Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-31

applications for freedom; nor do know nor have
heard alleged, that the decisions of these tribunals
not fair and upright Such of them as l have seen
evnce, certainly, these qualities in the Judges.
The act of Congress of the 18th Of February, 1898,
appears TO have been well considered, and to have
passed with little opposition. There is evidence
known to me- that any body at the time regarded any
OF Its provisions repugnant to religion, liberty the
constitution, or humanity. The two Senatorsot Mas
sachuses, at that time were that Distinguished leglsa-
tor and patriot OF time, George Cabot and that 9TH
er citizen OF Massachusetts, among the most eminent OF
his day for talent, purity OF character and every viz
tue Caleb Strong Mr.. CABOT Indeed, was one OF the
passed the Senate without division In the House of
Representatives it was supported by Mr.. Goodhue.
Mr. Gerry both then, believe, OF your county of Es
SEX (Mr Goodhue afterwards Senator of the United
States. and Mr. Gerry afterwards vice President of the
United States0 Mr. Ames, Mr.. Bourne, Mr.. Leonard
and Mr.. Sedgwek, all members from Massachusetts;
and was passed by majority Of forty eight to seven
Of these seven, one being from Virginia. one from Ma
ryland, one from New York, and four from the New
England States; and of these four, one Mr.. Thatcher
from Massachusetts.
am not aware that there exists any published ac-
count OF the debates on the passage ofhs act have
been able to find none. have searched the original
files however, and find among the papers several pro-
positions for notifications and amendments of various
kinds but suggesting the proprety of anyury trial
i'll the State where the party should be arrested.
For many years, little or no complaint made
against this law, nor was supposed to be guilty of the
offences and enormties which have since been charged
upon it, 1t passed for the purpose of complying
with direct and solemn injunction OF the constitutions
it did no more than was believed to be necessary
compsh that single purpose; and it did that in
tous, wild manner to be everywhere conducted accord
ing judicial proceedings.
confess | see more objection to the provisions Of
this law, than to them by Mr.. Cabot and Mr..
Strong, Mr. Goodhue and Mr.. Gerry /; and such provi-
sons appear to me, they appeared to them to be abb
soutey necessary if we to fulfil the duties posi-
lively and preremptory enjoned upon by the consti-
tuition othe country. But the agitation caused by
Abolition societies and Abolition presses has to such
extent, excited the public mind, these provisions have
been rendered obnoxious and odus unwearied endea-
vors have been made and but too successfully rouse
the passions OF the people against them and under the
cry OF universal freedom and under that other cry that
there is rule tor the government of public and pri
vae men, which is OF superior obligation to the constitu-
ton of the country several of the States have enacted
laws to hinder obstruct and defeat the enactments of
this act OF Con gess to the utmost of their power The
Supreme Court of the United States has soemnly deci
ded that it is lawful for State officers and State mags-
traes to fulfil the duties enjoned upon them by the act
OF Congress of 1898, unless prohibited by State laws
and, hereupon, prohbitory State laws have been i'm
medatey passed, infilctng fine and Imprisonment on
all State officers and magistrates who shall presume to
conform to these acquisitions OF the act of Congress
Aud these prohbtory and penal laws of the States have
rendered imperative on Congress to make further and
other provisions for carrying into effect the substantial
intention OF the of 1893 And this the cause of the
introduction into the Senate, oa bill on the subject re-
Gently by the Committee on the Judiciary Notwith
standing all that may be said by shallow men, ignorant
men, and factous men-men whose only hope of maxi
ing or OF keeping themselves conspicuous, is by nces
SAINT agitation and the most reckless efforts to alarm and
msgulde the people, know OF persons in out of
Congress, who wish any thing more to be done the
subject OF fugves from service, than what is essentially
necessary, in order to meet the requirements OF the
sttuton, and accomplish the objects of the act of Con-
gress OF 1873. And whatever enactments may deem
essential to this purpose l. for one, shall certainly sup
port, as feel bound to do by my oath of Office and by
every consideration of duty and propriety
AS have already said the act of Congress of 1898
made no provision tor any trial by jury in the State
where the arrest of fugitive is made. have cons-
dered the subject with conscientious desire to provide
Tor such jury trial. possible in order to alay excite
ment and remove objections. There many Difficult
ties however, attending any such provision and main
one and perhaps the only insuperabe one, has been
created by the States themselves BY making it penal
offence in their own officers to render any aid in appre-
hendng or securing such ugves, and absolutely refu
sing the use OF their als for keeping them in custody
I'LL jury could be called together, witnesses summon
ed, and regular trial be had. 1t is too much to
say that to these State laws to be attributed the actual
and practical dena! of trial by jury in these cases.
These i'll considered State laws it is which have abso
luely refused the alleged fugitive, as the case now
stands any trial by jury by refusing those aids and ia
cities without which jury trial is impossible
But, at the time, nothing is more false than that
such jury trial is demanded cases of this kind by the
constitution either in its letter or in its spirit The con-
sutlon declares that in all criminal prosecutions there
shall be trial by juy the retaining OF fugitive slave
is not criminal prosecution.
The constitution also declares that in suits at common
law the trial by jury shall be preserved the retaining
OF fugitive slave is not suit at the common law; and
there no other clause or sentence in the constitution
having the least bearing on the subject
have seen publication by Mr. Horace Mann a
member OF Congress from Massachusetts, in which I
find this sentence Speaking of the bill before the Sc
nate he says This bill derde the trial by Jury secured
by the constitution. man may not lose his horse with
out right to this trial. but he may his freedom. Mr.
Webster speaks for the South and for slavery not for
the North and for freedom, when he abandons this
right This personal vuperation does not annoy me-
but lament TO see public man OF Massachusetts so
crude and confused in his legal apprehensions and so
little acquainted with the Constitution Of his country as
these opinions evnce Mr. Mann to be- His citation of
supposed case as in point, if it have any analogy to
the matter, would prove that, if Mr. Manns horse stray
into his neighbours field, he cannot lead him back oih
out previous iaL6yjury to ascertain the right Tru
y, if what Mr. Mann says of the provision of the Con-
stuon in this publication be test of his accuracy in
the understanding of that instrument, he would do we'll
not to seek protect his peculiar notions under its
ton, but to appeal at others do to that higher
authority which sits enthroned above the Constitution
and above the laws
Gentlemen, am extending these remarks, fear, to
quite too great length; but there is still one cha
racteristic OF this agitation too remarkable to be omit
ted.
A member of Congress from Illinois, of talent and
rapidly increasing distinction, (Mr Bsse in speech
delivered in the House OF Representatives on the Dist
day OF February made these very true and pertinent
marks
| am not SO unmndiul of truth as to deny that, in
respect to the subject under consideration some of
Southern friends have good cause to complain But
must have been remarked by all of that the repre-
senatves from those States which have really been ag
greved in this respect not those who have threaten
ed us with disunon. These threats have come from
the representatives OF States from which, venture to
say an average not one slave escapes five years
Who ever heard OF a slave escaping from Mississippi
or Alabama! Where does he 60 to? Who helps him
away! Certainly not the people of the North. Ken
lucky, Virginia. Maryland and Missouri the only
States that really sufferers by the escape of slaves
do not to have dreamed of dissolution
dy, while the representatives from few OF the extreme
cape then from the Island of Cuba, see ample cause
and imperous necessity for dissolving the Union and
establishing Southern conederacy, in the alleged
fact that their slaves entced away by the citizens of
the North"
equaysnguar and striking aspect in the fact that the
greatest camo and outcy have been raised against the
cruelty and enormity OF the reclamation of slaves in
quarters where such reclamation has ever been made