The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-28

-.
creongTy with that body; more extensive power mgh'
be conferred upon the judges and other magistrates new
authority created and othef additional sas & gu
remedial redress exhausted BY the hrst aucle OF
the sth section and 18th clause OF the constitution Is
provided that Congress shall have powerto make all laws
which shall be necessary and proper Tor carrying no
ecuton the foregoing powers vested by lhe constitution
in the OF the United States, or IN any depart
ment or office thereof"
Bn il there had been no such power given by the con-
sttuon to Congress- ii resulted from necessity usage
principle and implication, II is fundamental and Well
settled principle OF law, established too long io dispute
that to fulfil constitutional power the necessary means
are given and when the duty Is prescribed anu enJoned
the legislative body cannot discharge but by such en-
actmens as experience has shown TO be necessary and
expedent and best adapted TO effect the desired
object in the discharge OF this duty that Con
gress passed the act OF September, 1850, entitled IAN
act to amend and supplementary 10 the act respecting u
gves from Justice and persons escaping from the service
of their masters" This act coniers upon commissioners
who had been previously appointed by any aei OF ,on
gress or who might thereafter be appointed, auinoliy
concurrent with the judges OF the circuit ana dslfct
courts OF the United States IN substance le same
that which was given and exercised under ihe act OF
porte of any State" and further authority upon the
escape of ugves from labor 10 issue warrants of lhe
apnreheuson and when arrested, requiring them to be
brought before the said commissioner Tor hearing by
he law Of 1898 the arrest authorized TO be made by
the PERSON whom the labor or service was que or MS
agent without warrant or process OF any KIND ms
when attempted, often led TO umu violence, ana Dood
shed for few could understand or would admit The legal
ty or proprey of arrest by Interested person IRON
another State, without being clothed with any authority
from magistrate, and without the aid OF responsible
o1icer of The State where the arrest was made ms
RICH to arrest sometimes assumed without authority
for the purpose Of NEUTRALITY-SUSPICIOUS. abused where
the authority ndispuabe and for these reasons,
and for the want OF legal process was generally resisted
by the citizens who could not or would not understand
he difference between an assumed and rghlful authority
Under the act of 1850, the claim OF the owner OF fugi-
tive slave be supported by proof before warrant OF
issue, that warrant must be served by an ocer
of the government, and legal and satisfactory evidence
be given before Judge or commissioner OF the va
idy of The claim before certificate Tor the delivery oil
the fugitive slave can be obtained 1t must be admitted
by all this is salutary amendment OF the act OF 1898
by which the rights OF the master and the ugltiVe are
equally protected and the law vlndIcated.
The commits supposed by many to be officers
unknown TO any former law created by the act OF 1880
aud clothed with unconstitutional power But this opin.
'un wall appear, unfounded and erroneous. Soon
af fer the courts OF the United States organized
under The judiciary OF 1882 commissioners were APP
pointed in the several States by the courts for taking
ball. atdavls ana dispositions; and by act OF the 23d
August 1872 they authorized 10 exercise all tne
powers OF justices OF The Peace or other magistrates OF
any The United States respect 10 oendeTs, or any
CRIME offence against The Unlled States"
The Of 1850 requires Them 10 perform additional du
ties but in ali respects analogous and consistent with
such they possessed and exercised under former laws
and the consluonay OF the law was never brought in
question.
not easy TO understand why the additional duties
of the commissioners by The act of 1850 should
give any dissatisfaction they Identical with such
are given by the act OF 1893 .'to any magistrate of
county, cy, or town corporate in any State and by the
third section OF the act OF assembly of Pennsy OF
1926. By the authority conferred upon the former law
United States commissioners, do wha, it required OF
the commissioners uDder the law OF 1850.
The proof in support OF the claim OF the owner OF fu-
gilive slave before judge commissioner. By the 9Th
section OF the act OF 1850. must be satisfactory TO enlte
him TO a Certificate oil delivery. This satisfactory proof
is such the 9th section requires TO be made and which
in substance, embraced the 81 section OF the OF
1893 1t IS III principle The same may be found in other
statutes oil Congress Tor other purposes, when testimony
wanted In State TO be used another State and
directed to be verified in the way Such parts OF
he act OF 1850 exclude the testimony OF the fugitive al
The hearing aud which authorize the persons no may
be employ ed 10 execute process 10 assistance
OF resistance, and other OF similar
are merely declaraory OF known laws, or have been
visions OF the act imposing penalties upon such know
ngly hinder the arrest OF fugitive IRON labor in at
tempting him, IN aiding his escape harborug
hl, similar 10 those contained In the act OF 1893
he difference is in the increase OF the penalties, punish
ment by Indictment, and in details which experience had
shown were necessary TO give full efficiency To the law
fhe 7h section Of tue act OF 1880, besides pecuniary
penalty given TO the injured party indemnity, provides
that any person who knowingly binders the arrest OF
fugitive from labor attempts to
from custody, shall aud IN the escape, shall harbor
conceal such fugitive, shall be subject TO indictment,
fine, and imprisonment This is essential notification
oil the act OF 1898, made necessary by the notorious fact
that the penalties imposed by tina, act, in of recov
cry generally paid moi by the offender, but by con
tbutons IRON others who dsappoved OF the law, and
approved the condnc, OF the offender In such case there
could be punishment uhe object OF all penal lawsD
but rather encouragement TO repeat the offence which
often attended with breach Of the peace umut and
roti0dicabe offences in the State courts well as un
der the act OF Congress.
Such, gentlemen, briefly the provisions OF the last
act OF Congress for the reclamation OF fugtves from la
Dor. That IT has been grossly misrepresented through
every channel by which information is usually conveyed
the people, and in such and spirit to excite
dsaecton TO the Union, and opposition and resistance TO
TALLY and camness, this law that OF l703 and the fourth
article OF the constitution upon which both founded
and II you have not already traced the from the e
ect inquire why the act oil 1850 has given TO much
opposition, agitation, and resistance, among people alien
the southern States regards their institution OF slave
ry-a people whose rights and interests, State and ndi
vdua political and social, have BEEN and canno, be,
by that law injured compromised, any manner inlur
ously affected and ii the problem should not en- he solv
ed inquire, further, why law indispensable in fuhlment
Of compact TO which that people in their political capacity
became voluntary parties should be repudlaed and what
principle OF Justice morality, any other rule oil action,
known 10 civilized and Christian communities, influenced
them, and prevailed both constitution and law.
Much Of the opposition and resistance TO the law may
be ascribed 10 discovery in ethcs-that there
obligations and duties depending upon the dictates OF con-
science Of higher nature than the laws OF country,
and TO which obedience is due when in opposition TO the
laws. II teaches that human laws are binding, but
should be dsegsrded and resisted whenever contrary to
religion and morality. History Is not wanting IN exam
pies OF this kind to prove that the most obvious truths
and the soundest maKims OF government and lurspru-
dence, which declare and manan the essential rights and
interests OF society, require al tunes 10 be taught and
re established Life, liberty, and the pursuit OF hapr
The vital objects for which unite IN society
dpClaatory The constitution of natural rights; and
tn Than her lt