The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-19
Charge OF Judge Kane relative 90 the Furi-
tive Slave Law.

GKNTLEMES THE 0RArD JuHr 1T has not been
the sessions Of the United States Courts with special
charge TO the Grand Jury The experience OF the gen.
tsnsn who have constituted that body and the we'll
their official notice, have made 1t generally unneces
ssry circumstances, however at the present time,
respect ar. AVIAN. thai, b, o, "a. .,.,.. q, a..
held to service labor in state under the laws
thereof escaping into another, tha be delivered up
be- due. This provision vas s.p,naes
into details by the act OF Of the 18th Of febru
ary l793 which empowered the master his agent
seize or arrest the fugitive from labor and take him
before Judge OF the United States any magistrate
Of county city, or town corporate who receiving
proof OF the facts either by oral testimony affidavit
was required to grant certificate having the s.ot OF
. warrant, for the removal Of the fugitive.
1t was grave defect in this law that 1t LETT the
master without the aid Of in the first
to impress the accustomed legal formsltes upon the
eriest which authorized The capture OF the fagi
right to make It was, Of course readily and in fac,
often smulated and the public sym pathies In
quence enlisting themselves naturally on the side Of
the arrested parry the Office Of bringing the slave to
the judicial forum became irksome and da ngsr-
Gus sometimes from popular excitement. The master
his slave without seeking the Judges certificate and
thus lis exercise Of legal right made him still
liable to be COMPOUNDED With the man It aer and the
manstesler found facilities In masking his crime
These considerations - some who hear me may re-
member, entered into the view Of the Pennsyl
1877 By that statute the several judges and justices
Of the peace commissioned by the state were u.ho.
master or his agent under which the arrest va, made
BY sheriff or constable and the hearing took
place before State judges who either gave the master
asertihosterscognzins his right or discharged the
prisoner
BY this act, PeEnsy lvania aided effectively for the
time in carrying out her constitutional engagement
for the delivering up fogitves from labor am not
aware that while il continued in force the aser in
any considerable number Of cases encountered dcu
tlag ing ta Yluh hat mi
under Its provisions to any alleged fugitve and
certainly the psace of the community not out
ragged nor the dignity Of the Law insulted have
been since by acts and threats Of Ia xlsss force 1t
peed the Legislature howsver in the spring lsiT
net only TO repeal this statute but also to nhbit the
aiding to execute the act Of Congress OF 1898;
over TO refuse the OF the public prisons for the
OF fugtves from labor and to denounce
as nisdemeanor any attempt of the master, II at
tended with violence and tumult to seize a fugitive
"eitber with without the inienti.n of taking him
before a Judge Of the United States Courts y
II Is not my ONCE 10 make any comment on the
sprit or the terms Of this statute Of Pennsylvania.
but have the right to that Its have
apparently been most injurious the mas
ter perilous to the free black and cooperating bans
tween the States OF the Union without which Union
itself H. scarcely blessing From the time OF les
msnt TIL the passing Of the recent act Of Congress the
p.rly to avoid the tumult and violenee' which would
fellow upon an attempt TO carry his fugitive slave
TO the judge at Pittsburgh or Philadsl ha, aud
to tall back instead his constitutional right OF
claiming him without judicial hearings mode Of
reclamation always liable to popular ption,
and not unfrequeny the provocative OF eng against
the party resortng to 1t. On the other hand the
crime OF kidnapping free pegross made more secure
from detection by the Withdrawal the rightful
master Of the badge which distinguished him from the
wrong doer, has, II correctly informed been per-
perated within our borders much mere frequently
than IL before. Fanatics OF civil discord have,
meanwhile exutsd In the fresh powers OF harm with
which this State Of things Invested them aaa toe
az II about to DO rent asunder and tost u~gme nts
by the outbursting Of q volcano.
