The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-06-27

from Massachusetts, Mr.. WEBsTER unites with
him in denouncing the aggressons Of the North
in this particular and they both declare their
determination to vote for the bill, with its amend
ments, now on file, and which has become a part
Of the Compromised
1t may be we'll to look little at the law as it
COW stands on the subject and then at the one
which has enlisted such powerful support. By
the Constitution alone, without any legislation,
the STAKEHOLDER may 90 into free State, take
with him such force he pleases, and take his
slave and carry him back. Ii the fact Of his sla-
very is disputed either by the alleged slave or
any one for him, the claimant may issue his writ
de hOBme repligidHdO, and unless the defendant
gives ample bail for his forthcoming ON the fnal
issue, and for the payment Of all costs and dam
ages, (which include the value Of his services in
the mean time) the plaintiff may take him into
his possession, and retain him until final trial by
court and jury. Is not this sufficient 1t is all
the right which he would have if he claims
property in a horse, or other property which he
might allege had strayed over the line. Why
should he have any greater right when he claims
property in man Is man Of so much less value
than a horse, that he should be deprived of the
ordinary protection Of the law7 Sir, in my
judgment, the remedy ought to be left where the
| Constitution places it, without any legislation;
that the odious law Of 1898 ought to be repealed.
|
his slave and drag him back, but he may command
the aid of all the officers Of the United States
Court take his alleged slave before the judge,
and after summary examination, without trial by
jury may obtain a certificate of property which,
for the purpose of removal, is conclusive Of his
slavery, takes away the writ of hdbeds corpus and
the right of trial by jury, and sends the victim to
hopeless bondage. If an nhabitant of a free State
sees a wretched fugitive, who he learns is fleeing
from bondage, and gives him a meal of victuals to
keep him from starving, and allows him to sleep
in his clubhouse, although his master is not in
pursuit of him, he Is liable TO the penalty
of five hundred dollars. A judge in Penn
sylvsna lately held that a worthy citizen of
Indiana county incurred such penalty by giving
cup of water and crust Of bread TO furnishing
man whom he knew to be fleeing from bondage.
A slave family escaped from Maryland; went into
Cumberland county, Pa, and obtained the reluc
tant consent of a worthy farmer TO sleep in his
hay.loft. Their owner did not pursue them for a
week afterwards IL was held by State court
that the farmer was liable for the full value of
the slaves. beside the $500 penalty, and jury re-
turned a verdict for 81, 900 and costs Such are
some of the provisions Of the law Of 1893 now in
force, which these great expounders of constitu-
tionaI freedom hold to be too mild And more
l,'srseni }ssSs err TO be Bassed TO pDnisb North.
ern men who have heart
all these penalties But that is not its most obnox-
ious feature 1t expressly recognises slavery in
the Territories.
In section it provides, "That when n person
held to service or labor in any State or Territory
shall escape into any other of said States or Terri
tories" &c.
We have no Territories except New Mexico
and California both of which are free by their
present laws This bill recognises slaves capable
oo, To- r,f al IL
fugitive laws to them. This settles the Wilmot
Proviso most efiectualy, and seems to render it
necessary somewhat to strengthen and "reenact
the will of Godn
1t provides that the claimant may arrest such
alleged fugitive "and take him or her before
any Judge of the Circuit or District Court of the
United States, or before any marshal, commits
sioner, or clerk of such court, or any postmaster
of the United States, or collector of the customs
residing or bang within such State where such
seizure or arrest shall be made; and upon proof
to the satisfaction of such judge commissioner,
clerk marshal postmaster, collector, as the case
may be, either by oral testimony or otfdaca t0km
befOre and ceried by any person dhoTized TO admin
lister Oah that the person 20 seized owes service
or labor, &c. it shall be the duty of such judge |
marshal, postmaster, &c, to give a certificate to
such claimant, his or her agent or attorney which
shall be sufficient warrant for removing such fugi
may have tledn
An amendment proposed by the Committee of
Thirteen provides, that the claimant may make
I'D a record before a court in his own State with
out notice to the alleged fugitive proving his sa-
very and absconding and, on producing this before
the High Court of Tide Walters or Postmasters, |
it shall be taken to be conclusive evidence Of the
| facts and on the production of which, those off,
cers are requred to give the certificate Of slavery
axfr 1tnary rib mall hasa
are awful trials Clerks of courts, marshals, col
lectors, and township postmasters, are transformed
into high justciaries whose signature to prepar-
ed certificate Is TO be conclusive of the liberty of
human beings They are the sole judges of the
law and the evidence and from their Judgment
there is no appeal The habe0s corpus is annulled;
the trial by jury denied. The evidence which
they are bound to hold conclusive, may be made
up &c parte, by affidavit or record thousand
miles from the party whose safety is involved in
it. IT, on his arrest, he should be able to prove
that he was born free and had resided in free
State all his life, he is not permitted to do ii.
These ii payte records close his mouth, and stop
up judicial ears These learned judges-these
tide walters and country postmasters, who make
no pretensions to legal learning, are compelled,
not to Judge, but TO decide without Judging, that
the affidavit of distant sou-dealer is evidence of
slavery which clnnot be gansaid The slave
his proof with him for the law gives jursdic-
ton not only to one residing but beRy in the
State where the arrest is made Behold this
court and jury to pass on human liberty An
overseer, with power of attorney; the affidavit
of professional save-trader; an itinerant post
master from Virginia signing judgment in bar
room the defendant, hand-cuffed negro, with
out counsel, witnesses, or Judge Verify, second
| Daniel has come to Judgment.
A Al nlt t,ad will i,trv 10
on the facts is to conclude the rights of man, and
silence the law.
The distinguished Senator from Kentucky Mr.
CLAY wishes further to make it the duty of all
by-sanders to aid in the capture Of fugitives; to
join the chase and run down the prey. This is
asking moro than my constituents will ever grant
They will strictly abide by the Constitution.
The stakeholder may pursue his slave among
them with his own foreign myrmdons, unmolest-
ed, except by their frowning scorn. But no law
that tyranny pass will ever induce them to
join the hue and cry after the trembling wretch
who has escaped from unjust bondage. Their
fair land, made by nature and their own honest
toll rs fertile and az lovely as the vale Of Tampe
shall never become the hunting ground on which
the bloodhounds of Slavery shall course their
prey, and cOmmand them to join the hunt.
Sir, this tribunal would be more odious than the
Star Chamber-these officers more hateful than
the Fsmiliars of the lnquistion.
Can the free North stand this7 Can New
England stand it Can Massachusetts, stand it
If she can, she has but one step further to take
in degradation, and that is to deliver her own sons
| in chains TO Southern masters, What would the
bold Barons Of Ruunymede have said to such de-
tenders of Liberty What would the advocates
OF English freedom, at any v.-sssSn aave ssiu %
those who would strike down the writ Of habeds
corpus and the right of trial by jury, those vital
principles of Magma Charta and the Bill of Rights
They would have driven them forth as enemies
in disguise.
Sir | am aware of the temerty of these re-