Weekly national intelligencer., 1850-06-01

an ordinary exercise Of judicial authority There is not
slave State in the Union, in which Independent judicial t
uiions applications fI freedom; do know, have
heard alleged that the decisions Of these tribunals
fair and upright Such Of them have eyince,
tainly. these qualities in the judges.
This OF Congress- of the 18th Of February, l793 ap-
TO have been well considered and to have passed with
little opposition There is evidence, known me- that
body the time regarded any Of its provisions repug
nsnt 10 religion liberty, the constitution or humanity The
two Senators Of Massachusetts, at that time, were that
distinguished legislator and patriot Of country,
George Cabot; and that other citizen of Massachusetts,
among the most eminent of his day for talent, purity
Of character and every virtue, Caleb Strong Mr. Cabot
indeed was Of the committee for preparing the bill
appears TO have passed the Senate without DIVISION
10 tho House OF Representatives supported by Mr.
Goodhue Mr. Gerry both then, believe, Of your couuty
Of Essex (Mr Goodhus, afterwards Senator Of the United
States and Mr. Gerry, afterwards Vice President of the United
| Siates,) Mr. Ames. Mr.. Bourne, Mr.. Leonard, and Mr.
Sedgwk, oil members from Massachusetts, and was passed
by majority Of forty eight to of these seren one
| being from Virginia, from Maryland, one from New
York, and four from the New England States; and Of these
four, one, Mr. Thacher, from Massachusetts,.
am that there exists any published account Of
the debates the passage of this have been able TO
find have searched the original files however and
hnd among the papers several propositions for notifications
and amendments Of various kinds but suggesting the
ProPey Of any jury trial in the State where the party should
be arrested
For many years. little no complaint was made against
this law. supposed be guilty Of the offences and
IT, I'll
for the purpose Of complying with direct and solemn
injunction Of the constitution did no more than was be.
to be necessary TO accomplish tina. single purpose and
did that in cautious mild manner to be eyery where con
Quoted according to Judicial proceedings. ~T
confess zee no more objection 10 the provisions Of this
law, than ID them by Mr. Cabot and Mr. Strong
Mr. Gooihus and Mr. Gerry and such provisions appear
me- as they appeared 70 them, TO be absolutely necessary
we mean TO fulfil the duties positively and peremptoy en-
joined upon by the constitution Of the country But since
the agitation caused by Abolition and Abolition presses
haa foa asaah ~ssol ~. a.
have been rendered obnoxious and odous unweared en-
eavors have been made and but successuy TO rouse
the passions Of the people against them and under the cry
OF universal freedom and under that cry that there Is
rule for the government Of public and private men,
which is OF superior obligation to the constitution Of the
country several Of the States have enacted laws TO hinder
obsruc and defeat the enacmens Of this Of Congress-
to the utmost of their power The Supreme Court of the
United States has soemnly decided that s lawful for State
officers and State magistrates fulfil the duties enoned upon
by the act OF Congress OF 793 unless prohibited by
laws and, thereupon prohbory State have been i'm
medatey passed. nfctng fine and imprisonment on all Stale
officers and magistrates who shall presume to conform to
these acquisitions Of The Of Congress- And these prohi
btory and penal laws Of the States have rendered mpea
tive Congress to make further and provisions for car
ying into effect the substantial intention of the act of 1893
And this is the of the introduction into the Senate of
bill on the subject recently by the Committee on the Judi
cary notwithstanding oil that may be said by shallow men
ignorant men, and facious menmsn whose only hope Of
making okeepng themselves conspicuous by ncessant
agitation and the most reckless efforts alarm and misauiae
people, know of no PERSONS OF Congress
wish any thing 10 be done the subject Of gitiye
from SERVICE than what is essentially Necessary in olerto
meet the requirements Of the constitution and accomplish the
objects OF the act of Congress of l793 And whatever en-
actmens may deem essential to this purpose l. for one shall
certainly support feel bound do by nv oath of Office
and by every consideration of duty and propriety
As have already sad the Of Congress of 1893 made
provision for any trial by jury State where the
rest OF fugitive is made have considered the subject with
conscientious desire to provide for such jury trial if p,ssi
BILE, in order to aay excitement and remove objections
There are many difficulties however, attending any such
provision and main and perhaps the only nsuperabe
one, has been created by the States themselves by making
It penal offence in their officers TO render npy aid in
Pprehending or securing such fugives, and absolutely re-
usng the of their ais for keeping them in CUSTODY m
jury could be called together, witnesses summoned and
regular trial be had II is too much say that to these
State laws is to be attributed the and practical denial
OF trial by jury in these cases These i'll considered State
laws it is which have absolutely refused the alleged fugitive
as the case stands any trial by jury by refusing those
aids and facilities without which jury trial is impossible
But at the same time nothing false than that such
jury trial IS demanded in of this kind BY the consu
ton, either in its letter in its spirit The constitution de-
cares that in all criminal prosecutions there shall be trial
oy jury the recaiming Of fugitive slave criminal
prosecution. ts# 4."@@t 9..."
The constitution also declares that in suits at common %
the trial by jury shall be preserved the retaining of fae
tive slave is not suit at TIE law and there is no
oher clause or sentence in the constitution having the least
bearing on the subject. .t.a. BE : mn 7@0
have seen publication by Mr.. Horace Manu. member
OF Congress from Massachus in which find this sentence
Speaking OF the bill before the Senate he says Ths bill
derdes the trial by jury secured by the constitution
man may not lose his horse without right this trial. but
ne may his freedom Mr. Webster speaks for the South
and for slavery not for the North and for freedom when he
abandon this right This personal vituperaon does not
annoy me, but lament 10 see public Of Massachuse
40 crude and confused in his legal apprehensos and "a little
acquainted with the constitution of country as these opin
ions evnce Mr.. Mann TO be. His citation of supposed
case as in point if it have any analogy to the matter would
prove that if Mr. Manns horse stray into his neiphbor
field, he canno lead him back ,uthout a Drepio,s fr b.,
jury to ascertain The right Truly if what Mr. Mann saws
OF the provisions OF the constitution in this publication be
test OF his accuracy in the understanding of that
he would do well not to seek protect his peculiar notions
under its SANCTION but appeal once as others do 10 that
higher authority which sits enthroned above the Constitution
and above the laws a9t' IN -Till
Gentlemen, am extending these remarks fear 10 quite
too great length but there still one Characteristic of this
"agitaon too remarkable to be omitted t.ta sti sa
member of Congress from Illinois, of talent and rapdy
increasing distinction, (Mr Bsse in speech delivered in
the House OF Representatives the 2s day of February
made these very true and pertinent remarks BIB i
not unmndu of truth as to deny that in resnect
to the subject under consideration some of our Southern
friends have good complain But mn, have hean
remarked by all OF that the representatives from those
States which have really been aggreved i'm this are
those who have threatened with dsunion These threats
have come from the Representatives Of States from which,
venture TO an average slave escapes I'M Ave
years Who overheard of escaping from Mississinn
Aabama Where does he go to, Who heIps him awayi
Certainly not the people of the North Kentucky Virginia
Maryland and Mssouri the only that are really s1r
er by the of slaves do to have dreamed
dissolution remedy while the representatives from few
the extreme Southern States whence slaves could no
escape than from the island of Cuba see AMPLE cas and
deeOlyi tho IT,. j