The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-20
Charge or Judge Kane.

phia, on Monday, the 18th instant, the names OF
the grand jurors having been called, and George
w. Tryon. Esq, appointed foreman, Judge KANE
delivered the following able opinion in the form OF
charge to the grand jury:
GESrLEaEH or THE GRAND JuRY: IL has not been
customary in this district, for some wears cast 10
open the sessions OF the the United States courts
WIN a special charge to the grand Jury. The ex-
pericnco OF the gentlemen who have constitut ed
that body, and the well understood character of the
few crimes that called for their official notice have
made II generally unnecessary. Circumstances,
however, at the preaont time, justify departure
from our ordinary practice in this respect
You are aware that, by une of the articles of the
Federal Constitution 1t is stipulated that persons
.'heid TO service labor in one State under the
laws thereof, escaping into another shall be de-
hvered upon claim OF the party TO whom such la
Dor or service may be due" This constitutional
provision was expanded into details by the act of
Congress OF the 18th Of February, lr93 which EN-.
powered the master, his agent to seize or arrest
the fugitive from labor and take him before Judge
OF the United states, or any magistrate Of county
Guy or Town Corporate who, on receiving proof Of
the facts, either by oral testimony or affidavit was
required TO grant certificate, having the effect Of
warrant, Tor the removal Of the fugitive.
1t was grave defect in this law that it left the
master without the aid Of process in the first in
stance, to impress the accustomed legal formaties
upon the arrest which il authorized. The capture
oil the fugitive being without formal or apparent
warrant, the right to make il was Of coursv readily,
anu III laCt oten, simulated; and the public SYM
Pathes, In consequence enlsting themselves natu
raly on the side OF the arrested party the Office of
bringing the slave to the judicial forum became
lrksoine and even dangerous sometimes from pop
ular excitement. The master was therefore under
strong inducements to remove his slave without
seeking the judges certificate; and thus his cxer-
else OF legal right made him still more liable to
be confounded with the man stea!er and the man
steaier found facilities in masking his crime
These considerations, as some who hear me NAV
remember, entered into the view of the Pennsylva-
ma Legislature, when IT passed the act of 25th
March, 1927. BY that statute the several iudpes
and justices of the peace commissioned by the State
We're authorized to issue warrants, upon the appli
cation OF the master, his agent under which the
arrest was made by sheriff constable and
the hearing took place before State Judges who
either gave the master a certificate recognising his
right, or discharged the prisoner.
by this act, Pennsy iyania aided effectively for
the time In carrying out her constitutional engage
tnent Tor the delivering up of fugitves from labor
am not aware that. while il continued in force the
master, in any considerable number of cases, en-
Countcred difficulties in asserting his rig ht, or that
injustice was done under its provisions any one
alleged fugitive; and certainly the peace Of the
community was not outraged nor the dignity of
the law lnsulted, as they have been since by acts
and threats OF lawess force. 1t pleased the Legis
laturc, however IN the spring Of lS47, not only to
repeal tins statute but also " inhibit the officers
the State, under very stern penalties, from aiding
to execute the act of Congress of 1895 moreover to
refuse the Of the public prisons for the deten
ton oil iugiuves from labor, and even to denounce
as msdemeanor any attempt OF the master, if at
tended with violence and tuInult, to seize fugi-
i've, either with or without the intention of TAX
ing him before Judge OF The United States courts -
Ii Is not my office TO make any comment on the
spirit or the terms OF this statute of Pennsylvania
But have the right to say, that its consequences
have apparently been most unhappy-injurious TO
the master, perilous to the free black and CO. ope-
rating banefully, with other causes to menace that
harmony between the States of the Union, without
winch the Union itself is scarcely blessing. From
the time OF its enactment till the passing OF the re-
cent act OF Congress, the has been general.
ly advised, and think properly TO avoid the 'stu.
