The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-05-15
SPEECH OF THE
Hon. Geo. E. Badger Of N. Carolina,
ON THE SLAVERY QUESTION.
Delivered in the Senate, Monday. March ls, 1850.
Cogeiu iuded.

concluded his remarks, as follows:
Mr.. President: In say ing, sir, that the re
delivery Of fugitive slaves is suffice, to tn.
same rules as the surrender Of fugllives IRON
Justice, and was So treated by the consliiu
non, aud by the trainers OF tho act Of 1903,
did not, Of course, intend 10 say, tha, the
cases were, all sespecis, in all subnr dinai,
particulars. Identical with each other, bu
that hey depended upon the same genera
principles, and were liable according to The
view Of The trainers Of the Constitution, and
Of iha, act. 10 a similar mode Of proceeding
and that a claim Tor the return Of a fugitive
of either class vas not to be submitted 10 the
decision Of jury. Nor ~ren .sld that il
was n case 10 10 determined upon trima ia
c'e evidence, did mean lha, il as TO be de.
clded upon slight suspicious or remote pfoba
bilay. meeot .ai,: that II was not a case
10 be deter m'ued upon ~hs, is called, tech.
nlcally, full proof. or that amount and slfin.
gency Of evidence upon which filal ludg
ment passes, concluding the whole matter Of
right; aud mean sir. 10 say, that TO rtquire
such proof would be Inconsistent With the
Whole Of our legal noIions, and the practice
OF all our Judicial li,bunals. Ju,ies are never
empannel'ed to pass upon question af right
telween parties, except when tho dclermlna.
ton ol that night an the Judgment follow.
ing upon Il are to ba q decisive settlement Of
the questions a, issue. No,hing, 10 my juds.
ment, ooud be more absurd-meaulus by
that term, utterly inconsislen, With all our
legal notions and modes6f proceJute-ihsn
10 say that a question should be determined
BY jIy Ia the State Of New York or the
State OF New Hampshire, and . Judgment
passed upon that determination, and immcdl.
alely Afterwards 5e made The subject Of re-
examination between the same parties in an.
olhcr jurisdiction, where what had been 30
determined would noi he admitted, as even
priWd fdete esideace of The truth. The tri.
bunal proposed by the amended bill nf the
honofab'e Senator from Virginia Nj. Ma.
sony Is fair, Just, and adequate. IL consists
81 commissioners appointed by the courts Of
l'siice, by Judges separated from VII the or
dlnafy lnilucuccs 9L,ch may persea ,he
Judgments of men; and because selected and
smenable 10 such Judges, ,he commissioners
themselves will be removed from such Iiill-
snces. The Judges themselves bold their
,iilces by an independent tenure, and have
compensation beyond the reach of executive
or legislative power. Judges living 10 The
free States Cannot be supposed To have any
unfair bias sg.nsi the claimants Of free dom.
and my safely be trusted with the selection
OF comnissinnefs. These commissioners ate
not required to give judgment according to
the faere facts as swOtn IA an affidavit, nor
ARE they bound by the form aud appearance
a A a
and determine the question ia q summary
way Il is tue, but si,i To hear and determine
--uot upon sr pdrie evidence, not according
10 atlidnvi,s ia a prescribed form, but upon
al the evidence submitted by both paities.-
The evidence ~ Ia he directed TO the three
important facts 10 qies,ian: Fus', Is the per.
500 claimed a fuglti,er Has he actually
come tium the State whose citizens clam to
have him surrrndctsdl la the nexi place,
the qursriun is to be examined aud detern,in
ed, does tho person claimed ose service or
l4bn' ~ The State from which he has fed
II the third place, - that srivice or labor
which he owes duu 10 him Who makes this
olo,ml Uron the establishment, OF these
tsc's 10 the satisfaction 81 the commissioner,
the surrender Is 10 be made. II Is not, there.
Ire, the ordinary case. The surrender is
not Inado upon that drefee OF evidence on
which one charged with ctiue may be arres.
| ted aud bound over for tflal For that pur.
p"se even psima fdeis evidence is NJ, rqlird,
hot 'easp,ahle ground of suspicion is euough.
Here primi fdoie evidence seems properly
10 be called for. aud under lhe btll will be
required. liui iull proof Is not and ought mol
10 be demanded. Sa far a. know /, Is nav.
er required, and ID my Judgment, ought never
TO be fequied. excepI be.afe a tribunal au.
ihorzsd IN make tinal determination upon
the question, aud settle II upon rs merits be-
tween the parties forever. This proposed
Enactment Is therefore, well considered and
well guarded provision, preventing, as far as
human foresight, can pre,en, II, all reasona'
h'e apprehension OF inInslice, fraud, or up.
preston. II is certainly free IRON the OBJ
ciion raised by The honorable Senator from
New Hampshire (Mr. llalc) that under It's
'pefaiian, a resident person, u citizen OF one
o' The northern States, might be seized and
tansiertcd TO the South, as one held To scr.
ice and labor there. Ii fcsiden, or citizen,
~ residence or citizenship must be capable
easy proof before the commissioner who Is
70 hear and consider oil the evidence.
Tbs bill is by no means so liable 10 mis-
Ppnca'ion 10 improper purposes as the con
eh'ions for the ex,radtion Of criminals be.
"eeh the Unitod States and foreign coun.
''es. See, sir, how easily-more easily,
certainly, than this bll--these extradiion
'ea'ies might be used for purposes for which
'oy were never designed. 10 The treaty be.
"een Great Britain and the United States,
"e OF the offences for which fugitive is 10
20 delivered up is an assault with intent 10
murder. Now, we know that, according to
10 law Of 'ha. country, as we'll as our own,