Weekly national intelligencer., 1850-11-16

4
other savehodng Saes he would be In
If this is doubted by any let him examine las have
done) the volumes Of the decisions OF those States They
are most of them 10 be found in the Suffolk Law Library
The remaining sections OF the act OF 195 refer 10 he rem
diop OF fugtives from service. They are as follows:
Sec And be il further enacted That when person held
10 labor in any Of the States in either OF the
ON the northwest south the river Ohio, under the
herrof shall escape into any other of the said States
Territory the person whom such LABOR or service may De
bis agent Attorney is hereby 70 sele or
any Judge OF the Circuit District Courts oil the United
States residing being within the State, or before any
esrate OF county city, corporate wherein such
or arrest shall be upon proof the salts
faction Of such judge magistrate either by oral test mony
or affidavit taken before and cerhed BY magistrate Of any
sucb State or Territory that the seized arrested
doth under OF the State Territory from which he
or she fed service labor to the claiming him or
her. shall be the duty Of such judge or magistrate to give
certificate thereof to such CLAIMANT his agent attorney,
which sufficient warrant for removing the said
from the State Territory from which ne or she He'd
Sec find be further enacted, That any person who
shall knowingly and willingly obsruct hinder such claim
ant his Attorney so e'zing or arrestng such gi
tive from labor shall such fugitive from such claim
his agent attorney when so arrested 70 'hs
authority given declared shall harbor conceal
such person, after notice that he or she was rom
labor As aforesaid SHALL for either of the said Offences forfeit
pay the Of Eve hundred dollars which penalty may
be by for the benefit of such claimant BY action
to the person claiming labor his right action
for or Of the said injuries either OF them
Now in what respect do the provisions Of the act of 1850
differ from above First in the appointment oi mags
trates under the authority Of the United States to carry them
into effect The act 1898 authorized the person claiming
the service Of the slave his agent to arrest and carry him
before judge Of the United States Court, before any ma
esa,e Of the State where the arrest made and On
proof being made the satisfaction of such judge mags
trse by oral testimony or affidavit that the person arrested
did under the laws Of the Slate from which he escaped owe
service labor to the person claiming him. It was the du
of the Judge Dagsate TO give certcae nefco 70 ne
claimant his sgsn and this certificate declared to be
sufficient for removing such fugitive to the ate
from which be fed. This law executed IN good faith
for many years. But in l843 the Legislature OF Massachu-
setts enacted that judge Of any court Of TINS common
wealth. and justice the peace shall thereafter take cognl
grant certificate that may arise under the
Of Congress above quoted who claims an
other fugitive slave, within the jurisdiction Of tins Com
monweah and for any offence against this staue oy In
any way directly indirectly acting under the power confer
red by the said of Congress relating to fugitive slaves the
offender subjected fine not exceeding one thousand
dollars imprisonment in Jail not exceeding one year.
What this but nullifcaton limited only BY the power
Of the Legislature For fifty years the act OF Congress had
stood the test of critical examination In the free States It
had been declared constitutional and obligatory upon
the citizens OF Massachusetts, by the Court Of thls
Commonwealth in 1928 II had been affirmed BY the high
tribunals the States OF New York and Pennsy vania,
and by the Supreme Court of the United States Judge Story
pronouncng elaborate and conclusive opinion in favor OF
the law had been executed in good faith by the genera
ton Of who witnessed the revolution, and by those who
lived enough those times OF hardship and peril to
have traditional appreciation OF them but in an evil
hour their suffered themselves be persuaded into
the adoption Of the onsdeed act of ls43, above cited
thus far they could, annung the provisions OF an
of Congress and requirement OF the constitution
believe, but do not know, that similar measures were
adopted in one or two other States.' do not deem it Of
imp in this discussion My remarks are addressed to
my fellow citizens of Massachusetts, they shall have any
influence them inuce them the they
are pursuing and take observation, shall be satisfied
The Massachusetts, Of ls43 prohibited the magistrates
Of this Commonwealth from taking cognirance Of any case OF
claim to the service Of slave What remedy, then, had
the claimant The only magistrate TO whom he could ap
ply after the passage Of this the District Judge of
the United States, and in any arising in the interior OF
the State that denial almost o all remedy The act
Congress says to the claimant IN Berkshire or Hampshire
take the before justice of the peace OF the county
where the is made The statute Of Massachusetts, in
effect sends him Judge Sprague 10 Boston, or to Judge
Woodbury. if he happen to be tere This course Of legls-
aon rendered further provision necessary for carrying
the constitution into effect, and OF the causes OF
the enactment of 1850, by which magistrates, denomnaed
commissioners appointed by the authority of the United
States ubsituted for the judges and justices of the
peace to whom the Of 1898 committed the adjudication
Of these questions This the first difference between the
| acts of 1898 and 1850.
No 3-In the preceding remarks which have submitted
on this subject, showed that the constitution of the United
States contains pGcn contract that fugves from service
Or in other words savessnH be dsrred up, and that
the Of Congress passed 793 prescribing the mode Of
procedure by the claimant OF fugitive, consutionaso
declared by Supreme Court well as ty the Su
preme Court of the United States then commenced
animation of the Of 1850, with view to the differences
between and the act of 1898 and the first difference that
presents itself is in the substitution of magistrates commits
stoned under the authority Of the United States for the judges
and magistrates the States This appears to have
been indispensable measure far relates TO this Com
monweah, since the Legislature Of lS43 prohibited the
judges and magistrates of this State from taking cognzance
Of these How far the passing Of such acts that OF
ls43 virtually annung the remedy Of claimants Of fugitive
slaves the Of the late enactment by Congress-
have better of judging than others have but the
debates 10 Congress show that these consider
ed by the from slave States he direct and overt
Of resistance their lawful and constitutional rights
by individuals merely, but by the highest authorities Of
those States which adopted them am not that any
usi6ca ion Of these nuying States attempted by the
members Of either House tpho feel the obligations The
stto those who profess be bound by what they call
higher a,o-of whom there twelve in all
may have done 30.
The question is whether this provision Of the late
Of Congress OF such character render the act ina
NOUS Of the late speakers and writer's in newspapers
declare it TO be. If probable that the commissioners
appointed by the judges Of the Supreme Court should be
of inferior qualifications the justices of the peace upon
that law there might cause to reere, the
change though not stamps the Law with nfamy; but
if the commissioners in this county to be taken spec
Of that class of magistrates the fugitive slave will
suffer from the substitution.
The point of difference between the acts Of Con-
gre Of 1898 and 1850, in making the duty Of the
sha Of the United States in each district to the pro-
Of the magistrate by whom certificate shall
be granted This is in strict analogy the execution Of all
other laws Parties having rights (or claiming have them
in general not permitted to enforce those rights real OF