The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-10-30

Ia Is veil knnvn spd sdmilied. histofs-
rally and jsdieizlly. Ihzi Ihis clause ~
he consultation sss made far The purpose
Of securing 10 The eiiizrns IL slsvrholdisg
Slzses The rompieie esnrrrhip 10 their
slsres. ss properly. ia any and every Stzse
or Territory Of The Union mo which Ihsy
pighi esrspe. (Priggvs -. Commonwealth
Of Posnsylrusia. 10 PeIers. $751; ID
deyolred On lhs General Government. az
q solemn duty. 10 make that serariiy ef.
feri1sl. Their power sss not only rlesr
and full. bar. seeording 10 The opinion oI
The rpart IN The above cited ezre. IL was
eroituirsg The STATES. serrrzIly. being IN
der no obligation. and having no power
IN make lass or regulations in rrspecl 10
the delivery OF fugiiives. Thus The whole
power. and with i, The whole dsay, ol
carrying into effect this important provi-
sion Of The constitution wss with Ton
gress; and accordingly. soon after the
adoption Of the constitution. the act Of the
l2lh of February. 1893. was passed and
that proving unsatisfactory and Inefficient.
by reason (smong other csuses) az some
minor errors in is details. Congress are
now attempting by Ibis bill 10 discharge
q constitutional obligation. by securing
more eiTerlualIy the delivery OF fugitive
slaves 10 their owners. The nxfh and
most material srclion in substance drrlares
that The claimant OF The fugitive slave may
arrest AMI carry him before any one Of
the Officers named and described in the
bill. and provides that these nliirers and
each Of Them shall have judicial power
and jurisdiction 10 hear. examine. aud de.
eide The ease in summary manner; that
IL upon such hearing The claimant. by the
requisite proof. shall establish his claim
To The satisfaction of the tribunal Tins con.
siiluled. the said tribunal shall give him .
eers'hcsle. stating therein The substantial
Iaris OF The case. and authorizing him.
with such reasonable forre as may he me-
cessary. TO take and rarry said fngi,iye
bark 10 The State or Territory whence he
or she may have escaped. and then in
conclusion proceeds IS follows: .The
in the first serlion mentioned,
shall be conclusive of the right of the per.
son or persons. in whose favor granted,
10 remove such fugitive To the Stale or
Ierrii"ry from which he escaped. and
shall prevent all molesialion such ..f per-
son or persons by any process issued by
any court. Judge. magistrate. or other per-
son whomsoever."
There is nothing in all this that does
moi seem to me TO be consistent with the
constitution, and necessary. indeed, 10
redeem the pledge which il conlains-
That such fugilives "shall be delivered %
On claim" Of their owners.
The Supreme Court oflhe Uniird S,sies
has decided that Tho owner. independen,
Of any aid from the Stale or natianal leg
station. may, in virtue Of the constitution
'nd his own right Of properly. seize and
.ecapiure bis fugitive slave. In whatsoever
State he may find him, and carry him
'ark to The Stale or Tsrriiory from which
le escaped. (Pngg vs.. Commonwealth
u Pcransyiuania, Is Pet. 539.) This
'ill, therefore. confers no right on the own
% Of The fugitive slave; il only gives him
an appointed and peaceable remedy in
place Of tho more exposed and insecure,
,ut no less lawful mode OF selcreiress.
md as TO The fugitive slave, he has no
'ause 10 complain OF this bill; il adds no
'oercion TO that which his owner himself
night, at his own will, righ,fully exercise;
md Az the proceedings which il institutes
IRE but 50 much Of orderly judicial au-
horiiy in,erposed between him and his
'wner. and consequently Of protection to
I'm, and mitigation Of The exercise direct
y by the owner himself Of hi. personal
Iuihority. This is the constitutional and
fgh flew Of the suhjec,. as sanctioned nv
he decisions Of the Supreme Couri; and
a,hat limit myself.
The act Of the 18th Of February. l703.
'elore alluded 10, so far rs il respects any
question that can arise out
1 this bill. is identical with il. ID au-
herises the like arrest Of The fugitive slave,
he like trial. the like judgment, the like
efiiicaie, with the like authority 10 the
'wner, by virtue Of that certificate AZ hi.
warrant. TO remove him to the State or Ter.
i.ory from which he escaped. And the
ensliiutionality OF that ml, in all those
PARTICULARS, has been affirmed by the adj
Of State tribunals and by The
ouris Of the United States wi,hon, ! sin.
ie dissent. so far as know. fBaid,cin's
: c. r., ST., 579.)
| conclude. therefore, tina, 80 Tar as The
c. Of the lalh Of February, l793. has
een held TO be constitutional, this bill |
nus. also be SO regarded; and that the
us,otiy. restraint, and removal 10 which
be fugitive slave may be suhjerled under
he provisions Of this bill. are all lawful:
nd that the certificate to be granted 10
he owner is to be regared as The act and
1dg,nent Of judirial tribunal having
ompe,ent jurisdiction.
With these remarks as 10 The cons,iu.
onality OF the general provisions Of The
III and tho ennsaouars IT,. 4