The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-11-26
Judge Grier on the Fugitive Slave Law

MUCH UlSdpptcHcNslOH SScIilo l" SA'o'
in regard to the provisions of this law.
One, aud the principal one, is that the
fugitive may be kidnapped wherever
found, and remanded back to slavery
without the form Of trial This oblec-
ton is entirely erroneous. The law gives
him an equll chance with the claimant
of bringing evidence to prove his limos
cence
The opinion Of Judge Grier, of the
L. S. Supreme Court who sat as CONS
missioner in the case of Garneit, arrest
ed as fugitive slave at Philadelphia
urder the act Of l-50, is emiuenty en-
titled to consideration as affording an
able, clear, and brief exposition Of the
law The gist of the erpOSe is, that in
the case Of fugitive slave, as in all 9TH
cr cases, there shall be trial aud de-
cision of the court, which involves
question Of law and of fact. It is the
duty of the court TO award equal justice
both to the claimant, and the claimed.
If evidence were heard only on the side
of the claimant, it might afford ground
for much wrong and unjust msappre-
henslon aud citizens of Pennsylvania
or any other State, might be kidnapped
! into bondage without even being heard
! by tribunals which were sworn to do
them justice. "Thls much maligned
law, " continues the Judge, mot only
gives trial before a legal tribunal, be-
fore the claimant be authorized to carry
the alleged fugitive out of the State, but
1t takes d,0dy f'Om The prisoner no right
which he would have enjoyed before this
act Of Congress was passed -
In all cases Of exraditlon, or the de-
livering up of fugitives, evidence their
identity is usually given in the country
from which they have escaped. As such
evidence is necessarily tr pdr.c, the per-
son seized has the right of course TO
prove he is not the person described.
But if he is the person described hi,
identity necessarily prccludes the right
of a jury trial, 1.-THE identity being
the question at issue. Such is the usage
of nations when the rendition Of fugi-
tiyes from justice is required by existing
treaties. " No complaint has ever been
made that uhits men have been sent &c
Europe, on demand for their extradi-
ton, without giving them jury trial
and why greater privileges in this matter
should be granted to coored persons il
not easily perceived" The State o
Pennsylvania guarantees a jury trial tc
her own citizens or to the citizens Of 9th
er States for offences committed tcithin
= her borders but fugitives from othei
States have no such rights, because The
question TO be settled by us is merely
one of the identity, if we understand the
question Alright. The crime for whicl
they are arrested must be punished by
the legal authorities of the State from
whence they have escaped.
The provision that in no trlal OF
hearing under this act shall the tesiino'
ny of such fugitive be admitted ln evil
dence," has received good deal Of cen
sure. All censure is unnecessary ant
unjust, as il is an established principle
both of the common law and common
sense that no man shall be witness in hi.
own case. The person charged, as wei
as every other man, may prove by disn'
terested witnesses that he is not the per
son described, or that he is a free man
II the evidence of the person claimed
were admitted it would give scope fol
perjury, and give disenlranchlsed blacks
privilege not enjoyed even by white
freemen.
In regard to the suspension of the ha'
bcas corpus act. the opinion of Judge
Grier is substantially the same as that en-
tertained by the Attorney General, Mr..
Crttenden. The very common mistake
on this point arises from the mlSappre-
hension of the clause enacling that the
certificate OF the Judge or commissioner
"s shall be conclusive of the right ofper-
sons in whose favor granted to remove
such fugitive, aud shall prevent all mo-
leslation of such person or persons by any
process issued by any court, Judge, mag
islrale, or other person whomsoever. ="
But this, observes the judge, is a miss
take. "The truth is that this provision
of the law forbidding the testimony of
the fugitive to be received, and forbid
ding interference by other process after
! a certificate, is but an enactment Of an
established principle of the common law,
added through extreme caution, but
wholly unnecessary" This established
principle of the common law is, if we
mistake not, that no court, Judge, nor
magistrate has any right to interfere with
the proceedings of an, tribunal when