The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1850-11-07

l. Piyto ,Snaries Utopolls, gttiiS souuu dHu
sensible view of the much abused Fugitive
Slave law. It will be read with interest and
| satisfaction. ts
PHILADELPHIA, Oct. 25, 1850.
Dear Sir-My official engagements have
hindered me from giving that prompt atten.
tion TO the contents of your letter of the 22d
instant, which it would otherwise have re-
ceived.
Until informed by you was unable to ap.
prehend what possible cause could be as.
signed for the unmessured denunciations
with which the act concerning fugitives
from labor, passed at the last session OF
Congress, has been received by so many
persons in the northern portion of the Union.
Although it would be improper for me to
volunteer extra judicial opinions upon doubt.
full questions of construction of public sta
tute, yet if any opinions expressed by the
court on the late case of Henry Garnett, or
which, though not then expressed seem to
me incapable of dispute, can have any ten
dency 10 correct misapprehensions and calm
the public agitation on this subject, am
perfectly willing TO stale them.
In the case of Garnet, the warrant issued
by the Court was founded on the affidavit of
the alleged owner of the fugitive. But con
the trial or hearing" before the Court, after
the arrest, this affidavit was not received in
evidence, nor did the counsel for the clai-
mant insist that it should be received. The
claimant had wholly neglected TO make the
proper proof, before sa.ae, Court or Judge in
Maryland, to establish the fact, ,hat he was
owner of slave, or person held 10 labor,
and what was the name, age size, and other
marks, Of such person; and that the person
so described had escaped. Not having a.
vailed himself of the privilege and facilities
given him by the act of Congress for this
purpose, we decided that he must be bound
by the common law rules of evidence, as in
other cases, where a title 10 property has to
be established before a Court. We refused
TO receive the parties in interest as witnes.
ses, and wills, and other documents of title,
unless properly proved.
The act conien,clates trial and decis.
ion of the Court or Judge, involving ques:
tons both ofAaw and fact, and unless the
rules of the common law as I'd evidence be
followed, when no, changed by statute, the
tribunal wonld he mithoert rute, goFerucd. .on-
ly by caprice, or underlined discretion, which
would be the exercise of tyranical, not a
judicial power. 1t is the duty of the Judge
who exercises it, TO render equal justice both
to the claimant and the person claimed, if
evidence were heard on one side only, and
that too, without regard TO any rule or prin-
ciple known TO the law, gloss oppression
and wrong would flow from it, Free men
and citizens of Pennsylvania might be kid
mapped INTO bondage, undor forms of law,
and by the action of legal tribunal, sworn
TO do justice to all men. This much ma
lignedlaw not only gives ''trial," before
legal tribunal, before the claimant can be
authorized 20 carry the alleged fugitive out
OF the State, but it takes away from the pris-
oner no right which he would have enjoyed
befoe this act of Congress was passed.
IE all cases of extradisi&n, evidence esab-
fishing the offence, and The escape of the
person demanded, is usually made in the
country from which the person demanded
has escaped, and is necessarily er-parte, and
the chief question TO be described by the tri-
bunal before whom he is brought, previous.
ly 10 making an order for his extradition, is
only the question of identity, The party
demanded has right, of course to show
that he is rot the. person described. But if
he be the person described, he has no right
70 claim a jury sirial asto the question of
bis guilrzin The country TO which he has es
caped The gu Jon q identity, and wheth
er the person claimed is such a one as the
treaty between this two dountr'es requires to
be delivered up, has always been tried sum
marily and withouethe. Intervention of ju.
ry. No complaint has eyer been made when
srhite men have been sent TO Europe, on a
demand for their extradition, without giving
them ajury tries and Why greater privile-
ges in this riiatter sENhld be granted to col
ored persons, is not easily perceived. The
State of Pennsylvania guarantees a jury tria
to her own citizens, or to persons who are
charged with committing an offence within
her borders. Fugilives from an other Slate
have on such rights The government to
which the fugitive belongs, it is 10 be pre-.
sumed will do justice to its own subjects or
citizens, and whether thsy do SO, or not, j,
no concern of ours. However individuals
may fancy they have mission to rechfy all
wrongs on the face of the eanh, the State Of
Pennsylvania does not feel herself bound to
The Quixo,ic enterprise of avenglng theu
pressionof serfsi in Russia or slaves in Geor-
gia. This aci of Congress does not require
that judge should, without trial, surrender
a citizen of Pennsylvania to kidnapper.
The provision, "thai In no trial or hearing,
under this act, shall theltestimony of such
fugitive be admitted in evidence" Is no
more than the enactment of an estsblisL ed
principle of the common law, that no man
shall be witness IN lbs own cause. If this
provision were not in the act, ! would not
receive the Testimony of The prisoner to
prove that he was not The person described,
or that he was free man.. It would be d
ltemptation 10 perjury which no; Tribunal