jurisdictions that in such cases. upon the
tihcate of one magistrate in the jurisdiction out OF
which the said servant fled, or upon other due
proof the said servant shall be delivered, either IL
his master, any other that pursues, and brings
such certificate or proof" And in the "Articles Of
Agreement" entered into in 1860, between the
New England colonies and 'sthe delegates of Peter
Stuyvesant, Governor of New Netherland,' il was
stipulated that "the same way and course" concern
ing fugitives should be observed between the Eng
lish colonies and New Netherland, as had been es-
taDl1Bneu In the NATtClcS oil COnfeuGratlOn' De-
tween the English colonies themselves.
On the 18th of February, 1893, under the admin.
istration of General Washington, Congress passed
act for carrying into effect both these clauses OF
the Constitution. II is entitled "An act respecting
figitires from jsscs and persons escaping from t
sepice Of their masters"
The first two sections Of this law provide for the
case of fugitives from justice; and they declare,
that whenever the executive authority of any State
Territory, shall demand any person as fugi.
tive from JUSTICE Of the executive authority of any
State or Territory 10 which such person shall have
fled, and shall produce the copy Of an indictment
or affidavit made before magistrate, charging
the person, so demanded, with having committed
treason, felony, other crime, certified authcn-
tic by the governor chief magistrate OF the State
or Territory from whence the person charged
fled, il shall be the duty of the executive authority
OF the State Territory to which such person shall
have fled, 20 him her 20 be arrested sc.
cured, aud notice Of the arrest to be given TO the
executive authority making such demand, or TO the
agent of such authority appointed TO receive the fu
give, and To the fugitive 10 be delivered u
such agent when be shall appear but il no such
agent shall appear within six months, the prisoner
may he discharged and all costs or expenses, in.
Cured by arresting, securing, or transmitting tho
fugitive, shall be paid by the State or Territory
making the demand And that any agent who
shall receive such fugitive into his custody shall be
authorized to transport him 20 the State Territory
from which he He'd And any person, rescuing OF
setting such person at liberty shall, ON conviction
be fined not exceeding five hundred dollars and be
imprisoned not exceeding one year.
The last two sections of the act respect persons
held 60 labor in any Of the United States or Terri
tories, escaping into any other State Territory
and in thcsc words
"ISEc. 81 lind BE- IL further enacted, That when a
person held TO labor in any of the United States
In either of the Territories on the northwest OF
south OF the river Ohio, under the laws thereof
shall escape into any other Of the said States OF
Territories, the person TO whom such labor or ser
vice may be due, his agent OF attorney, is hereby
empowered To seize arrest such fugitive from
labor, and to take him or her before any Judge o
the circuit district Of the United States
residing or being within the State, or before any
magistrate Of county, city, or town corporate
wherein such seizure arrest shall be made; and
upon proof, 60 the satisfaction Of such Judge ma
gistrate, either by oral testimony affidavit taker
baiorc and certified by magistrate Of any suci
State or Territory, that the person seized ar
rested doth, under the laws of the State Terri
tory from which he she fed, owe service labor
to the person claiming him her, Il shall be th,
duty Of such judge OF magistrate 10 give certif
cate thereof 70 such claimant. his agent or attor
\ ney which shall b. suficient warrant for remov
ing the said fugitive from labor 90 the State or Ter
/ ritory from which he or she fed
1 II sEc. A. lad b. u Further enacted That any
| person who shall knowingly and willingly ob~truc
or hinder such claimant, his agent or attorney, n