The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-25

!, matter Of complain, against the old eoofedsra-
on that the articles contained provision for the
ion Of tegtiyes from services and in framing present
servce in STATE under the laws thereof ping
shall II % Of AMY law Or sa.oa
be I on claim OF The party 70 whom such service
voice. There Is moi another Article ia that eonsiia,o
which wb little opposition In the ratification
told is 10 opict with and nuhed by The higher law Of
God. Connecticut certainly took upon herself It's obiga
,eiaes to shipk them now pray that il may be done
boldly, becomes sovereign State aud not leave the
Soey which aaSe bb q her acts Of sss and s
with hypocrtca devotion Tor the letter OF the eons
,ion, she virtually annihiiaed It's spirit and nued the
out The provisions Of the constitution Congress
In l793 proposed the first and only fugitive slave law prior
of 1860 That law passed both houses OF
Congress by nearly unanimous vote, and bears upon
ness that higher laws absolyedus any obedience TO
rarely called into operation within the borders OF Connec
but that fault Until the year 1888 the
which could pa nc Ss mouth q her sister States a. the
South the reproach that she, either directly or indirectly
The Of 1898 open all the objections which have
been started against the law OF 1885, and In respects
offered greater facilities for abuse But we to learn
the first instance which that law turned to the OPP
pTessons Of any anenabe 10 its provisions Un-
der that law, the seizure OF the fugitive, IN every case,
could be made BY the to %hS% his was due
cases. "a warrant" TO be issued by court judge,
before the arrest can be made And here let
law, in thar violates the 4h article Of the amend
2 he % Ssso from
iorce was that objection made TO the old law, IN the sn-
c Y ss 81 .ay
deciding against that objection Thai instrument (he
al %s1s bound 70 coasSel what s
intention OF the constitution The words of il used
OF delcacy, o nd in the convention
tered into agreement that slaves should be considered
tuition had been made" And Chief Justice Parker re.
marked the construction there given had
adopted since the federal constitution went into
The act 1913 empowered every magistrate even
fugitive could be removed from the State. Under The
present law this power is confined to the of the
Thus, under the old law. the saveowner himself could.
without the fugitive in the State Of Connec
the authority % carry him of whereas. under The present
law, neither step be taken without warrant first is
ed officers Surely these the why the pres
enl law is much obnoxious than the old one
But is urged that by the present law the constitutional
rghtto habsas corpus suspended and the right trial
BY jury violated answer, that II, this
the Supreme Court othe United States passed upon the
consrituonalily Of tina, act they should have entirely
there is anything either of these acts deprvng the
q S % T whsh e.
sure, CATER The granting Of the certcae) under
the y which h 1s q ion e w The labor 20
fled could such process issue Ia behalf Of fug
aaSss. corpus. Ths final dsssrminasion na, question is
reserved for that jurisdiction from which the fugitive has
must exist And such was the construction Of the law Of
Judge Story IN commenting upon this article OF the
constitution, and the act OF 1913, says'
IL obvious that these provisions
mova of ngiives OF both classes conen plate summary
ministerial proceedings, and the ordinary Of
dicia ascertain whether the complaint
be well founded the claim OF ownership DO established
beyond AL legal controversy In cases OF suspected crimes
trial. and not upon the preliminary inquiry whether he
shall be delivered mp And in the Of fugitive slaves
there would be the necessity OF requiring
only prima faeis proofs Of ownership without putting the
party formal assertion OF his rights by suit at the
common law. Congress appear have acted upon ihs
opinion and accordingly Ia the upon this subject,
have authorized summary proceedings before magistrate
(Story's Com, 81 vol, .. 677)
And to the effect writes Judge Sargent in his Som
tenor constellation and Of Congress. il appears
tina. the fugitive |: be delivered up on summary pro-
common law IL certificate be given by State judge,
agreeaby TO the act Of Congress- after hearing such Ger
Of homins repgando afterwards lies on the part Of the
slave n court q The STATE %hse such certificate Is given ven
consultation II tho slave In such case has rghtto free
These also apply 70 The objection that the
right 10 trial BY jury Is violated by this law As well
might be said that that right violated In every of
fugitive from justice requisiiion The fag
tive from service have his trial BY jury In the State
winch ne - removed extended 10 tue
suspected fugitive from justice, be he black white But
we hear sober complaints that without this "saeguard
Of trial by jury In Notwithstanding State, free blacks
and free whites may be kidnapped into servude under
this law Such old woman's stuff il beneath argument
but many to IL who have not the courage
take the bull by horns and who fancy they
throw The law, without the time openly repudatng
the obligations of the constitution Now this idea of KID
mapping only pesupposes that the and juries
and people of the savehodng States heatnensh
TO cornive at such proceedings, Tin which case should
say dissolve all connexon with hem,)
but stufes the assumed kidnappers themselves, Ia
making them the useless risk ote forms flaw, aud thar
before jealous and excited people, TO say nothing OIL
we trust conscientious tribunal, when the slavehoding
States themselves srnish In their large free black popua
tons Indeed the existence OF the large free black popua
tion In every avehodng State Is striking evidence,
did the character OF the southern people Tor Jnstice and
Christianity require any oher guaanee that IN her hands
the rights Of the alleged fugitive vii not be abused
have thus Messrs. Editors, endeavored TO show that,
however hard the obligations this law imposes
upon they obgsto freely taken, and Tor
half century acqoiesced in and which be |
avoided the sacrifice Of that constitution which
every elector OF Conncctcu has support Far be
execution oil this law They under every law but
do require the overthrow OF law their relief
Better tar bes would he for The State Of Connecticut,
from her treasury the price set upon every fagiive
arrested within her borders than that should
10 the cry recently echoed back from Faneu Hail.
constitution constitution, law no law. fugitive
slave shall be delivered up Hfhfs ag BE- autfed,
the Uaioa has become. indeed, Of sord the cons
tuition, INDEED conflicts sih the 'high0 faU Of God lat
al fnto ths Names butt does pof-1dn still.
1asy 20 the South broken faith, zoe aow his
CONSTITUTION