The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-09

in the number Of public authorized 70 sor
aid in abe seizure and arrest Of fugyss Various States
render OF fugves from labor the committee believe
iron mlsconcePson Of their duty arising under the con
sitqtion Of the uaiied States ls true that decision
counenance TO them n withholding their assistance But
The committee cannot but believe that the intention OF
the Supreme Court has been misunderstood They can
not but think that that court merely meant that laws
the several States which created obstacles 10 the way o.
the recovery 0f tugityes moi authorized py ne con-
silunon, and not that State laws a1od'hg ,sce s, ~
The non. slayehoIding States. whatever sympaihies
fny oSs s ssass esnno discharge from
obliration 10 enforce the constitution OF the United
States All parts of the instrument being dependent
rpon and connected with each other ought TO be fairly
and Justly enforced II some States may seek to exon
crate themselves from one portion OF the consulunon
Other States may a"S S % ns m
lis most important provisions, might become imperative
and invalid.
But whatever may be the conduct of Individual States
the duty Of the general government is perfectly clear
That duty is TO amend the existing law and 10 provide
an electual remedy for the recovery OF fugves from
ssy h 2, labor 70 desssng such remedy Gongssss
fair restoration OF his property eecualy to guard, on
the other, against any abuses in the application Of that
In ali cases Of the arrest within State, Of persons
charged with offences; all cases OF the pursuit OF ugi
tves from justice from State to another State in all
ucdtieb UelWctn
sgn powers-the proceeding uniformly is summary. II
has been thought necessary to apply in OF
that kind, the forms and ceremonies Of final trial And
whsn that trial does take place, IL il in the State
Try from which the party has fed and not in that in which
he has found refuge BY the express language OF the
constitution, whether the fugitive is held to service OF la
Dor not 10 to be determined by te laus of the State
from cic he fed and. consequently, i is most proper
that the tribunals Of that State should expound and adj
minister its own laws. Il there have been any in.
stances of abuse in the arrest OF ugves from
service or labor the committee have not obtained knowl
edge Of them, They believe that none such have
Cured and that such are likely TO occur But in or
der to guard against the possibility Of their occurrence,
the committee have prepared, and herewith report,
(marked b. section, to be offered to the fugitive bill
pending before the Senate. According to this
ton the owner Of fugitive from service or labor is.
when practicable to carry with him to the State in which
the person is found record from competent tribunal
general description Of the fugitive This record properly
attested and certified under the Official seal of the court
being taken to the State where the person owing service
or labor found, is to be held competent and sufficient
evidence of the facts which had been adudcated and
will leave nothing more to be done than to identity the
Numerous petitions have been presented praying for
trial by jury. in the case Of arrest OF fugves from SER
vice labor, in the non saveholding States Il has
to practice and Uniform usage IN ali similar cases Under
the name of popular and cherished instituionan ns
tuition, however never applied in Of preliminary
be complete mockery OF justice, far the owner of
the fugitive is concerned. II the trial by jury be admit
ted. it would draw after its usual consequences, Of
tnuance from time to time, TO bring evidence from distant
places; of second or new trials, in where the
Jury il hung, the verdict is aside and of revisals
q % and conduct Of a y tn
pensve proceedings, what security is there the
ody and forthcoming Of the fugitive upon their ermna
ion And il, finally, the claimant should be successful,
contrary what happens in ordinary litigation between
free pesons he would have to bear all the burdens and
expense Of the litigation, without indemnity, and would
earn by sad experience that he had by far better have
abandoned his right the first instance, than to esab
lish it at such unremnnerated cost and heavy sacrifice
But whilst the committee conceive that trial BY jury
captured would be virtual denial Of justice to the claim
ant OF such fugitive, and would be tanamount to posi-
tive refusal execute the provision of the constitution,
STATE from which be fed. n the saveholding States
full justice 10 administered, with entire fairness and i'm
Partially, in cases Of all actions for freedom The
son claiming his freedom is allowed to sue lorna
paapen; counsel is assigned him time is allowed him
to collect his witnesses and to attend the sessions of the
y is Invested Of the possession during the progress Of
tho trial. to insure the enjoyment OF these privileges and
there be any leaning on the part OF courts and ures,
is always on the side OF the claimant for freedom.
In Difference to the feelings and prejudces which pre-
vail in the slaveholdng States, the committee pro-
pose such trial in the State from which the fugitive
the certificate for his return that he has right to his
freedom. Accordingly, the committee have prepared and
report herewith (marked CD two sections. which they
pending in the Senate According to these sections. the
claimant is placed under bond and required TO return the
fugitive TO that county in the State from which be fed
and there to take him before competent tribunal, and
allow him to assert and establish his freedom he can
afording to him for that purpose all needful facilities
The committee indulge the hope that, il the fugitive
Congress- il will be eectua to the recovery Of all
fugves from service labor, and shat il will remove
all causes Of complaint which have hitherto been expe.
renced that irritating subject But IL its practical
operation il shall be found insufficient, and IL no ade.
quats remedy be devised for the restoration TO their
owners Of fugitive slaves those owners will have Just
tile TO indemnify out OF the treasury OF the United
States.
II remains to report upon the resolutions in relation
lumbia- Without discussing the power OF Congress to
abosh slavery within the Distinct in regard to which
diversity OF opinion exists, the committee OF opi-
ion that II ought not 10 be abolished II could not be
done without indispensable conditions, which are not
likely 10 be agreed TO. II could not be done without
exciting great apprehension and alarm in the slave
States II the power exercised within this Dis
nici. they would apprehend that, under pretext
OF another, il might be hereafter attempted be exer
It present all such power within those States is almost
unanimously davowed and disclsmed In the free
States But experience in public affairs has too often
shown that where there 10 desire TO do particular
thing, the power TO accomplish IT, sooner or later will
b found or assumed
Nor does the number OF slaves within the District make
the abolition OF slavery object Of any such consequence
g appears 70 Be attached to il in some parts Of the Union
Since the retrocesson Of Alexandria county Virginia.
the eouth side of the Potomac, the District now con
eisls only of Washington county, the north side OF
that river; and the returns OF the decennary enumeration
OF the people OF the United States show rapidly pro-
gressvc decrease in the number OF slaves in Washington