Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1850-05-24

GltlyC bill now pending Deiote lhS scns'tS
! According totbis section, the owner of
fugitive from service or labor is. whel
practicable, to carry with him TO th'
state in which the person is found re
cord, from compel tribunal. adudica
ting ,hefacts of clopemcnt and slavery
with general description of the fugitive
This record, properly attested and certi
fed under the official seal of the court
beng taken to the state where the person
owing service or labor is found, is to be
held competent and sufficient evidence OF
the facts which had been adjuciatod, and
will leave nothipg more to be done than
to identify the fugitive.
Numerous petitions have been presented,
praying for a tralby jury in the case OF arrest
of fugtives from service or labor, IN the non
sIaveholdirg States. 1t has been already
shown that this Would be entirely contrary to
practice and uniform usage in all similar cases.
Under the name Off populer and cherished in
stiution; an institution, however never applied
in cases of ofprclimnary proceeding, and only IN
cases of final trial; there would be complete
mockery of Justice so faras the owner OF the
fugitive is concerned If the trial by jury be
admitted, it would draw after it its usual con-
sequences of continuance from time to time, to
bring eviduncc from III, ant places, of second or
new trials, in cases where the jury Is hung. or
the verdict is set aside; and OF revlsals OF the
verdict and conduct of the jurics by competent
tribunals. During the PROCESS OF all these di-
latory and expensive proceedings, what sccu-
rity is there as to the custody and forthcoming
of the fugitive upon their termination! -1nd II,
finally, the claimant should be successful, con-
trary to what happens in ordinary litigation be-
tween fir persons, he would have to bear all
the burdens aud expense ofthe litigation, With
out indemnify and would learn, by sad expert
ence, that he had by far better have abandoned
his right in the first instance, than to establish
it Mt such unremunerated cost and heavy sacri-
fee.
But whilst the committee conceive that
trial by jury in State where fugitive from
service or labor is recapiured would be rirtu-
al denial ofjustice to the claimant of such fugi-
tive, and would be tantamount to positive re-
fusal to execute the provisions of the Constt,i-
ton, shc same objections do not apply to such u
trial in the State from which he fled. In the
slaveholding States full justice is administered,
with entire fairness AMI impartiality, in cases
of all actions for freedom. The person claim
ing his freedom is allowed to sue in forn'a pau-
pcriS; counsel is assigned him; time is allowed
him to collect his witnesses and to attend the
sessions of the court; and his claimant is placed
under bond and security, or is divcstcd of the
possession during the progress of the trial, to
insure the enjoyment of thes SC privileges and if
there be any leaning on the part of courts and
iurics, it is always on the side of the claimant
for freedom.
In Difference to the feelings and preju-
diccs which prevail in the non-slavehold-
ing States, the committee proposes0nDh
a trial in the State from which the fugi-
tive fed, in all cases where he declares to
the officer giving the certificate for his re-
turn that he has right TO his freedom.
Accordingly, the committee have prepar-
ed. and report herewith, (marked C.) two
sections, which they rccommand should
be incorporated in the fugitive bill pend
ing in the Senate According to these
sections, the claimant is placed under
bond, and required to return the fugitive
TO that county in the State from which
he fed, and there to take him before a
competent tribunal, and allow him to as
sert and establish his freedom, if he cam
alfording to him for that purpose all need
ful facilities.
The committee indulge the hope thai
if the fugitive bill, with the proposed a
mendnents, shall be passed by Congress
it will be cffectual to secure the recovery
of all fugitive from service or labor, anc
that it will remove all causes of complain
which have hitherto been experienced OF
that irritating subject. But if in its prac
teal operation it shall be found insufficient
and if no adequate remedy can be devised
for the restoration to their owners of fu
gitive slaves, those owners will have
just title to idcmnity out of the Treasur
of the United States.
1t remains to report upon the resolu
tions in relation TO slavery and the slav
trade in the District of Columbia. With
out discussing the power of Congress t
abolish slavery within the District, in re
gard to which diversity ofopinion exist
the committee are Of opinion that it ougl,
not to be abolished. 1t could not be don
without indispensable conditions whic
are not likely to be agreed to. 1t coul
not be done without exciting great apprt
hension and alarm in the slave States
If the power were exercised within tn
District, they would apprchcnd that, ul
der some pretext or anothcr,it might |
hereafter attempted to be exercised will
in the slavcholding States. 1t is trt