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

nave peen aeu WIN great deal Of c0nsderauon, 70 foacn
practicable the evils which this experience has demonstrated
to exist and to furnish the appropriate remedy in enabling
the owner Of fugitive to reclaim him. Sir il has become
part Of the history Of the country, that when slave
escapes and gets within the limits Of the free States or the
most Of those into which they do escape for do not
desire TO be nvdious by pacuazng instances you may
well down into the sea- and endeavor to- recover from
his native element fish which had escaped from you,
expect to recover such fugve under existing laws
Every difficulty is thrown in the way by the population to
avoid discovery of where he is and after this discovery is
made every difficulty is thrown in the way OF executing pro-
upon him. And you should succeed so far as to
cute the process then every difficulty thrown in the way
armed mobs the fugitive being carried before the
per officer to take cognzance Of the case And YOU should
pechance succeed doing this and an adjudication should be
made do not know OF instance, within recent years.
where the fugitive was not rescued by violence from the hands
Of the officer by armed mob and the parties claiming him
put peril Of their lives. Indeed in one instance in Penn
syvana, of the parties killed outright by the mob
butt every instance their lives put in peril And when
as sometimes the case the parties thus aggeved seek
remedy through civil suits brought against the individuals
composing such mob, after years Of vexaous difficulties
thrown in the way, they finally left to pay the costs Of
the suit This the real state Of things and could give
instances which have come under my knowledge Of
of slaves who have gone into free States and recap
uHd their fugaves, which afterwards rescued from
them by violence and force.
The amendments to the bill which have offered have
been framed in such as, having due and entire
regard to the rights of the citizens of those States to reach
all these difficulties and if possible remove them 90 as 10
enable the his fugitive. The amendment
proposed by the Senator from New Jersey does reach
Of these difficulties, but the contrary, the attempt
force those provisions would be wholly uso, far as the
hopes of the owner the recovery Of his fugitive are con-
cerned The proposition, in the first place. to substitute
the ordinary commissioners of the federal court for Justices of
the peace within the States Why, all know precisey
mean those residing In the saveholdng States who have
had experience the subject Of retaining fugitive slaves
that such the tone Of feeling among the people in the free
States, the great Of them-for make excep
onshat you could not get these commissioners execute
the law, because they did they would incur the odum Of all
their neghbors and be themselves put under the BAN
Then again, is proposed part Of the proof to be adj
duced at the hearing after the fugitive has been recapued
that evidence shall be brought by the claimant to show that
slavery established in the State from which the fugitive has
absconded Now this very thing, in recent in the city
OF New York. was required BY one Of the judges Of that
State which attracted the attention of the authorities of
Maryland, and against which they protested because of the
indgnes heaped their citizens and the losses which they
sustained in that city In that case the Judge Of the State
court required proof that slavery established in Mary
land and went far say that the only mode Of proving
BY reference the statute book Such proof requ
ed in the Senator's amendment and if he by this that
proof shall be brought that slavery established by existing
laws it is impossible to comply with the requision for no
such proof be produced Iappehend in any Of the slave
States not that there is single State in which
the institution is established by positive law. On former
occasions and different topc It my duty to endea-
to show to the Senate that such law necessary for
its establishment could be found and
was required in any Of the States Of the Union
come now to the next provision Of this proposition which
that this commissioner, who not lawyer, who is sub
ordinate officer Of the court required to take dispositions
audit accounts is to determine the construction Of this
law and what evidence be must require in its execution
And presume, the object be- in nine out Of ten it
will be with officers Of this class not to aid the claimant but
throw difficulties in bis way, his first demand for this proof
will be the production of statute laws establishing slavery in
the State in the instance Of the New York judge, and if
such evidence produced the slave will be allowed to
Of the law of the States required prove the
existence foreign aw-under the rules Of the common law
what is the claimant to do then? He is to prove by one
learned in the law and this commissioner might therefore de-
vove the claimant the necessity Of taking Of the
bers Of that learned profession from his State with him to
prove what the law is Even the tribunal is enlightened
and impartial both Of which doubt not to require proof
of this nature, it is still Of the difficulties which may be
thrown in the way Another provision is that if the fugi
tive shall make his affidavit before the commissioner
Judge that he does service to the claimant jury
of twelve men must be summoned to try the case.
Now, this idea Of nterposing jury trial in State
where the fugitive is arrested preliminary to adudging
the right of the claim for his service, has been proposition
brought up by the abolon societies and the liberty people
in their various public meetings in the different free States
and according my recollection has been occasionally re-
by the Legislatures OF OF those States But
whenever brought the notice Of the States from whence
these gves escape it has resulted in the expression of
conviction, in which share that if that principle should be
adopted by the Federal Government it would be notice on
the provisions Of Of the United States
you pass law which shall require trial by jury not one
twenty whose slave escapes will incur the risks ex-
pense Of going after the fugitive proposes trial accord
ing all the forms Of the court trial by jury necessarily
carries with it trial Of the whole right and trial Of the
right service will be gone into, according to all the forms
of the court, in determining upon any other fact must be
tried in term time or il not evidence to be adduced in
the usual FORM and with all the rights to delay devovng
each party plaintiff and defendant which exist in civil cases.
the right Of delay to get evidence delay the pars own
adavt and these rights to delay involve that OF sending to
distant States for evidence This involves hedeenon Of the
fugitive in the time, detention that's purely informal
and whether the jury should should not render righteous
verdict in the end is matter will inquire into, for 1t is
perfectly mmatera the delay itself would efectualy de-
feat the right Of reclamation.
shall argue this matter Of the right of trial by urys but
understand the settled and fixed opinion Of the citizens Of
the slaveholdng States to be that the right Of trial by uy
adopted part Of the law Of the Federal Government will be
taken sufficient evidence Of refusal Of the Federal Gov
eminent ectualy this clause Of the constitution
trust the amendment of the Senator from New Jersey will
not be adopted, and that shall secure the amendments
which have proposed which very extensive in their
remedies and which, think any law do it. will reach
the evils which surround this subject
Mr. DAYTON. One word in reply to the Senator from
Virginia The Senator tells us that the experience Of the
slave States is ample in reference to this matter that il is
almost useless thing to pursue their slaves into the free
States and that he knows Of instance where slave has
been given up under the force Judicial authority and taken
quietly back to the State from whence he came.
Mr. MASON. Not Of late years. Not within the last
six or eight years. #ga
Mr.. DAYTON. Not within the last six or eight years,
the Senator says Well have previous occasion given
to the Senate three instances in my State and occurring