The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-08

Gently created by statute not included within lbe emu
peraon mentioned, and 10 which the court must now
By he aet Of Congress- OF the 18th OF September 1850
enued An act amend and supplementary 10 the ae
emitted an act ress eng iuglives IRON justice and per-
sons scapng from the service OF heiI masters approved
February I2n, 17g3. Elk dsinct offences defined,
and made exclusively cognzable in the district court OF
the United States. .5a. &c as.f.
They aIe these
Isl Obstruction OF the arrest OF fugitive servant
al. Aiding IN such obstraouon
81. Rescue alter his arrest
1th. Attempting such rescue.
5h AIDING such fugitive 10 escape.
9th. Hafbonng concealng IN, as 10 prevent his
recaplure, knowing hun 10 be such iugluye.
Under the old statute OF 1898 these vaaons acts o.
irespass were treated as personal injuries, withou
Involving public wrong, bat suiecng Tie wrong
10 epafatph damages, asceriainable by cFl aclioh
The owner having the right under the constitution OF 'e
United States to ecapure hs ASCENDING slave IN every
Stale OF the Union, and whenever he could do so without
breach OF The peace, tie law but carried Out It's provs-
ions by aiodlng the ciy, remedy when the night was
impingsd. AS duty was imposed upon Tue olals
mag sliae in case the owner should require Ger
tihcae 10 enable hun peace1by To remove The fugitive
10 the State from which he fled, and as several oil The
States by legislative provision inteiered and for
bade their public funcuonaries from thus aiding in the
execution of The law, the practical delivery con
tempated by the constitution and designed by the
statute but rare occurrence, and both constu-
lion and statute became IN great measure virtually alb
Iogaled. For slave 10 efeci an escape 10 Tree State
was measuraby, safety from pursuit and TO reacn The
frontier, in sight o. Canada sell Danumisson. Such
icing the icency, well The successful resistance
in many instances 10 the administration OF the old law,
the wisdom Of the national legislature deemed il neces
cary, by Tho OF 1850, 10 make IL CRIMINAL TO hinder
and prevent TIE reclamation OF fnguves, and by such
means further secup 10 ibe cuzens OF those States
recognising this species oil service Inc lailhu lulheh
OF the constitutional compact.
Ii is 10 be emphatcally remembered by the careful
der OF the constitution. that article embraces provisions
essential 10 The maintenance OF agreeable relations and
intercourse between separate and Independent commun
ties Ii composed Of four sections each OF which con-
ians such principle OF mnlual regard and tobearance
The mosi prominent oil these are
LIST Full faith and credit is TO be given in each Stale
TO the public and judicial records OF every other State
I'd The citizens OF each Stale solournng in another
are entitled To all the privileges and immnnlllas OF the
citizens OF that State;
Sd The delivery of fugtives from justice demand
OF the executive authority OF The Stale from which they
4ih The delivery of fugitives from service, on the
CLAIM OF the party 10 whom such service was DUE is
These principles seem to be intentionally grouped to-
geher in the same cluster, and IN the spirit OF comp'o-
mlse sustaining and protective oil each other Rudey
tearing away considered destructive OF the
whole. Inc violation of one OF them, highly priced IN
State, would open the way 10 the violation OF
other, alike appreciated in Other quarters OF The Union,
and, consequently, countenancng and encouraging the
lawess 10 resist tie delivery OF fugitive from service,
would inevitably lead an injurious disregard of the
other provisions necessary in the administration OF JUS
lice and the preservation OF social order. The upright
and renowned statesmen who formed this instrument
after mingled together in national legislation for
carrying out into practice ITS principles and preserving It's
guaraniees-the statutes of 1859 and lsOi-in relation
testimony admissible IN courts OF justice The statute of
1888 prescribing Juxtaposon The delivery OF iugpes,
whether from service or IRON justice, and the sixth sec
ton OF The act OF 1901 eDacttng ~ relation 10 the Dis
tnct OF Columbia similar provisions. exhibit most clearly
what The understanding at that early period, a the
character nlent force, and necessity OF the constitution
al obligation by ITS authors many OF whom the
sages OF The revolution The 1893 approved
by Washington, The statute OF 1901 by the elder Adams,
and the act OF 1859 the subject, and with the
same end In vlew-namely, hdeiTy 10 Tie constitution
was approved BY the present Executive. Thus both
sections oil the nation, IN tie persons OF their most
distinguished citizens, clothed with the highest
thority, have solennly sanctioned, as morally night
measures unfolding one OF the principal compromises
which the government was erected.
reference the prov sions of this las, statute
90 far they relate 10 the criminal process all tina, is
necessary Tor the proper understanding of the duty OF
the and jury. BY It's sixth section the party claiming
fugiuve, held 10 ms service and labor may mas
not as he thinks proper apply 10 one OF The public unc
onares indicated, and obtain warrant Tor his arrest.
BY the preceding section, The marshal and his deputies
Obliged 10 execute such under high penalty
And the seventh section describes the various spec
ned offences, and declares the punishment oil hne and
imprisonment conviction. As the statutory language
employed in The recent is the that in The old
statute, and has aeady received the judicial construction
OF The Supreme Cou cf the United States. doubt
be entertained to what will constitute either OF the Of
fences specified
The obstruction OF an arrest, where a warrant has
been issued in the nterposion OF any obstacle.
or the performance OF act calculated and TO
defeat iis execution. ANY impeachment, prevention, OF
hindeance knowingly aud wluly resored TO with that
intention. would amount 10 The offence thus prohibited
81 the fictitious institution OF suits, ether against the
Claimant arfesiing without warrant or against the minis
terial ohcer with warrant, and by such lon al
tofdng The means 10 escape or, after warrant has been
issued communicating, a. by Telegraph directly lnd
recily, with ihe alleged tuyiuves ard intentionally
sstng tbem 10 eude the oil the law BY flight 10
foreign jurisdiction. OUstIuctng warrant is prevent
ing It's execution, and II al may lie by oIcble mt
Otherwise Tor The terms oi The statute extensively
comprehensive, embracing oil aid assistance whatever
whether dTec or indirect given 10 the fugitive, by which
he is enabled to escape.
IT. a.
rested and in actual custody and consists in violently
delivering him from that custody aud putting him large
10 20 wbithersoeN er he Will against the claimant Off
Ger. And The batbonng and calmsnt Is the iraudu
lent act of placing the fugitive beyond the reach and
knowledge oil bis IL The language of Mr. Justice
Mclean, "tis aci must be done with fired intention TO
violate he law by defeating It's object, which is fraud
upon me Jaw as Wen as upon the rights which the law
desgned 10 project"
These three offences with the acts specified as acces-
sons cover the uenal portion OF the statute; but il
all criminal prost cuons the intention makes the act in
Docent or guilty. 20 ~ all OF this description If the
act complained OF is manlesy waning IN this lngredI.
eni however the conduct oil The accused might have pro
moied the escape the accusation caunot be sustained
The prompogs OF benevoence ~ aorlng shelter 10 the
benghied, reel TO the weary food to the hungry, aid
the SICK or temporary supply OF money TO The destitute
traveller, incidents which proclaim their cbsrac.
Ter, and will always he marked 10 forbid the iDpres
son OF any sinister object Genuine benevoen cannot
oesuetessiully counierfeiied
Sueh, genuemen,are The penal sanctions Of the Law
wh'eh since is enactment has excited 80 much aqa-
uon' ana been made the subject al much condemna-
uon As the law however. it must he enforced, and II
snoua pe opeled ny every good citizen who desires the
Wesesauoh o. our civil and political institutions As
s As, WILL oe enforced IN this judicial district Our