The act of Congress, OF the present year does little
more than renstste the enactmsnts Of the Psnnsyi-
ysnia statute Of 1890 with the sanctions ETA Law Of
rants By the federal judges and by the com
who exercise the functions OF justices Of the peace
under the laws Of the United States requires those Of
1ces TO hear and udcste upon the case and makes
IL tho duty Of the marshal aud his deputies TO execute
their process Just a. the Psnnsylyana statute au-
rants the State JUDGES to hear and adjudioate and
the sherifs and cossta bles to execute
These are indeed, the oaly changes OF any note
which the act q Congress has made Its other poo
visions except those OF mere detail are deciarasory
tmpiy Of the Law IL stood before, or are ia close
analogy safe and long estsbl shed usages. Such s
that clause which excludes the arrested party from
giving testimony In bis own case; tina. which reeog-
nlses Dispositions and Judicial records from the state
whence the fugitive has escaped rs competent proofs
on the question OF extradition; aud that which for
the purposes of the same question at the snm asy
h,sripg, regards adj Indication made Pars In the
courts OF that State as conclusive on the point that
certain tlave has escaped and that the claimant was
II,
identity Of the parties ouch too, Is the provision
that the certificate warrant OF extradon shall not
be bndered or delayed in It's execution by the sn1ss-
quent Intervention OF other courts and that which
commands the posse eomafs In aid of thu onisers who
are charged with process.
have been led Into these remarks BY desire thst
the provisions this act Of Congress should be bet
ter Understood than they to have been BY some
Gu, : its policy. Il is The law. It's ensctmsnt was
within the clearly expressed powers OF sress or
rather indirect ooedienee TO aconsitntona man
10. rollc hawa Mt fnut d %
has been passed uren by the people and the States
through their authorized representative Our duty
alav OF the land Your duty and mine, gentlemen, as
jurors and judge Is - see to u that It Is so ooeyed
and that the ss. penalties 70, :, a.s,ss
NY ohjset in referring to this act at the opening OF
criminal session 10 TO call your attention 10 certain
enactme nts by which its execution may be protsctea
and enforced through the fundamentally Of the
Grand Jury. II 10 not that spprehend the consttu-
ton, the law, st less the Union OF the ststes 70
be perpetrst.d, in this district We are here In the
midst Of law abiding community, which exercising
liber Ally as trust IL always may the right OF discus
sion and its attendant right Of political reform re-
cards every law long IL remains unrepeaed upon
ne ~ tss xsos psope we are in community
which has heretofore su red In ana repose
more perhs ps than any other OF our DAY aud country
from crimes OF excitement, turbulence and orce.sno
q community therefore, determined than others
whose experience has been less painful can D. " Sc
cure domestic peace by vindieating the supremacy o.
We know that this Law will be enforced here fairly
and according TO Its terms; and that 10 viii be vtnd
Gated matter what the personal character Of the
men Who may asza 10, what their profession or po
sitlop in life. their just influence other topics
with those who about them. This Law, repeat "
will be enforced; audi broken IL will be vindicated
The constitutional oompsct which was made within
these very walls, will never be repudiated here.
have ALLUDED 10 unreservsd discussion, as among
the essential and characteristic I.sts Of our coun
tymen. IL may Be even mere-a duty and yet
there limits, beyond which, what u some.
times called discussion, neither profitable MOI
lawful To question, 70 dsbsts, TO dstefmin'
upon the policy or the impolicy OF o particular
law or ~ stem Of lsvs-to inausnce BY argument on
by appeals to feeling the aston y. those 70 whom
the law making power issDtruscd ~ the constitution
or the judgment of the people Of the States who BY
their votes make thslsv msksrs all tis IL lawful and
pay be praissworthy But TO 10 further, and REFUSE
obedien CO 70 statuteto stimuste oppugnaton to II
While 70 stands In all the dignity 81 the supreme Law
Of the land ITO harrsss the officers Of tho law while
engaged in enforcing 20 seek 20 deter them from at
tempting TO DO by denunclston msnaees Of harm
by pledges Of immunity 20 deeds of violent resist
tI.~. h. AtsN-