Weekly national intelligencer., 1850-06-01

OF slavery or no slavery on the application OF individuals
ordinary exercise Of judicial authority. There is not
slave State in the Union, in which Independent judicial m
bunas moi always open TO receive and decide upon pc
ions applications for freedom; do know, have
heard alleged that the decisions of these tribunals
fair and upright. Such of them have evnce
anly, these qualities in the judges.
This of Congress- the 18th of February, l793 ap-
to have been well considered and to have passed with
little opposition There is evidence known me, that
any body the time regarded any of its provisions repug
nsnt to religion liberty, the constitution humanity. The
two Senators of Massachusetts, at that time, that
disiing 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, Caeb Strong Mr. Cabot,
indeed was one Of the committee for preparing the BILL
II appears to have passed the Senate without division.
In the House OF Representatives il supported by Mr.
Goodhue, Mr. Gerry, both then, believe, Of your county
of Essex, (Mr Goodhue, afterwards Senator Of the United
States and Mr. Gerry afterwards Vice President of the United
States,) Mr. Ames, Mr.. Bourne, Mr.. Leonard, and Mr..
Sedgwck all members from Massachusetts, and was passed
by majority Of forty eight to sepen of these seren
being from Virginia, from Maryland, from New
York, and four from the New England States and of these
four, one, Mr.. Thacher, from Massachusetts,.
am not that there exists any published Of
the debates the passage of this have been able
find none have searched the original files, however and
find among the papers several propositions for notifications
and amendments of various kinds but suggesting the
popey Of any jury trial in the State where the party should
be arrested.
For many years. little or no complaint was made against
this law supposed to be guilty Of the offences and
enomies which have since been charged upon it. 1t
passed for the purpose of complying with direct and solemn
injunction of the constitutions it did than was be-
to be necessary to accomplish that single purpose and
did that cautious mild MANNER be every where
Quoted according to Judicial proceedings
confess objection to the provisions Of this
law, than to them by Mr. Cabot and Mr.. Strong,
Mr. Goolhue and Mr. Gerry and such provisions appear
they appeared to hem be absolutely necessary,
mean to fulfil the duties positively and perempory
Joined upon by the constitution the country But since
has such extent excited the public mind these
have been rendered obnoxious and odous unweaed
have been made, and but too successfully
the passions OF the people against them and under the
OF universal freedom and under that cry that there
rule for the government of public private men,
which is of superior obligation constitution of the
country, several of the States have enacted laws hinder
obsuc and defeat the of this act of Congress-
to the utmost of their power The Supreme Court the
United States has soemnly decided that lawful for State
officers and State magistrates to fulfil the duties enoned upon
the of Congress of 793 unless prohibited by Slate
laws and thereupon prohbitory State laws have been i'm
mediatey passed. nctng fine and imprisonment on all Stale
officers and magistrates who shall presume conform to
these acquisitions of the of Congress- And these proh
boy and penal laws of the States have rendered mpera
tive Congress make further and other provisions for
ryng into effect the substantial intention the act of 1893
And this the of the introduction into Senate of
bill on the subject recently by the Committee the Judi
cary Notwithstanding all that may be said by shallow men
ignorant and factous whose only hope Of
making ofkeepng themselves conspicuous is by ncessan
| mSgulde
the people, know of persons of Congress- who
wish any thing be done the subject of fugves
from SERVICE than what essentially necessary in orerto
meet the requirements Of the constitution accomplish the
objects OF the act of Congress of 1893 And whatever
actmenis may deem essential to this purpose for one shall
Certainly support feel bound do by my oath of office
| and by every consideration of duty and propriety.
AS have already said the of Congress Of 1893 made
provision for any trial by jury the State where the ar
rest OF fugitive is made have considered the subject with
conscientious desire to provide for such jury trial. if posi-
be IN order to aay excitement and objections
There are many difficulties however, attending any such
provision and main one and perhaps the only nsupeabe
has been created by the States themselves by making
penal offence in their officers render any aid in
aPprehendng securing such fugives and absolutely re-
usng the use of their as for keeping them in custody till
jury could be called together witnesses summoned and
regular trial be had 1t is much say that to these
State laws is to be attributed the actual practical denial
OF trial by jury in these These i'll considered State
laws it which have absolutely refused the alleged fugitive
as the case now stands any trial by jury, by refusing those
aids and facilities without which jury trial is impossible
But atihe same time, nothing ass than that such
jury trial Is demanded in of this kind by the consttu
ton, either in its letter in its spirit The constitution de-
cares that IN all criminal prosecutions there shall be trial
BY jury the recaming Of fugitive slave is a criminal
prosecution. .'ia@ H..lt@
The constitution also declares that in suits At common law
the trial by jury shall be preserved the reclamng flg
i've slave Is not suit at TIE law; and there no
o'nef clause or sentence in the constitution having the least
bearing on the subject. .e.4
have seen publication by Mr.. Horace Mann member
OF Congress from Massachus in which find this sentence
Speaking of the bill before the Senate be SAYS This bill
derldes the trial by jury secured by the constitution
man may not lose his horse without rgh, TO 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
aoandons this right This personal vtupeation does not
annoy but lament public man of
30 crude and confused in his legal and So little
acquainted with the constitution Of his country as these opn
ions evince Mr. Mann TO be. His citation of a supposed
case as in point if it have any analogy to the matter would
prove 'hat Mr. Manns horse stray into his neiphbors
held, ne cannot lead him back ,uithout Drepous t;nf b
Jury TO ascertain the right Truly, what Mr. Mann saws
OF he provisions OF the constitution in this publication
test OF bis accuracy in the understanding Of that
ne would do well not to seek protect his peculiar notions
under Its SANCTION but to appeal onca others do 10 that
higher authority which sits enhroned above the constitution
and above the law .as a,l@ Tfa1 7zTili IN
Gentlemen, am extending these remarks fear 10 quite
too great length but there still one characteristic of this
"agitation' too remarkable to be omitted an
member of Congress from Illinois of talent and rApd
increasing distinction, (Mr Bisse in speech delivered n
the House OF Representatives the 81 day of Febuary
made these very true and pertinent remarks k 3Nt
am not unmindul of truth as to deny that in respect
to the subject now under consideration of our Souhern
friends have good cause to complain But il must have been
remarked by all OF that the from those
States when nave really been agreved this respect
those who have threatened with dsunon These threats
have from the Representatives Of States from which
venture TO say, an average slave escapes in
years Who ever heard OF slave
or Alabama Where does he go oi Who helps him away
Certainly not the people of the North Kentucky Virginia
BY the escape slaves do to have dreamed
dissolution as remedy while the from
OF the extreme Souhern States whence slaves eond 10
escape than from the island of Cuba ample cause and inn