mutt and violence" which would follow upon an
attempt to carry his fugitive save to the Judge at
flttsDurg or Philadelphia, and TO fall back instead
on his constitutional right of retaining him with
out judicial hearing-a mode of reclamation al
ways liable to popular misconception, and not I'M
frequently the provocative of wrong against the
party rcsorting to 1t. On the other hand the crime
oil kidnapping free negroes, made more secure from
detection by the withdrawal from the rigbtful
master OF the badge which distinguished him from
the wrong door, has, if am correctly informed
been perpetrated within our borders much more
frequently than it before Fanatics of civil
dlscord have mean awhile exulted in the fresh powers
OF harm with which this state of things invested
tnen; ana the country has been convulsed in its
length and breadth, if about TO be rent asunder
and tossedin fragments by the oubursting of vol
cano.
The act OF Congress of the present year does lit.
tie more than renstete the enactmcnts of the Penn.
syIvania statute OF 1926, with the sane tions of law
OF the United States Ii authorizes the ssue of war
rants by the Federal judges, and by the commits
soners who exercise the functions of justices of the
peace under the laws of the United States: REQUIRES
those ohcers TO hear and adjudicate upon the case;
and makes II the duty Of the marshal and his depu-
ties TO execute their process Just as the Pennsyl-
vania statute authorized the State Judges and ius
tees TO Issue warrants the State Judges to hear and
adJudicatc, and the shcriffs and consts bes 10 exc
cute.
These arc, indeed, the only changes of anv note
which the act OF Congress has made IT, Other nro
Visions except those of mere detail are decaraory
simply OF the law as IL stood before or are in close
analogy TO safe aud long established usapes Such
Is that clause which excludes the arrested party
from giving testimony In his own case-tbat which
recognises dispositions and judicial records from
the state whence the fugitive has escaped as com
petcnt proofs ON the question Of extradition-apd
that which, for the purposes of the Same ouestion
ut the summary hearing, regards an Adjudication
mace ex parte In Jhe courts Of that State as conclu
sNe on tho point that certain slave has escaped
and that the claimant was his lawful master lray
ing open the question OF the identity of the pares
Such, TOO, ls the provision that the certificate or
warrant OF cxtradition shall not be hindered or dc
layed in its execution by the subsequent interven
ton oil other courts-and that which comm nds
the posse comtatus in aid of the oficers who are
chars cd with process.
have been led into these remarks by desiro
mat The provisions Of this act Of Congress should be
better understood than they seem TO have becn nv
some OF our citizens But il has not been my ob.
Ject TO discuss its policy II is the law Its enact
lnehl was WITHIN the clearly expressed powers Of
Congress or rather in direct obedience 20 consti.
tutionai mandate, and its policy we have nothing
70 DO with here. That has been passed upon by
inc people and The States, through their authorized
representatives. Our duty as citizcns now is 10
obey u, frankly and honestly as a law of the land.
\ our duty, and mine, gentlemen, as Jurors and
Judge TO sec to it, thatiis obeyed and that the
legal penalties for violating 1t are esacted and en-.
forced, without fear, favor, or affection.
MY object in referring to this at the opening
oi our criminal sessions is TO call your attention 10
certain enactmcnts by which its execution may be
protected aud enforced through the instrumental.
~ Of the grand jury. IL is not that aporchcnd |
the Constitution or the law, still less the Onion OF
the States, TO be IN danger from any acts perpe-
uated or likely to be porpetratod, in this district
we are here IN the midst of law-obiding com
muniiy, which exercising literally as trust il /
always may, the right Of discussion and it's attend
ant right Of political reform, regards every law, 80
long as Il remains unrepealcd upon the statute |
book as binding upon the acts and tho conscenoes
OF the whole people. We are in n community which |
has heretofore suffered in reputation and repose, |
more perhaps than any other of our day and coun-
Try, from crimes OF excitement turbulence and /
iorce-end a community, therefore, more deter |
mined than others whose experience has been less |