Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1851-05-16


ous to have it done ? do not pretend that
there is difficulty, but wondort is not, DONE
if there is none. True, it would avail the Slave
nothing, for he might be used up, bcforcany de- .
csion coSld be obtained. Prigg's cases what
ever may be tho points of resemblance, is not
case under this law, ana has therefore nothing
to do with it. The most important points in
volved in II case under the PRESENT law, were
not brought INTO that case ut ALL lou make a
remariIn this portion of sour comments, which
is by far too common, among the conductors OF
partisan presses. You say "no respectable
Lawyer ofany known equation has ever doubt
ed itp The constitutionalty of the law. 1t isto
be amented that such n want of candour should ,
be cvinced by men holding such position as
yourself The sin is not confined TO you it is Z
very common among Editors. You are very.
much disposed, for the want Of better argur
nents, to underratc the talents or moral quali-
iications of your opponents. 1t strikes me that
even bad cause would not lose anything from
candor limits defenders. 1t is easy cnogh to
tell an opponent, that he is fool, but it prores
NO" W ID lndl tshhsE, HUN
ACE Mann, WV. II. SEWARD, and Il host of
others, are not respectable, and ara not Of known
reputation, may be satisfactory tn your readers,
Of kindred views, but the remark docs. not strike
me tavorablv asto your oandon Even your great
y favortc WEBSTER, has taken substantially the
same ground as Judge Chaso especially as to
the duty of Congress inthis,matter. President
Fillmore, who, Lsuppose, is something of a
Lawyer, had such doubts that he saw fit to APP.
ply to the Attorney General for their solution.
Very many Lawyers, generally deemed respec
table, have pronounced the law uncorsttution-
J. al. As to what you say of Judge MCLEAN, it
may be true enough, but it does not touch tho
question. There is no doubt in relation to the
Constitutional provision, for the, delivery Of
pc rsonS held to service" Il is not the Con-
= stitmion but the Lar which is in question:
s [ hare read the Fugitive Law, and find that
1 1t may be the oath of tie claimant, provided
n it is satisfactory to the 'Courr Of Record which
f it would be very likely to be-, without any
c hing to rchnt it, since it is entirely erpartc.-
= This erpa'ie testimony Includes also das-
= crPtionof the person escaping, and it depends
n altogether upon tbn discretion of the Commits
d siOner whether he will admit "othcr" tcstimo-
5 ny, and no provision is made for the hearing of
:. rebutting evidence. The said record, made
perhaps 800 miles off. with its description of the
l. person of the Slave escaped, m y be deemed
n satisfactory proof by the Commissioner, and
l. tlp In tAnl-n- NJ all
o the hearing testimony in behalf of the alleged
II Fugitiue. 1t gives neither HIM nor his friends
a any notice, allows no opportunity fer defence
If his friends happen to be appriSod of what is
going on, they interfere, aad if the Commits
n, sonnr condcsccnds todcier the trial Long enough
:, to allow the introduction of testimony IN his be
half. he may hear it but the law makes pro-
., vision for no such trial, appoints him no coun
sci, pays fer nonr and so far as it is concerned
- makes no provision for any thing but summary
- erpnrte trial.
; The record is required to be satisfactory as
to the service due, and erpGric testimony as tC
identity, is deemed sufficient ground for Ger
, tfcate. Any defence on the part ofthe prison
! or must be deemed merely accidental. | crrcC
in saying that the oath of the claimant is al
that is necessary but still am correct in al;
iirlning that it mty be all that is required, fo
it is so III sotiSGes tLe Commissioner. I do moi
>. like your frequent aluslon to the fugitive from
Justice, as if it were parallel case. 1t seem,
-, uLecling and inhunan 80 speak, rs You Otter
90, of our sympathy for Fugitivcs from Opprcs
sion, as equally appropriate for Fugitvcs from
. Justice. The States are bound to surrender fiji
-. gtiyc criminals; but such criminals arc not t,
! be deprived Of lie or liberty, without 'duc pro
-, cess of law Suppose the alleged criminal t.
g be given up, he cannot be pmnl>hcd until h
- has had fair trial. lie must be arraignc,!, an
:. fairly tried before he is either condemned or ac
= quilted. One State surrcndcrs To sister State
The fugitive is MT consigned tothe tender mel
bo cies OF Irresponsible individuals. 1t is not 5
- with the Fugitive Slave. Tie Law takes hir
-. and puts him in the hands of the claimant, an
bo that claimant may dispose of hmas he choose.
~ He is not necessarily tried by n jury unless h
~, demands it, and that be may easily be prevent
al cd from doing.
. Suppose the owtcr OF Sims, slposld take hll
= 10 Texas and dispose Of him, would like t
90 know if Sims would not have an cxtremel
Id slender chance for proving his right to ibcrt!
IN even if his alleged ownr had no title to him
,bt No colored man could be a witness in the cast
uI and the mother who bore him could not b
;,l brought into court To- swear to his freedom
nc Suppose a kidnappcr SHOULD come to Sout
in Hero, and take n careful survey OF my person.
an he goes to Texas, goes before court of rec
Sc, ord, and proves satisfactorily to the court th
nd he has lost Slave answering to the dcscri
nc ton he gives of my person. He returns
NJ South Hero with the L. s. Marshal, takes II
nat in the field and hurries me before a Comm
M sioncr--my friends in the mean time know notl
,rd ing of the circumstance. | am taken alon
hat with one or two hired witnesses, and have
-, opnortunihv t0, Dracllrc counsel 'ThN rlnim