Weekly national intelligencer., 1850-06-01
IHr. Hebstsr's Reply.

| -Hr. Hebster's Reply. v@
e.@ wAsHrxsroS, May Is, 1850.
GENTLEMEN hsve The honor to acknowledge the receipt
of your letter. OF the Sh Of APRIL approving the sentiments
of my speech delivered the Senate the 7h of March
last As considerable differences of opinion prevail in Massa
ehase, The subject OF that Speech it grateful to receive,
letter respectfully aud numerousy signed opinions
decidedly concurring with my own.
Circumstances have occurred within the last twenty years.
degree of feeling the North the subject
of slavery and from being considered the adop
ton of the constitution, mainly political question, it ha
come to De regarded with unusual warmth, question
religion and humanity, 1t obvious enough that the Gov
ernment Of the United States has no control slavery
it in the States Its proper jurisdiction, in ,h
respect is confined Territories except far
is its duty to that that part OF the constitution which re-
spects the surrender of fugitive slaves be carried fairly and
The Constitution of the United States in the ID section
| the 4th article, declares ,. ,.
ga person charged in any State with felony,
ter State SHALL demand of the executive authority of the
State which he fed bedelyeredup be removed the
State having jurisdiction OF the crime.
held service labor State under the
laws thereof escaping into another shall consequence of
law regulation therein be discharged from such service
labor but shall be delivered up claim of the party
whom such service or labor may be due .....
This provision of the constitution have with
little exception opposition, at ALL far as know
in Massachusetts,. Every body have regarded
necessary and proper The members of the convention of that
State for adopting the constitution particularly jealous Of
every article and section which might any degree entrench
personal liberty Every page Of their debates evnces this
spirit. And yet do not remember that any of them
found the least fault with this provision The opponents and
dedsr of the constitution of this day have sharper eyes
discerning dangers liberty than General Thompson, Ho
der Socum and Major Mason had in l7SS; say nothing
of John Hancock Samuel Adams and Others friends of the
constitution and among them the very eminent who
delegates in that convention from Newburypor Rufus
King Bejamn Greenlea Theophus Parsons and Jonathan
Tilcomb
remark borrowed in substance from the celebrated Or
dnance Of 1857, which drawn up by that great
your county, and contemporary your fathers Nathan
Dane.
Mr. Dane had very venerable New England authority for
the insertion of this provision in the ordinance which he
pared r.. w.. :a
In the year i643 there formed confederation
the four New England colonies, Massachusetts Bay Ply
mouth Connecticut and New Haven and in the sh article
Of that confederation is stipulated as follows viz:
" also agreed, that if any away from his
master into other of these confederaed jurisdictions, that
In such cases. upon the certificate OF one magistrate in the
rsdcon Of which the said fed upon other due
proof the said shall be delivered either his MASTER
other that pusue and brings such certificate proof
And in the Articles of Agreement entered into in 1850,
between the New England colonies and the delegates
Peter Stuyvesanr, Governor of New Netherand
puated that the way and course concerning
should be observed between the English Colonies and New
Neherand had been established in the Articles Of Con
sderation !" between the English Colonies themselves
On the 18th of February, 1898, under the administration
of Gen. Washington, passed act for carrying
to effect both these clauses of the constitution 1t is entitled
An act respecting fugitpes from justice, and persons
Gaping from the service of their masters. ST. 4.f@
The first two sections of this law provide for the Of m
gves from and they declare, that whenever the
cutye authority OF any State Territory shall demand any
person fugitive from justice, of the executive authority
State Territory which such person shall have ed
and shall produce the copy Of Indictment or an affidavit
made before magistrate, charging the person demanded
with having committed treason, felony, other cer-
fed authentic by the Governor chief magistrate of
State Territory from whence the person charged fed it
shall be The duty Of the executive authority of the State
Territory to which such person shall have fed him
her be arrested secured and notice of the be
given the executive authority making such demand the
agent of such authority appointed the fugitive and
the fugitive 10 be delivered such agent when be
shall appear: but it such agent shall appear within
months the prisoner may be discharged aud all
penses incurred by arestng securing transmitting the
fugitive shall be paid by the State Territory making the
demand And that any agent who shall receive such fugitive
no his custody, shall be authorized transport him the
State Territory from which he fed And any person.
cuing setting such at liberty SHALL conviction,
be fined not exceeding five hundred dollars and be impson-
| ed not exceeding year
The sections of the act respect held labor
any of The United States Territories escaping any
other State Territory and are in these words.
Sec. g. lind be further enacted, That when person held
labor any of the United States either OF the Terri
the northwest south of the river Ohio, under the
thereof shall escape into any other Of the said States
Territories the person whom such labor be
DUE his agent attorney is hereby empowered
such fugitive from labor and to take him her before
Judge OF district courts of the United States
residing being within the State before magistrate OF
county. city, corporate, wherein sc seizure
shall be made and upon proof to the satisfaction OF sHch
Judge magistrate either by oral testimony affidavit taken
before and certified magistrate of such State Terri
that the person seized arrested do under the laws
OF the State Territory from which he she ed
wee or labor to the claiming him her. 1t shall be
duty OF such judge give certificate there
OF TO such claimant his agent or which shall be su-
cent warrant for removing the sd fugitive from labor the
State or Territory from which he or she Red.
Sec A. Ind Be farther enacted That any person who
shall knowingly and willingly obruc hinder such claim
ant his agent Or Attorney sezng arresng such g
tive from aor shall such fugitive from such claim
his agent attorney, when arrested, pursuant t.
authority herein given declared shall harbor
such person. after notice that he she aye from la
tor Aforesaid SHALL for either OF the tad oaaces forfeit
and pay the Of FIVE hundred dollars Which penalty may
be recovered by and for the benefit Of such claimant
OF debt any proper the saving moreover,
the claiming such labor his right
tion for Of the said inuries either oil them
/ t.9RbroUed February II, 1881
II will be Observed that in neither OF the two cases. does
the law provide for trial of any question: whatever by
jury in the Stale in which the is made. The fugitive
from justice be delivered the production Of indict-
committed the crimes and the fugitive from service is to be
removed to the State from which he ed, upon proof before
any authorized magistrate, in the State where he may be
ound either by Witnesses affidavit that the person claimed
doth owe service To the party claiming him. under the laws
the State from which he ,d In both the proceeding
Is to be preliminary and summary both the party
TO be remvd % the State fom which he fed, that his ab-
es and his rights all be there regularly tiled and adj
judged, by the 5unSis Of that State, according 10 its
In pf p,tiac