The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-11-20
ruE FuGTTIYnAIAvR L.Au


ne co1strrction pat ap0n the new a.
xisivs slave Law, IN the rerent case q
Henry Garrett. and he right Of shs
alleged slase 70 introduce testimony IN
favor q HE freedom The following 4
judge Grisfs replys
Philadelphia o. %. 1850.
Dear eir-Ay Official arrangement,
have hindered me from giving that
prompt attention TO the contents Of your
letter of the e2d instant, which il wonld
e:hcrr :se have received.
/ Until informed BY you was unable
to apprehend what possible cause eoald
be assigned for the unmeasnred denun-
eiatiosrs with which the act concerning
fag.tises from labor. passed al the last
session Of Congress. has been received
b. 50 many persons in the northern
portion Of our Union. Although Il
would DO improper for me 10 volunteer
extra Judicial opinions upon doubtful
questions Of construction Of a public
statute. vet If any opinions expressed
BY the Court on the late case OF Henry
Garrett. on which. though not then eI-
pressed. seem 10 me incapable of dis
pate, can have any tendency TO correct
misaPprehensions and calm the public
agaitatica on this subject, am perfect
u willing 10 state them.
In the case of Garrett, the warrant
issued by the Court was founded on the
affidavit Of the alleged owner Of the fa-
gitire. But" on the trial or hearing"
before the Court, after the arrest, this
affidavit was not received in evidence,
nor did the counsel for the claimant in
sist that il should be received. The
claimant had wholly neglected TO make
the proper proof, before some Corrt or
Judge in Maryland. TO establish the
fact. that he was owner of a slave, or
person held 10 labor. and what was the
name. age. size, and other marks, Of
such person; and the person so describ-
ed hiss escaped. Not having ayaiIed
himself Of the privilege and facilities
given him by the act Of Congress for
this rurpcs>. we decided that he must
be bound by the common law rules of
evidence. as in other cases, where Il
tie 10 property has TO be established be-
Tore Court. We refused to receive
the parties in interest as witnesses. and |
wills, and other documents Of title, un-
ess properly proved.
The act contemplatcs a trial and |
decision of the Court or Judge. inyoly-
ng questions both Of law and fact, aud
inlcss the rules Of the common Law as
% evidence be followed, when not |
changed by statute, the tribunal would
Dc without rule. governed only BY ca
price. or underlined discretion, which !
would be the exercise of a tyrannical,
not judicial, power. 1t is the duty
If the Judge who exercises it. to render
equal justice both to the claimant and
he person claimed. If evidence were
leard on one side only, and that. too,
without regard to any rule or principle
,nown to the law, gross oppression and
wrong would flow from it. Free men
nd citizens Of Pennsylvania might be
idnapped into bondage. under forms
{ law, and by the action of a legal tr;:-
unal, sworn to do equal and exact
lstice to all men. This much maligned
aw not only gives " trial" before a
egal tribunal, before the claimant can
re authorized to carry the alleged fusi-
i've out of the State, but it takes away
rom the prisoner no right which he
roald have enjoyed before this act of
congress was passed.
In al! cases Of extradition, the cvi-.
encc establishing the oh'encc and e.
ape Of the person demanded, is usual |
y made in the country from which the
person demanded has escaped, and is
necessarily errarte, and the above
question to be decided BY the tribunal |
before whom he is brought, previously
o making an order for his extradition, |
$ only the question of identity. The I
,arty demanded has a right, OF course.
0 show that he is not the person de- /
cribcd; he has no right to claim a jury |
rial, as to the question of his guilt, in
he country to whichhe has escaped. The
question of identity and whether the
'erson claimed is such one as the
rcaty between the two countries re-
lures to be delivered up, has always
'een tried summarily and without the
Intervention of a jury. No complaint
as ever been made when whifc me-,
ave been sent to Europe, Oh demand
or their extradition, without giving
hem a jury trial; and why greater
in this matter should be grant
d to colored persons, is not easily per-
eived. The State of Pennsylvania
uarantees a jury trial to her own citi-
ems or to persons who are charged
nth committing an offence within her
orders. Fugitires from another State
ave no such rights. The government
which the fugitive belongs, it is to
e presumed, will do justice to its own
ubjects or citizens. and whether they
o so, or not, is no concern of ours.
However individuals may fancy they
ave a mission ia recfify all ,rronrs M