Weekly national intelligencer., 1850-06-01

II
4 signed ~ Ep~IuB = R,sp. W. b. BasIsrsH, Jous
Posrsn. and ses ohsr si,iI.n. d NsshurPrtl
/ Hr. Htbatr's Rfpiy.
\ wIsarssrss, Msy 10, 1850.
GEsrttxts have fhe honor sckRosie5ge the receipt
q your isasr Ol s sk u Arr aFpro.ins the .entimsn
u ms sEerch 5sissrsd ths sensse the Th cf March
as A. eoasaras adssacss u oginion prevail in Massa
th1ses NE subject u that speech, grateful 10 recese,
IN sr - respscsshly and nuuesousy signed opinions
dsclsIiy soneurring wi,h my
Ceusnes have secured. within the LAST twenty years.
% degree d feeling the Noh the subject
u slavery and from being considered, Il At the sJoP
Gs a the constitution manly political question, has
cone regarded, with unusu warmth, question O
religion aud hamaniiy 10 obsious enough that the Gov
smmrnt % The United States has control slavery
Il exists the several lis propc, jurisdiction, this
resxct 10 confined TO It's own Territories ercep, far
10 s day that thai part o the constitution which
pees tie Surrender Of fugitive slaves be carried fairly and
4 honesty into execution.
The Constitution Of the United States, in the 81 section Of
the 9Th article, declares
"a person charged any State with treason felony
other crime Who shall Ace from justice, and be found in
State from which he fed be delivered up
State having jurisdiction the crime.
person held service or labor IN one STATE under the
laws thereof escaping into another shall in consequence OF
law regulation herein be discharged IRON such service
labor but shall be delivered up claim Of the party
whom such service or labor may be due
This provision Of the constitution seems to have with
little exception opposition, all, far as know
in Massachusetts, Every body have regarded
necessary and proper The members of the Of that
State for adopting the constitution were particularly jealous Of
every article and section which might any degree entrench
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 opponents and
erders of the constitution of this day have arper eyes
IN than
der Siocum and Major Mason had in l7ss say nohing
Of John Hancock Samuel Adams and Others friends the
constitution and among them the very eminent men who
delegates in that convention from Newbuypot Rufus
King Bejamn Greeniea Theophius Parsons and Jonathan
Tilcomb
The latter clause, quoted above i, may be worth while
remark, borrowed in substance from the celebrated Or.
nance of l7S7, which drawn up by that great of
your county, and contemporary of your fathers Nathan
Dane.
Mr.. Dane had very venerable New England authority for
the insertion of this provision in the ordinance which he pre-
pared. g.4
In the year i643 there formed confederation between
the four New England colonies, Massachusetts Bay, Ply
mouth Connecticut and New Haven and in the 9Th article
OF that confederation 1t is stipulated follows,
g" also agreed, that if any away from his
into any other of these conederated Jurisdictions that
such cases, upon the certificate Of agsirae ju
risdcon Of which the said fed upon other due
proof the said shall be delivered either his MASTER
any other that pursues and brings such certificate
And in the "Aicles Of Agreement" entered into in 1850
between the New England colonies and the delegates Of
Peter Suyvesant, Governor of New Neherand," sti-
pulaed that " the way and course concerning
should be observed between the English Colonies and New
Netherland had been established in the Artcles of Con
fsderaion, between the English Colonies themselves.
On the 18th of February, l793 under the administration
OF Gen. Washngon Congress passed act for carrying in
to effect both these clauses Of the constitution 1t is entitled
"An act respecting Agitiues from Justice and persons
| Gaping from the seruice of their masters" aa4
The first two sections of This law provide for the
gtves from and they declare that whenever the
cuve authority of any State Territory shall demand any
fugitive from justice of the executive authority
State Territory which such person shall have fed
and shall produce the copy Of Indictment, affidavit
made before magistrate charging the person demanded
with having committed treason felony other crime, cer
fled authentic by the Governor chief magistrate the
state or Territory from whence the person charged fed
shall be the duty of the executive authority of the State
Territory to which such person shall have fed, him
her to be arrested secured and notice of the be
given 10 the executive authority making such demand TO the
agent OF such authority appointed receive the fugitive and
the fugitive be delivered such agent when be
shall appear but if such agent shall appear within
months, the prisoner may be discharged costs or ex
Penses, incurred by arresing, securing, transmitting the
fugitive shall be paid by the State Territory making the
demand AND that any agent who shall receive such fugitive
no his custody, shall be authorized 10 transport him the
State or Territory from which he fed And any person.
cuiDg setting such person at liberty, SHALL on conviction
be fined not exceeding Eve hundred dollars and be mplison
| ed not exceeding one year
The last sections Of the respect held to labor
in any Of the United States Territories escaping into any
other State or Territory and are in these words
Sec. 8 lind be further enacted That when person held
10 labor in OF the United States either OF the Terri
tories the northwest south OF the Ohio under the
thereof shall escape into any other Of the said States
Territories the person to whom such labor service be
due hrs agent attorney hereby empowered TO seize or
Arrest such fugitive from labor and take him her before
Judge of the circuit district courts Of the United States
residing being within the State before
county city, or town corporate wherein suck seizure
rest shall be made and upon proof TO the satisfaction OF sHch
Judge or ether BY oral testimony affidavit taken
before and certified by such State Terri
tory that the person seized arrested dot under laws
OF the State or Territory from which he she ed
vice or labor 10 the claiming him her. shall be
the duty OF such Judge magistrate give certificate there
o. 70 such claimant his agent Attorney which shall be su
cent for removing the said fugitive labor
State or Territory from which ha she Aed
Sec T. ind BE- further enacted. That any person who
shall knr vngy and willingly obstrct hinder such claim
ant his or attorney in sezing arresng such fg
tive IRON labor shall such fugitive from such claim
authority herein given declared shall harbor or conceal
such person. alter notice that he she fugitive from Ia
or Aforesaid shall for either OF the tad forfeit
aud the Of FIVE hundred dollars Which penalty may
be recovered by and for the benefit Of such cmant
OF debt any proper try the saving moreover
ton tor o the said INJURIES either oi them
I.fbproued February ~, 1881
will be observed, that in neither OF The two cases. does
tue law provide os the trial Of any question: whatever by
jury N the state IN which the il made. The fugitive
h'm justice i 10 be Delivered the production Of an indct
nen' {" esu'as aIayi, charging the party with having
cn'sh tn eme aud the fugiilve from service to be
va !" the State rm which he eJ upon proof before
ny suhoffn"d m'gis,se, 10 the State where he may be
e'nef oy Nnessrs sdavt that the person claimed
owe service - the party cia m ng him under the laws OF
II III n. k..L Il -