Eastern times., 1850-11-28

III clear aud explicit terms. The only DIFF.
ference between the old law and the new
one, IN respect to osstrucring Its execution.
is TO he fonnd in the amount OF The penalty.
and not in The principle involved. But tits
objected that the new law provides, in addi-
ton to the penalty, for civil suit for ,la,na-
ges, 10 be recovered by an action of delt in
any court having jurisdiction Of the offence.
This is true but il is also true That simi-
lar provision IS TO be found in the old Iaw.-
The concluding clause in the last section OF
the law of 1893 is as follows: (which pen
atty may be recovered by and for the benefit
OF such claimant, by action Of debt, in any
proper court TO try the same; saring, more
ouer, TO the person claiming such labor or SER
rice has right ofaction for or an account of The
sad injuries, or either of them"
Is there any other provision of this law
upon which an explanation is desired?
A gentleman present asked an explana-
ton OF the ohec, aud effect of the record of a
court from another State, provided for in the
! 10th and last sectipn of the act.
am glad, said Mr.. D., that my attention
has been called to that point for heard Il
construction given to it im the speeches last
night entirely dileIent from the plain read
ing and object of that provision. 1t is said
|
claimant to go before court OF record Of the
State where he lives, and there establish hy
er pdrte testimony, in the absence OF the fu-
| gltIve, the fact of se!vltude, ownership and
escape; and that, when n record of those
| facts shall have been made. containing mi
mute description of The slave, 1t shall be con
elusive evidence against person cores
ponding TO that description arrested IN an
other State, and shall consign the per-
son so arrested 10 perpetual servitude.-
| The law con;emplates no such Thing, and
authorizes no such result. | have the char
! ily to believe that those who have put this
| construction upon it have not carefully ex-
anIued this part Of the law. The record
from another State, predicated upon "salis-
! factory proof 10 such court or Judge before
whom the testimony was adJuced and the
record made, is to lie conclusive OF Nv facts;
1st. That the person named i'll the record
does owe service 10 the person in whose be-
half the record is made.
2d. That such person has escaped from
service.
The language Of TIC act is, that The tran-
script of snch record authenticated &c,
shall be held and taken to he full and con
elusive evidence of the fact Of escape, and
that the service or labor of such person es-
Gaping is due 10 the party in such record
neutioneG.' The record is conclusive OF
these two facts, so far as to authorize the fu-
gltve 10 he sent back for trial under the laws
OF the state whence he escaped; bit IL IS no
euideace thai the person arrested here IS the tit
eiticc named IN the record. The question OF
identity is 10 be proven here 10 the satlsiac
ton of the commissioner or Judge before
| whom tire trial is had by 'other and further
| is I no thpr ~
The whole question rests upon il. The man
arrested may correspond 10 the description
set forth in the record, and yet not be the
same individual We often meet persons re-
>emb!ing each other 10 such an extent, that
the one is frequently mistaken for the other.
TIE identity OF the person becomes matter
OF proof, to be established by the testimony
OF competent and disinteTesled Witnesses and
10 be decided by the tribunal before whom
the trial Is had, conscienrIously and impair
tally, according 10 the evidence III tue Case.
The trial III tins Instance would be precisely
the same rs III the case Of the arrest oi Il
white man on the Charge of being fugitive
from JusIice IN another state. Ia that case
the writ OF the governor, and the Indictment
or even affidavit from another stale, contain :
ing the charge of crime, would be conclusive
evidence OF the right TO lake the fugitive
back, but the identity of the person Ia that
case, as well as fugitive from labor, must
he proved here by competent witnesses be
fore the tribunal provided by law for that
purpose. In these respects, therefore, the
negro Is placed upon perfect equality with
the White man who is 50 unfortunate as TO
he charged with an offence IN another state,
whether the charge be true or false. 1t is
no answer 10 This proposition TO say that sla-
very is no crime, and therefore tue parallel
does not hold good. am not speaking OF
the guilt or innocence of slavery; am speak
ing ofo obligations under the constitution
of the United states. That sacred instru-
ment says that fugitive from labor shall BE-
deirered up upon the claim OF the owner
The same clause OF the same instrument pro-
videS that fusitives from justice shall be de-
livered up. We are bound by otIr oalhs to
our God 10 see that clause of the constiiu-
ton, as well as any other provision, led
, into effect. The moral, religious and con-
stitutional obligations resting upon us here
and hereafter the same IN one case IL
the other. As citizens owing alleglence IL
the government and duties 10 society. we
have no right TO in;erpo>e our individual op'
, nions and scruples as our reasons for viola
ting the supreme law of the land as our IA
Ihers made it, and we have sworn to support
it. The obligation Is jusl as sacred under
that supreme law to surrender lugitves from
labor as iugtives from justice; aud the Con
eress of the United states are as lmperilive
: y commanded to provide the necessary leg
ls!aton for the one as for the other. The
act OF l79:}, to which have had occasion Il
refer so frequently, apd which has been lea
i 10 you, provided Tor these two cases IN lh,
same bill. The first half of that acr reIain!
: TO fuglives from justice, applies, from til,
nature and necessity OF the case, principall,
TO white men; and the last half, tor the sam,
= reason applies exclusively 10 the blacks
A have shown you, by reading and comrarin.
the two laws i'll your presence, that there i
no constitutional guarantee. or commou-lav y
f right, or legal orjudicicial privilege, for the
4 protection of the white man against oppres
r sion OF injustice under the law passed III II
r 93, and now 10 force for the surrender of tu
: cIIves from justice, that Goes not apply il
al its force in behalf of the negro, wnen ar
!, rested as fugitive from labor under the new
law. What more can the friends of the ne
J gro ask shan that, in all bis civil aud iega
Il rights under the constitution, he should bt
. placed OH an equal footing with the whit,
$ man? 1t is said that the law is susceptible
: of being abused by purjury and false witness
y In what human enactment does not the same
: obiaclion lie? You, or ], or any other man
: who was never in California in his life, ar,
:. liable, under the constution, to be sent lher,
in chains for trial as fugitive from Justice
: by means of perjury! But does that prov,
r that the constitution and the laws for carry