The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-19


with crime by affidavit or by indictment al home and an
authentic copy Of that, taken 70 any State conclusive
far the delivering up OF the criminal Is concerned
grant IL But lhaye already said, another OCCASION
that there Is an entire difference between the two sections
Of the constitution, The section looks only pri
ma acie case, sufficient to delivery Of The al
legged criminal that ne may De tiea IN the jurisdiction
TO slaves looks the fact OF eopemen service and that
the claimant is the owners and BY this very amendment i
i required thai those facts shall be audcaisd. thus adj
uniting ihe difference between the sections ; but then
they are, By this amendment oil the committee, TO be adj
Indicated at home. and eI parte
But again il is said in the very able report OF the
committee that is right and proper thai these fugitive
slaves be returned the home Jurisdiction from whence
they fled because the question OF their slavery depends
upon the laws OF that State and that its tribunals the
proper tribunals TO judge OF their own laws
Well, MIR President, that is new argument for re-
turning the slave to the Jurisdiction from which ne
fled. Sir, the same principle which requires that the
slave such should be returned 10 the jurisdiction
at home would require you 10 remit every contract or
right from the Stale where the remedy was 10 be en-
forced TO the State where the contract made,
takes bond IN Kentucky. He goes into Ohio
to coecit That bond is good bad, according 70 the
laws Of Kentucky They are % determine II 10. ye,,
the home jurisdiction, for the purpose Of claiming his
money enforcing his right! The principle is coexten
tract the lee ori the remedy There nothing then sub
nit in that view Of the But there Is another obec
lion to this suggestion OF an entire change Of the venue
II is not only dslrust our tribunals but really destroys
The right OF the State sovereignty to protect according to
lis judgment persons and property within its lurls
dction 10 all unless where the constitution other
wise provides. You thus take away one OF the neces
sary elements OF sovereign power.
Ii will then be asked. and naturally asked, as you
recognise this constitutional right with what will
you be satisfied answer, with the amendment OF the
act of l793 recently presented by the senator from Mas
sachusetts. Mr. WEBSTER Il the South will De con-
tent with that amendment, will vote Tor II and ven
ture to say il can be passed BY great majority OF this
body The senator from Massachusetts, says that this
amendment has been in his desk since last February
that he prepared It upon consultation with eminent mem
bes OF the profession and with high judicial authority
who perhaps has had 10 do with this subject than
any other OF federal judges And upon that full con-
uaion a and judicial ms hs NON, , Mas
the last few days. when was much gatifed by its pre-
sentaton, The Senate may remember that some two
months since had the honor to address this body at
some lsngth in reference this fugitive slave question
and in the remarks that then made, complained OF tho
bill from the Judiciary COMMITTEES, because, in the first
place. it was new bill covering the whole subject
stead Of being, what thought it ought to be,
amendment TO the act OF 49, This proposition OF the
senator from Massachusetts, meets the difficulty; 7 is
merely an amendment to the act OF 1913. said further
MORE that the great evaporation and difficulty in the free
States growing out Of the recature OF fugitive slaves,
who on soil recognised free was because It
done without show OF any process or authority 70
make the arrest This amendment OF the senator from
Massachusetts, meets that difficulty it prescribes that the
party shall take with him the warrant g make the ar
rest commended likewise that it right, with refer
ence the sentiments ofhe free States, 10 permit jury
of twelve to try and certify 10 the facts, and that
certificate be hnAi The amendment oil the SenatOt
from Massachusetts authorizes this in the event OF the
black, after due warning. swearing ne does moi owe
service to the claimant With this am satisfied though
fear the South viii not be. But, whether OF not,
am reioced to find that this amendment was not only
framed by the distinguished senator who presented IT. but
that il done upon full consultation with high au-
thoriy thus endorsing the most effective way the sew
eral principles for which coniended. had feared,
from the letter of that distinguished senator, recently
published called the Newburypori letter. that he thought
there was some unsurmountable objection to jury trial
but this amendment lpesened suppose, Tor action as
well consideration) satisfactory answer Al all
events am willing TO stand on this amendment, thus
But il has been said that the State laws Of the free
States do not afford sufficient facilities for giving parties
the benefit of trial by jury. beg to know what al.
donal facilities are required in case OF trial by jury,
beyond those required IN trial before Judge or com.
missioner. Not additional fact is 10 be proved, and
no additional time necessary In my State, and sup.
pose in other of the free States at least halt OF all
the jury trials tried by jurors summoned at the day oil
trial. and the spot But has been said that State
legislation has deprived the oil the power oi
aiding in the recapue oil fugitive slaves and deprived
the claimants of the OF the ials Now, permit me to
say that think the magnitude OF that evil has been some
what overraied. The New England States, which are
especially referred to, have done but the same author
ity referring this fact tells Us that 30 far as he can
learn there has been but one fugitive slave case wei au
thenlicaied within the six New England States for the
last twenty-five thirty years. This being So II IL
hardly necessary TO regulate our Legislation with view
10 practical difficulties growing out OF their laws An &C
Of this description was likewise passed in Pennsyl vania
n, think ls47or 1S4S; and the senator from Pennsyl
vana tells me that an attempt made 10 repeal IL
the last session that its repeal passed house, but did
not get taken up the other for want OF time With tina
exception (Which II is not likely will be conhnued
there Is. believe, such law in single border State
There Is no such law in New Jersey, 0hioi indiana Hi
nois OF in Iowa Indeed, these States he generally
stringent laws the other way And so, too. the fedora
government has its marsbas, who constantly take per-
into custody, and must always have some place un
der its control Tor such purposes apprehend, upon
fair view OF this matter, that The jury trial IL not justly
subject TO the exceptions which raised against 1t h
the report OF the committee from any other source
The amendment Of the senator from Massachusetts, re-
eves IL from all the great expense, delays and appea
which are deprecated Il merely substitutes the opnor
OF Judge commissioner and makes the verde. final
and The may then and there on certificate oil hs
acs, take away his negro. This IS, IN substance IN
law OF New Jersey now.
In conending for this jury trial, do not pretend q
any greater regard for the safety OF the negro than othe
men. But | look al this thing with view 10 the stat
OF feeling in the free States where live, and where
this law Is 10 be executed do not claim, never hay,
claimed, that jury trial in OF this kind IL con
siiiuonal right know such idea rs that has beer
put forth in certain quarters great cry has been made
about deprivng runaway negroes OF this constitutions
\ right will not stultify myself lawyer by saying
prosecution for crime il is suit al common law
is such right Of trial is secured by the constitution
But although do not put Il upon that ground, do sa,
that jury trial ought TO be granted as just deierenc
10 the views and sentiments oil the free States where TN
law 10 be executed and where in my Judgment. u can
not be well executed in any other way
The senator from South Carolina, Mr. BuLLra,] |
while SINCE asked il. in my researches, knew OF 90,
special where claim for slave IN point OF fact