Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1850-05-22

right to demand. AMI the o',iig alton to de-
liver up to the claimant. any such fugitive.
And the constitution addresses itself alike
to the States composing the Union and u
the Genera! Government Ii. indeed.
there were any difference n the duty /"
enforce this portion of ,he constitution be-
tween the States and the Federal Govern
ment. il is more clear that i, is that oi the
former than of the latter. Blu, it Is th''
duty Of both |, is now we'll known and
incontes.abie that citiz ms in slaveho!!inG
States encounter the creates: difficulty IN
obtaining the benefit o. this provision o!
the constitution. The attempt To recap
turc a Fugitive is almost always ! subject
of great irritation aad excitement. aud
often leads - mos: unpleasant. II not
peri!ouS. collisions. An owner OF slave.
it is quite notorious. cannot pursue his
property. fac the purpos, OF is recovary.
in some of The States. without immneat
personal haz ,rd. This is a deplorable
state of things. which ought to be RENE
died. The law of II has been found
wholly Intellectual. AMI requires more
S,rn gent en- actin ,nts. Taere is. especial
ly. deficiency in tho number of pub ic
functionaries authorized 10 afford aid III
thu seizure and arrest Of fu yitves. Vari-
Gus States have declined TO afIorl aid and
co-o2ara'ion in the sure lier OF tugltvcs
! from labor. as the commiitce believe. from
a misconception Of ih"r duty arising un-
der the con ns,itu,ion Of the United States.
II is true that a decision OF the Suprem,
Court Of the United States has given coun.
tenance TO Them in Withholding their as
~istance. But the committee cannot but
believe that the intention Of the Supreme
Court has been misunderstood. They
cannot but think that that court merely
meant that laws of the several States
which created obstacles in the way of a
recovery of iugiiives were not authorized
bv the constitution. and not that State laws
ai1ording facilities in the recovery oftug-
tives were forbidden by that instrument.
The non-slaveholding States, whatever
sympafhies any of their citizens may feel
for persons who escape from other States.
cannot discharge themselves from an obl-
CATION TO enforce the constitution OF the
United States. All parts OF the instru-
ment being dependant upon and connect
ell with each other. ought to be fairly and
Justly enforced. Ii some States may seek
to exonerate themselves from one portion
Of the constitution, other States may en-
deavor to evadc the performance Of other
portions Of il; and thus the instrument. in
some Of its most important provisions.
might become imperative and invalid.
But. whatever may be the conduct Of
individual States. the duty Of the General
Government is perfectly clear. That duty
is. 10 amend the existing law. and to pro-
vide an effectual remedy for the recovery
! Of tugitives from service or labor. In
devsng such a remedy. Congress ought.
f whilst on the one hand securing 10 the
owner the fair restoration Of his property.
cffectually to guard on the other against
. any abuses in the application Of that
remedy.
In all cases of the arrest within State.
Of persons charged with offences; in all
cases Of the pursuit Of fugtives from JUS
tice from one State to another State; in all
cases Of extradition provided for by trea-
, ties betweeen foreign powers. the proceed.
ing uniformly is summary. 1t has never
been thought necessary to apply. in cases
I of that kind, the forms and ceremonies Of
, final trial. And when that trial does
: take place, il is in the State or country
from which the party has fled. and not in
; that in which he has found refuge By
, the express language Of the constitution.
{ whether the fugitive is held 70 service or
, labor or not is to be determined By tie
'a,rs Of The State fror, ,cticl he Red; and.
! consequently. it is most proper that the
tribunals Of that State should expound
and administer its own laws. Ii there
| have been any instance OF abuse in the
, erroneous arrest of figitives from service
or labor. the committee have not obtained
knowledge Of them. They believe that
Y none such have occurred. and that such
are not likely TO occur. But. in order 10
| guard against the possibility of their oc.
, currence. the committee have prepared,
and herewith report. lmarked 3D. a sec.
ton. 70 be offered to the fugitive bill now
pending before the Senate. According to
; this section. the owner Of fugitive from
service or labor is. when practicable. to
carry with him to the State in which the
, person is found record. from compe-
tent tribunal. adiu1ca,ing the facts Of
elopement and slavery. with a general de-
scriPtion Of the fugitive. This record, !,
properly at.ested and certified under the
official seal Of the court. being taken TO
the State where the person owing service
or labor is found. is 10 be held competent
and sufficient evidence Of tas facts which
had been adjudica,ed. and will leave
$ nothing more 10 be done than to identify
| the fugitive
: Numerous petitions have been present.
: cd. praying for trial by jury, in the case
2 OF arrest Of fug;tives from service or labor.
IN the non slaveholding States. /, has
} been already shown tina, this would DO
5 entirely contrary to practice and uniform
!. usage in all similar cases. Under tho
: name Of popular and cherished instiiu.
$ ton--an institution. however. never sp-
e piled in cases Of preliminary proceeding.
and only in cases Of final trial-thero
!. would be complete mockery Of justice.
s SO far as the owner Of the fn0;t;ve ia coo