The Port Gibson herald, and correspondent. (Port Gibson, Claiborne Co., Miss.) 1848-18??, 1851-01-10


essential provisions, is tie very same law which
was passed in FEBRUARY, 1893, by Congress,
many OF whose members bad come fresh from
the convention which framed the federal con-
stitution, and was approved by the Father ol
| his country. II this be so, it may be asked
| whence the necessity of passing the present
law? Why not rest upon the Act of 1898?
| This question is easily answered. The Act oi
| 1893 had entrusted its own execution not only
to the Judges OF the Circuit and District Courts
of the United States, but to all State magistrates
of any county, city, or town corporate.
The decision of the Supreme Court Of the
United States, in the case of Prigg Us, the Com
monwealth of Pennsylvania, deprvedthese State
magistrates of the power of acting under the
| law. What was the consequence? Let US take
the State OK Pennsylvania for an example.
There were bu. three individuals left in the
whole State who could judically execute the
| provisions of the Act of 1793---the Circnil
| Judge and the two District Judges Two oi
| these Judges reside in Philadelphia; and one of
| them at Pittsburgh, distance of more than
three hundred miles apart. 1t is manifest there
Oc tbdL tbc law III MANY lluecu ia iiiooe Seseo
could not have been executed for want of Off
GERS near at hand. 1t thus became absolutely
, necessary for Congress to provide United States
officers to take the place of the State magis-
| trates who had been superseded Without this
constitutional right could have existed with no
adequate means Of enforcing it. The fugitive
slave bill was passed chiefly TO remedy ibis de-
| fect and to substitute such officers instead oil
eb,C EnA knar1
nullifed under the decision of the Supreme
| Court
1t is worthy Of remark that several Of our
Northern legislatures, availing themselves Of the
decision of the Supreme Court. and under the
deep excitement by the agitation OF the Will
mot Proviso, passed laws imposing obstacles to
| the execution Of the provisions of the consttu-
| ton for the restoration Of fugitive slaves. am
sorry, very sorry, to state that Pennsylvania is
among the number BY our act OF Sd March,
l847 even the use of our public iais is denied
for the safe custody Of the fugitive; and the ailer
who shall offend against this provision, is de.
prived of his Office, and is punishable with a
heavy fine and a disqualification ever again to
| hold similar Office!
The two principal objections urged against
the fugitive slave law are, that it will promote
kidnapping; and that it does not provide trial
by jury for the fugitive in the State to which he
has escaped.
The very same reasons may be urged, with
equal force against the act Of 1893; and yet il
existed for more than half century without
encounfering any such objections.
In regard to kidnappng;--the fears OF the
| agitators are altogether gonndless. The law
requires that the fugitive shall be taken before
! the Judge or commissioner. The master mus
there prove to the satisfaction of the magistrate
the identity OF the fugitive that he is the masters
property and has escaped from his service. NoE
| | ask would kidnapper ever undertake such q
| task? Would he suborn witnesses to commit
| perjury and expose himself to detection before
| the Judge or commissioner. and in presence 0
| the argus eyes os a non. .saveholding commu
nifty whose feelings will always be in favor o
the slave7 No, never. The kdnapper seizes
his victim in the silence of the night, or in {
| remote and obscure place, and hurries hin
away He does not expose himself TO the pub
lie gaze. He will never bring the unfortunate
object of bis rapacity before commissioner O
Judge. Indeed, have no recollection o
having heard or read of a case, in which fret
man was Kidnapped under the forms of law
during the whole period Of more than half ;
century, since the act Of 1898 was passed
But it is objected to the law that the fugitive
is not allowed trial by jury in the State Il
which he has escaped So it has always beel
under the act OF 1898, and SO it is under tn
present law. fugitive from labor is place.
upon the very same footing, under the Consti
tuition with fugitive from justice. Does mai
charged with the commission of a crime i
4 MARYLAND fy into Pennsylvania, he is delivere
up, upon proper evidence TO the authorities c
the State from which ne fed, there to stand hi
trial. He has no right to demand trial by ju
ry in Pennsylvania. Nay more; under our ex
tradition treaties with foreign powers. does
man charged with crime committed in Eng
; land or France fly to the United States, he
delivered up to the authorities of the countr
from which he fed, without trial by jury
this country. Precisely the same is the case
regard to fugitive from labor. Upon satisfas
tory proof he is delivered up without a trial h
, jury. In the Constitution he ia placed upon III
very same footing with fugiliyes from jusic
! from foreign countries. Surely the fugtiy
slave is not entitled to superior privileges ovt
the free white man. When he returns to tn
State from which he has escaped, he is ther
entitled TO a trial BY jury, for the purpose I
/ deciding whether he is freeman. ] beliv
+ evary slave State has made provision by la
for such a trial without expense. upon the pet
ton Of the slave, and we have heard it al
] nounced from the highest authority in the Sci
! ate of the United States, that such trials al
t always conducted in mercy, and With rig
f regard to the rights of the slave.
t Why should an act Of Congress cast such
! reflection upon the judicial tribunals Of sst'
State, as to say they shall not be trusted vii
? the trial of The question whether an individu
r is entitled 10 his freedom, under the laws Of Il
t State from which he has fed7
But to allow TIE fugitive slave trial by Jul
in the State where he is found, would, in man
instances completely nullify the provisions
the Constitution. There are many, fear vel
: many, in the Northern States who place the
.consciences above the Constitution Of The
country, and who would, as jurors, rescue fl
gitive slave from servitude against the cleare
testimony, thinking at the same time, they we
doing Gods service. The excited condition
public feeling in many portions Of the Mort
[ would dsqualify honest and respectable mt
!, from acting as impartial jurors on such que
!. ton. Besides. the delay, the trouble, and Il
g expense of a jury trial at such distance fro
0 home, would, in most cases prevent the mast
t from pursuing his fugitive slave, lie wou
D know that should he fail to obtain verdict, th