Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-07
INDIANAPOLIS, NOVEMBER ., 1850.
The Methodist Conference aud the Fugitive

rodouht from the able pen OF Dr. SIMPSON As a mere
newspaper article we should have noticed It. But
il has been dgnifed by endorsement OF the Indiana
Conference in which they, by resolution, cordially
approve it." The editorial is full of errors-umnien-
tona errors OF course but just such errors as editors
will fall into when they attempt to write upon subjects
they do understand. We have always admired Dr.
Simpson for his eoquenee in the pulpit, and the simpc
" and beauty OF his style theological writer But
Divinity not law has been his study We shall review
his article in the spirit of Christian charity and benevo
lence He makes five objections to the law, which we
shall take up in their order.
1st. an denies a trial By jury" The inference
which would be naturally drawn from this assertion,
is that this is new feature. Such is not the iaet
The law of 1913 does not authorize jury, nor was
there ever a law Of Congress that did The inteE-
ton of Constitution the return OF fu-
gitive slaves. They " shall be deIrered up" IS the
language, and the law provides the mode; which is no
summary than the law of 1793 stringent
than the Statutes of Indiana.
Tire Commissioner is authorized 10 grant certii-
cate of ownership on the oath Of the his agent
as DR. Simpson supposes On his affidavit, he may pro-
cure the arrest of the slave hut when arrested he must
prove him he required to prove any other kind OF
property either 10y written oral testimony to the sat
isfacLon of the Judge Commissioner. The slave
nav introduce any competent testimony TO rebut the ev
denee of the show that he is not the person
and that he does not owe service Bat neither the
slave the can. be witness on the summary
examination.
The proceedings in the of fugitive slaves no
more summary than in Of fugitives from justice
In Indiana if a fugitive from Justice seeks shelter in
our State he is in the summary manner arrested
and brought before n Judge Justice OF the Peace
the indictment charge produced, and there Is
even strong presumption of his guilt the fugitive IS
committed to iail or warrant is issued authorizing the
officer or agent convey him to the State where the
offence was committed. He may have his writ Of ha-
BIAS corpus but the Judge will not try him for the Of
fence but will only examine the authority upon which
he is imprisoned. The proceedings are all summary
There is no Jury Tie Magistrate or Judge decides
everything. When taken to the place from whence lie
fed he is entitled to the benefit of jury trial So is
the fugitive slave. He may for his liberty, IN for
ma pGuperis and the court will assign him counsel
Now ask, is the liberty of black man more sacred
than the freedom Of white man! In the case the
evidence must be clear and satisfactory" that he is
slave and owes service Inthe other other case 1t only
requires strong presumption" that he has committed
crime. The present Fugitive Slave Law gives the
owner peaceabe and lawful remedy for the recovery of
that which the Constitution recognizes property !;
whilst it secures free persons from unlawful seizure
Men may commit perjury. There may be corrupt
Judges These things the law cannot guard against
If good objection to this law, it is good against
all laws for the recovery of rights in OF jus
tice.
ID. 20 The l0rit of habeGs corpus is refused" We
answer this objection by giving the language Of Attor
nev General Crittenden Therc is nothing in the bill
which conflicts with the Constitution, snspends,
was intended suspend the privilege Of the writ Of
ha5eas corpus Such of Congress would be null
and void In this particular, the law does not differ
from the act of 1793 the a of the State Of Indiana
the sams subject.
Sd. a direct bride is offered to the Judge" This
bride" is nothing than the graduation of the fees
of the Commissioner according the services rendered
Ifdischarged, the Commissioner only hears testimony
and enters the discharge II found be slave, he
tiers the judgment his record and issues the cerf-
of ownership; receives and the affidavit of
the owners f is made) that he is afraid that the
slave will be rescued by force He then hears evil
dence in the second case, and if he thinks there is dan
GER he issues his warrant Marshal convey tie
slave the State from whence he a1sconded. In the
ease the fee is five dollars. In the other, it is
Congress intended to pay the Commissioner in proper
ton the services rendered, and nothing This
objection raised by the enemies Of the bill
when under discussion in the Senate. is consistent
with bin Of fees in Indiana When Justice Of the
Peace non-suit he does receive much
when he renders Judgment and issues execution Does
DIR. Simpson believe that there is in the country
who could receive the appointment Of Commissioner,
who would be 50 lost every feeling of humanity and
justice, that for the paltry Of five dollars, he would
eonsign human being to eternal servitudsl
zth 90 The people tared to return fsyitirss -
The Constitution requires tiat fagitiv's fom labor
"sHALL BE DELIVERED "" The law provides that when
there is danger Of vioenee-herc the mob may iorci
bly, rescue the Marshal shall have full power
any number of aid him convey the slave safe
" to his The expenses to be paid out of the
Treasury. Without such power, in many of the States.
slave could be delivered up. This is right The
owner ought not be compelled TO payfor protecting
his properly which the Constitution says shall be de-
livered up to him. II pr ,pery destroyed by mob
in city the people are axed pay the damages.
This is the principle. Let the Constitution be
faithfully Observed and tic people viii not bs taxed to
return fugitive slaves.
9th. c0nmGadsG al good citizens to assist ia STARE
catching" And all good citizens viii assist in the
forcement Of the laws bat there is penalty for
fusal. When the officer calls on a man who believes
that he is boand by law higher than tie Constitution
be may refuse with IMMUNITY. The law only authorizes
the Marshall call upon good citizens No penal
~ simposed for it is not presumed that they viii fold
their arms when they see the law and the Constitution
trampled under foot by the mob Let suppose case
runaway slave the application of MS owner is