Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

the
by the Senator from virginia. The same Ca ~
and appointed in precisely the Same wsv. Ths onr as
is, that lis bill names not more hSn tbree
in each county and the amsndmsnt ssysat lead On.
commissioner in each county the sams car AZ n.,.o
appointed in precisely the Same way WHO ess can i.
selected Already the Federal Government. have ;ur.;
of this question under the act of 1893 and You are
your proposed amendment to that giving additional
for the purpose Of carrying the provisions OF the ACT
persons who and take the place Of mere State
magistrates Of the peace Well 10 i to be suppos
ed that the United States circuit and district Judges in the
selection of the commissioners will appoint individuals
having legal character and legal atanmens at least CON-
mensurate with that OF the justices Of the peace whom
the Senator proposes that this duty shall be bestowed
The presumption that you will get entirely better class
individuals far legal attanmens concerned all
events, whether this be 30 or not the amendment have Of
red provides for exactly the class Of commissioners
does the amendment of the Senator from Vnsinia
Then again the Senator tells you that under the amend
men have offered will be necessary prove the existence
Of slavery in the State from whence the fugitive escaped II
necessary to prove that now and must b ever
prove for the fact that you claim nan as fugitive
from service implies that you must show thai man can be
held to service in the State from which he sfspes Under
the act Of 1898 it necessary do it. But to Senator mis-
understands the scope Of the amendment hae offered He
think that this amendment would leave the matter
open to such decision made in the nance in New
York. where the Judge decided that the fact NUT be sustained
by the production Of the statutes of Maryland slave
y Not all he Senator had looked the raseoogy Of
made to meet the difficulty In this matter, BY ppvding that
the fact may be sustained by parole evidence Iappehend
therefore, that there nothing in either Of the exceptions ia
ken by the Senator from Virginia.
will not discuss the question the character and bene-
6t Of trial by jury in of this kind The Senator's
view of that thing different from mine and his experience
has been different In my State have this thing tested
have seen this system acted upon and have evils
done to the MASTER while fuusce has likewise been done
TO the slave. Nor does involve the necessity of any add
ona form evidence. and above the necessity involved
in bringing the fugitive before commissioner He stands
before the commissioner just he stands before jury of
twelve They twelve commissioners and the facts
tried precisely the evidence before jury before
single commissioner involves more beyond that re-
CURED to summon jury, and that, suppose in majority
OF the free States could be done in hour In Of
three Of all the jury trials perhaps in the North they tried
before magistrate, and by jury summoned at sight de-
mand In this case, then, there would be no time lost
expense incurred the verdict Of the jury would settle the
matter, and the man would take away his slave.
Mr. BERRIEN desire to make but a brief remark.
The distinctive feature Of the amendment proposed by the
Senator from New Jersey, which wish to call the a.ten
ton Of the Senate is that which provides fora trial by jury
composed Of persons living in the State to which the fugitive
has escaped.
Now, presume all agree that it was the object of
the provision Of the constitution to secure to the holders
this species Of property the rights which they enjoy in their
respective States controversy has arisen the extern
sion Of the operation Of the constitution beyond the limits of
those States. But, within the States themselves there is
general of sentiment that the provision Of the
constitution was intended to afford perfect guaranty and
protection What is the right Of the holder of this species of
property in the State in which he resides IF his title to
that property be called in question: must be by personal
action and that action must be brought in the place where
ne resides, where he is entitled to trial by jury Of the
vcnage. What is the effect of this amendment It is
enable the fugitive slave to transfer the jury from the State in
which hes the resides free, perhaps distant
State
do not to delay this subject. do not mean to dis.
here and have merely express the hope that
Senators from the slave States will submit this question to
the decision of the Senate unembanassed unncumbered by
any argument their part If by of this Senate,
be asceaned that it is the determination of this body
thus to deprive the holders Of this property that right
which the constitution intended to to themhe right
to have the decision upon questions of this SORT upon all
other questions involving any personal action by jury Of
the vcnage- wish to have that question ascertaned and
with that vew ask that the yeas and nays may be taken
upon the adoption of the amendment.
Mr.WINTHROP. happen to have on my table, at this
moment, Mr.. President little pamphlet of which this is
think the second number entitled The United States Postal
Guide, and which contains paragraph which would
ture TO recommend to the attention of the Senator from Vi
gnia. 1t is in these words:
"FUGITIvE SLAvEs-In an action brought in the United
States district of the southern district of Iowa. by Rue
Daggs, of Clark county Missouri plaintiff against Eihu
Frazier and four other defendants for harborng conceang
and preventing the of plaintiff slaves who had abb
seconded into Iowa. the jury found verdict for the plaintiffs
similar trial had before Judge Mclean in the Circuit
Court OF the United States by John Norris Of Kentucky,
against eight residents of Michigan. The number
four, and the damages given BY the jury $3.50"
Now here have the result Of the latest judicial pro-
ceedngs the subject before Here have record of
the most recent decisions which have taken place in Of
the free States Of this Union And it that here
quite sufficient evidence show that whatever insumount
able obstacles there be in trial by jury the recovery
the fugitive slaves themselves there such nsurmountabe
obstacle to the recovery of the most exemplary and ample da
against those whohave aided in their escape think this
will serve to extent the suggestions of
the Senator from Virginia II will prove, any rate that
the South entirely without remedy redress for the
wrongs Of which she complains the law stands
For myself s without intending deain the Senate any
length cannot help expressing my hearty the
amendment proposed by the Senator from New Jersey.
understand that is the proposition which was laid on
the table Of the Senate weeks ago. by my distinguished
ed by him after careful consultation with Of the judges
of the Supreme Court whose decisions in of this kind
have always, believe been satisfactory the country
hold to be Just and reasonable provision and one which
ought form part of any bill which shall be passed for this
purpose The Senator from Georgia seemed 90 upon the
idea that there is but question be decided with regard
to person claimed fugitive from labor and that is the
question whether he belongs to- labor or service to-
the party who claims him. But that there
another and preliminary question: and that is, whether he
is fugitive at all whether he belongs owes service any
body It must always be question whether such person
be your slave, whether he be freeman Now whe
Their be be your slave might be question very proper to DO
tried by jury of the vcnsge and be decided the spot
where the pofessed resides but whether he be
freeman would seem to be question which, upon the very
principle should be tried where he seized and where the
immediate liberty which he enjoys about be taken away
80 =. N. rry r,r, 1.,.,, !, - :, .. !,