Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

auently suffer loss by kidnapping al Cincinnati but It Is
he other side Of the from that which be understood TO
sustain It is the kidnapping Of servants from persons who
travelling one Of national highways. Here and else
where this constitutes Of great annoyance persons
travelling with their slaves from the States of the South. If
any other species Of kidnapping has been praced have to
the My knowledge ofthe Southern people,
Of more than community living the savehodng States
will justify me- and the testimony Of others here will am
sure, bear me out in SAYING that any go from slave
State and arrest free person of color and bring him to
State as his property he would be liberated at
once and the thief arrested. II is felony which the people
there would not tolerate for a moment.
SENATOR. And the kidnspper would be severely pun
ished.
Mr. DAVIS. And the kdnspper as Senator has just
remarked, would be severely punished would be felony
in the eye Of the law, the least of all likely to be shielded BY
public sympathy
But the Senator from Massachusetts, (Mr WIsrHRcP)
makes argument in favor Of trial by jury. in the case OF
fugitive slaves the ground that the execution of law de-
ponds upon the will Of the people by whom tbs to be execu
ed grant the force of his arguments but strikes me that
far his argument has force goes exactly against his
conclusion, the argument being that the law cannot avail
any thing, because the people do not approve and, there
fore we called to submit it to the test OF jury tia
is admitted that the law cannot be executed because Of
the opposition it. growing out Of the popular feeling the
jury rejecting that popular feeling will decide against IT. IN
accordance with preconceved opinions.
MI. WINTHROP. Will the Senator from Mississippi
allow word Of explanation
Mr.. DAVIS. Certainly.
Mr.. WINTHROP. think the Senator from Mississippi
confounds two entirely distinct deashe one, the idea OF
conforming the law to what may be the sentiment OF the com
muny in regard TO slavery the other the idea Of conform
ing the law to what may be the opinion of the community IN
regard the propety and justice Of the law ITSELF What
said was this that all laws depend for their execution and
efficiency small degree upon the opinion Of the COM
mun that they just and reasonable laws and that
law should 90 forth the people oany Of the free States with
idea that arbitrary oppressive and regardless Of the great
principles justice would be much less likely 70 be faith
fully executed than if it more in conformity with the
public sentiment Of those States This is only an ampca-
ton Of the old classical saying-kges vand sine nor6us
and is familiar to every to require another word OF
remark
Mr. DAVIS. That is the 'higher law" spoken Of by the
Senator from New York
Mr.. WINTHROP, Gin his seat.) No.
Mr.. DAVIS. That public sentiment which requires that
the provisions of the constitution should be carried out
when they happen to conflict with its abstract notions o.
ce That provision Of the constitution was for the rendition
Of fugitives from justice, and fugiives from service ey
were placed on the basis and wish that that provision
the constitution had stood unaded by Congressional leg
aon till the present day. and that the moral Of the
community had been relied and State legislation left 70 PIC
vide for its execution instead Of hedging round BY acts
Congress- which serve seems, but little other purpose than
to relieve from the moral obligation preserve and MAINTAIN
the constitution
What is this question of jury trial Is to try the offence
Of escaping from service labor to which the individual vas
held in another State 1t supervise the judicial proceed
jury trial before you give up the man charged with murder
The wrong the proposition plain the justice and ea
Of the rule of the settled practice, which to hold the
trial where the facts best be established; to Try the right
service the crminay of accused where the identity
be certainly proved instead Of where the popular
feeling against the right asserted, and where woud be
most difficult to prove the facts This the fruit OF yddng
that feeling, which is not commendabe respect for the
trial by jury but prejudice against the right recognised by
the constitution to slave property It that which has
made the Northern States the refuge of fugitive slaves and
which causes them be shielded and concealed Neither
sir, is it the result Of phlanhropic feeling for the African
Recently, in exemPfcaon Of this, have seen pub
ished in Northern paper caution to all persons to be
their guard against who going about and ie
ceiving the public by passing herself off fugitive slave
for the purpose Of obtaining the aid and comfort which, in that
character would be bestowed upon her concusivey show
ing, admitted fact that if she fugitive from SER
vice. she have home and sdcco but being free she
was not entitled to public sympathy The violation OF the
rights Of private property, and Of constitutional obligation
to be the well from which alone this sympathy can be
drawn. But to return to the point Of jury trial
Who, Mr. President is best qualified to judge whether the
person arrested is fugitive from service freeman who
has been Kidnapped wanderer is found in village or
city, and claim is made that he is fugitive slave Are the
inhabitants ohat village city the best judges whether he is
slave, the inhabitants Of the place whence be is said to
have fed Let him be taken to the neghbohood from which
he is said have escaped and who is there who does
not know whether he is fugitive slave not Sir, it s
but justice to the South that in community could
who would kidnap freeman for the purpose Of making him
slave.
Mr.. President like the Senator from South Carolina, feel
great interest in this law because have hope that 1t
will be executed TO any beneficial extent But the
border Statethose most interested in the queson-hope to
derive any benefit from it. willing, within the limits Of
my opinion what Congress may and what the con-
stiuon imposes, to leave them to frame the law as they
think will best protect them, and to let be tested BY time
do not believe that they will succeed in those States
which offer obstacles in the recovery OF fugitive slaves
by act Of Congress- providing for their restoration and de-
livery; and still less if the act should provide for trial BY jury
would there be in my mind probability OF such success
it be held in the State from which the fugitive es-
capped, because hold it to be assumption Of power not
granted to the Federal Government avoaon Of State rights
by attempting direct their legislation and forms OF proceed
ing. The right Of jury trial. if there be any question as to
the condition Of person Of color in regard 70 freedom or
slavery, already exists in every savehodng State They
appeal that under the Of the State to which they
belong may be carried and shall not feel disposed to die
tate to any State what its laws should be.
Mr.. BUTLER. Mr. President the Senator from Ohio
and my friend from Mississippi have made some observations
which, in justice TO myself must notice, by way OF putting
my opinions before the public correctly concur with the
Senator from Ohio in this That since the decision IN the
Of the Commonwealth Of Pennsylvania u.s. Prgg, there
has been less security for slave property escaping into free
States than there before not upon the ground the Sena-
tor stated that loses his slave by taking him from
Maryland Pennsylvania that his right Is at amPared
thereby Under the constitution his right is perfect at
place at another to his property. have right to my
property in South Carolina. It is not impaired because it is
in removed by the fault Of Others perhaps of
the slave himself i cannot agree to that
But have had very great difficulty upon voting upon
bill Of the kind all And that difficulty has been the
which has in measure, induced TO make the remark
attributed to by my friend from Mississippi, that