The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-09-18
VOL. Y.

"onshed the principle that no slave brougbt
" 'ne master or permitted by LIN TO coma
wi'nin Its boundaries. can he reo,oi,,od
"" appears before a county court in Ken.
t"cky, claiming Davis as his slave. Tho oIoin,
y 'r'ed' IN the absence Of and without notice -
'ne person whose liberty or slavery for life j.
to be decided upon. No witnesses arc .,,,,,
moned Tor him, and, in this case even Tho
presence OF the witnesses for the claimant v.s
not required On their mere aBdav;ts a.
county court decided that the claim was good
and that Davis was fugitive slave The
transcript OF the record Of sham trial like
this is to be received as conclusive and final
evidence throughout every other State that .
man is fugitive slave belonging to the person
who holds said transcript and every Commits
missioner every District Judge in free State
is bound by this 10th section to surrender him,
A more monstrous innovation on all law and
justice has never dsgraced any civilized conn
try
1t is this vile section which Judge Cokln
founding his opinion on the naked letter, pro-
nounces prospective in its operation: but this
does not affect the rest of the law for the sop,a
section expressly provides a that nothing here.
in contained shall be construed as reouir;no
the production ola transcript of such record "a
evidence aforesaid; but in its absence the claim
shall be heard and determined upon other salts
factory proof, competent in law What this
satisfactory" proof is, is defined in the 9th
section, which is expressly retroactive and pros
pertire in It's operation, as the 10th section is
expressly and ereiusireiy prospective.
The majority Of fugitives claimed hitherto
have been claimed under the 9th section; and
such will be the case hereafter. few only
have been demanded under the 10th section
which is alone affected by the opinion of Judge
Conkln-and yet the Learned and conscen-
tious" commentator of the Wing has the face
to assert that the Judge has nullfed the law
and hereafter his decision. if sustained. will
efectually bar all further attempts to recover
slaves who escaped from service prior TO the
passage of the fugitive law!
The decision of Judge Conklin establishes the
important principle that the Court to whom
the record evidence prescribed in the 10th
secuon is submitted rrS ~. ~, 81 ..,y -, r
ascertain whether it conforms to the require
ments of the law and if it do not so conform.
reject it as no evidence at all. Commissioner
Smith understood his duty imperfecty Judge
COnkln examined the record, found that il
averred the fact of escape before the passage of
the law, which declares all proceedings under
this 10th section prospective, and he therefore
held that the adjudication of the Commissioner
was made without evidence.
Let us apply the principle in another case.
claimant appears before the County Court of
jefferson, KY proves that a certain person
owed him service under the laws of Kentucky.
that while owing service, he was permitted to
visit Cincinnati, whence he never returned
The Court causes record to be made of the
matters so proved, and also general descrip-
ton OF the person so escaping, with such con-
ycnient certainty as may be. The claimant,
with transcript OF such record, authenticated
by the attestation of the clerk, and by the seal
of the said Court, proceeds to Ohio, has the
alleged fugitive arrested and brought before
Judge Mclean, and submits said transcript as
full and conclusive evidence of the validity of
his claim. The Judge examines the record
and on the face Of it findE that it is not con-
formable to the provisions of the 10th section,
under which proceedings are instituted This
section defines the person to be delivered up
as fugitive, on proper record evidence, as a
'persOn held to service or labor in any State or
Territory, or in the District of Columbia, )" who
"shall escape herefrom" The authenticated
transcript of the record ON its face alleges that
while held to service or labor under the laws of
Kentucky he was permitted by his master to
go to Cincinnati, Ohio, whence he refused to
return. He is not then, the person described
in the 10th section; he has not escaped from
the service or labor to which he was held in
Kentucky, but was permitted by his master to
leave it 30 far as to place himself beyond the
jurisdiction of the laws under which he was
held 1t seems to us that the Judge would be
obliged to discharge the person under arrest,
on the ground of absence of evidence, the
record on its face, not only failing to show that
he was fugitive, within the meaning of the
law and the Constitution, but proving the very
reverse. IL the Court can look into the record
of evidence to see that it conforms to the re-
quirements of the 10th section in one part it
must exact conformity as it respects all parts
We have no doubt that it was the nsidious
purpose of those whHconcocted this 10th section,
to destroy the eaed IF the repeated judicial
decisions THAT slave is not subject to reclama-
tion who has been carried, or permitted by his
master TO go to free State) and to make the
laws Of the slave State, as defined by prosla-
very tribunals, paramount in free States But
the principle Of construction, irresistby inn
piled by the decision of Judge Conklin, will, if
honestly and intelligently applied effectualy de-
feat this purpose. The Commissioner will not
be bound by the transcript Of the record Of a
court Of another State, alleging the escape ola
fugitive, unless the said transcript show that
he has escaped from service on labor IN that State
If it fail to show this or if it show that he has
been carried into free State with the consent
of his master then this fugitive law has no more
to do with him than has the Federal Constitu-
ton, to carry out one of whose provisions 1t was
enacted His seizure and detention are illegal
The RANDOLPH NEGRoEs-One or two years
ago, some itinerant correspondent dealing IN
petty wares stated through one Of the news
papers that the Randolph slaves emancpated
and carried into Ohio, we're miserably OIL and
some, anxious to return. The SANDER served
AZ n text for mapy sermon. among those who