Democratic banner., 1850-02-04


pie provision for bringing up the constitu-
!, t;onal question to the Supreme Court,
whether slavery could exist in the two last,
despite the Jecrees of Mexico ab"lisl,ing it.
Indeed, this was one of the c0mpr0mtse
features of the bill. So that no other addi-
i tional provision need be made to, have that
matter adjudicated by the highest judicial
tribunal known to the constitution. 1t is
true that the bill did not makeit the duty Of
the several district attornies to prosecute
the writs of habeas corpus, noE4did it i'm
pose upon the highest law officer Of the I'm.
ion to appear as counsel for the petitioner
in the Supreme Court. It was reserved
for Col. Benton and his abolition allies to
attempt to defeat the bill by this obnoxious
provision, and at the same time to shew
their sympathy for the colored race. Let
US look moment at the practical working
of this amendment. The owner of dozen
slaves removes them to California. No
sooner do they land, than one Of them makes
application to the district attorney of the
Territory for writ Of habeas corpus against
his master. The attorney has mo alterna-
tive but to prepare the application-the law
reqdites him to give his services to "any
person held in involuntary ssrvitude," who
makes application to him. and at the first
court held, the application is heard. The
master is compelled to employ counsel, and
attend upon the sittings Of the U. S. Dis
trict Court ofthe Territory. On the other
hand, the slave has the services Of the Attor-
nsy of the District, paid by the government.
A trial is had, shd the court decides that
the slave must return to the service Of his
master. The case does not stop hcre-for
j. is expressly enjoined upon the attorney
of the slave, by this law, that he shall take
the case to the Supreme Court Of the Uni
ted States, and there again the slave has
the brne6. Of the learning and experience
of the Attorney General Of the United
States. The master must also have a law
yer at Washington, and he must, to begin
with, pay the ordinary price Of slave TO
secure competentlegal assistance in the Su-
preme Court. The costs in the lower court
he must pay in any event, and so with those
incurred in the higher court. By the time
the case is docketed in the Supreme Court
the master will begin 10 count The cost, and
he would find that the ne cessary charges in.
CURED, and to be incurred, would amount
to more than three times the value Of his
slave, and he would willingly compromise
the matter by giving his slave his freedom
This, however, would be but the begin.
ming Of the end. His remaining slaves
could the next day, or week, or month. in.
stitute similar proceedings. There is nc
impeachment in their way-no costs TO pay
no attorney to Psy-but all that is required
is to make application 10 the district attor'
ney, and forthwith his master liberates him
to save himself from ruin by lawyers, sher.
ifs and Clerks Col. Benton ought to have
amended the amendment so as to have re.
quired the government to pay the costs in
Cured BY the slave. That would have
done the matter up about right. Now, it i.
) only half done. The government pays the
lawyer and attorney. but the foor marshal
clerk and witness, is left without any com.
pensenation. The bill should then, wher
so amended and passed, have been entitled
I"An act to give freedom to the slaves o.
New Mexico, California and Oregon, ant
to ruin their owners" More hereafter.
.-a@ gags. S.. = 4.
IL The record of life runs thus: Mar