The New York herald., 1851-11-29

sometimes, indeed subjecting osimantS to personal
ss which grsSS:.t sS men wsIs not sG
still the cot Of 1925 left local STATE tribunal in
every county, though an inconvenient one, to
which claimant under the act Of 1873 could apply.
forbidding the State Judiciary to take cognizsnce
of the case Of fugitive from labor under the act of
l793. And the use Of the county prison was re-
.sch . fugitive. What was ths sctusi state Of
things produced by the operation of these laws!
None but Judge Of the United States ceuld aid
the claimant OF fugitive from labor, and that
prison for safe keeping, psnding investigation be-
fore him At that time the United States had three
Judges in this State, having jurisdiction in cases of
District, residing in Philadelphia; the Judge Of the
Western District, residing at Pittsburg, and the
Circuit Judge, whose time was divided by the Cir
cuits held in Philadelphia, Trenton (New Jersey,
Williamsport. and Pittsburg. And these judges,
located at such remote points, had no means given
them to secure a person charged as fugitive from
labor, even In the rare instances in whi,h they
things, the arrest Of fugitive from labor, in Penn
sylvania, became, practically speaking, impossi-
bility. Or, certainly, in nine out Of ten, the
promises of the constitution and the laws to the
claimant Of a fugitive from labor, became the
merest delusion. In other States Of the Union,
laws Of an equally urgent and embarrassing charac-
ter prevailed until the provision of the constitution
respecting fugtives from labor and the laws passed
to carry it into execution had almost reached the
point Of absolute nullity. And this great nation
found itself in the position Of these weak and feeble
governments in which there exist
but faults countsnanced that the strong statutes
Stand hke the forfsits in . barbsr's shop,
As much in mock as mart
| Under such state Of things, what was justly to
| be expected from those States which had entered
into the rational compact, under the solemn qua
rantees and pledges Of the constitution! Deep feel
ings, intense excitements, arising from wounded
sensibiity, mortified pride, and great personal in
terests believed to be Pla'ed in jeopardy OF this
state Of public feeling, in some instances it is to
be feared, bad and designing men sought to take
the advantage, until, in the ferceness Of the
Aict that arose, our noble Union seemed to rock
on its foundation But the sa ring Spirit, which
has ever guided our national bright and glorious
destipies rose above the storm, pointing out to
anxious patriotism the haven of peace, concord and
union, in the adoption of the compromises Of the
everto- -beremembered session of 1850. Among
these is to be found the act Of the 18th of Septem
Der, 1885, the law, the execution Of which this de-
fendant is charged, in combination and by precon-
cert with Others to have resisted, even unto blood
commented upon, is, in fact, less urgent in its
features, and better calculated to prevent
abuses than the original act of February, 1873,
of which it purports to be an amendment. By the
ast of 1898, any magistrate of any county, city,
or town corporate, wherein al alleged fugitive
from labor may have been arrested, is authorised
to take jurisdiction Of the complaint, and grant the
required certificate for his removal to the State
territory from which he has fled, In lieu of this
almost universal msgistracy, from which the claim
ant might have made his choice under the act Of
l193 he must, under the act of 1850 make his appli
cation to Judge of the Cir,uit District Courts
OF the United states, or to Commissioner appoint
ed by the Circuit Court-an officer directly respon
sble to the Judge Of the Circuit Court of the United
! states, by whom he is appointed, and whose duty
it is to see that the high trust reposed by him in
such Commissioner Is faithfully, wisely, and hu-
namely executed. This removes one Of the objec-
tons made to the act of l793, which was, that it
] ha Main ha hasr nf fha frafa
to whom he might apply, and thus gave room to
the choice of one whose prejudces or interests
might be operated upon, to the disadvantage OF
the alleged fugitive. The process under the Law
alleged fugitive, might be executed by any
peace officer selected by the claimant; while
under the act Of 1850, it must be either executed
by the Marshal or his deputy, or by proper per
son designated by the Commissioner issuing the
process; who is in this, in all other parts Of the
execution Of his office, immediately responsible to
the Judge eff the Supreme Court of the United
States, by whom he is chosen. The high, digni6ed
and responsible pu lie station occupied by Judge
| oi the supreme national tribunal, affords q SAFE
guarantee that no trust reposed by him in subor-
dinate, shall be abused without the certainty Of
prompt redress. And who can doubt that if
Commissioner shoald abuse hi, power, in the selec-
tion of the agent designated by him to execute his
process, the Judge from whom he derived his fanc
act Of I79s ike that of is5o, authorized the orisi
nal arrest Of the fugitive without warrant. In this
L
under the two acts are also Identical They may be
either oral testimony delivered to the judge or ma
eistate caring the cause, or afidavits taken and
certified by magistrate from the State or territory
from whence the alleged fugitive is said to have
fled The conclusiveness Of the certificate Of reno
val Is equal under the two laws. Under the act Of
le5O, it is declared so in terms Under the &C, Of
| ll93, 1t was the same In edect the supreme Court
| OF this State having so held, in cases in which
| attempts have been made to 60 behind the certii
cate Of removal after it had been granted lfthe
laws Of 1873 and 1850 are substantially identical
whence is it that the latter has been assaulted
| And why has the effort been industriou,ly pro-
secuted to convince the people Of the United
States, that some new and terrible anomaly has
been introduced into the national legislation by
the act of 1S50l The answer to this inquiry Is
alike simple and conclusive. The act Of 1913 pro-
| fessed to give . remedy, but afforded no adequate
means Of enfOrsng it, independens of the aid of
the local State magistrscy, state legislation, by
interdictng the action Of the local State magis.
tracy In its execution, deprived the Law Of vital
power, made 1t the noisy thunder which stuns and
confuses, while 1t deprived it Of the lightning
which strikes and pe7etrates. SO long as the act
Of 1893 suffered to sleep in the statute book in
lifeess inactivity, all well with those who were
willing
10 keep the wori Of promise to the ear
And break 1t to the hope
But when the act Of lsj0 impaired life to its tor
pid anteeedent, by giving 1t a sanction by which
its promises could be enforced and realized, then
burst forth the clamors against the law which have
| so long filled the public ear. Remedial laws, with
out corresponding sanctions, by which their pro-
posed remedies may be obtained, are, at best, legs-
lative cheats. Honest legislation never processes
to afford o remedy, without furnishing the means
necessary and proper to attain it. To furnish such
means OF arriving at constitutional rights was the
end and object Of the act Of lsJ0 which the act
Of 1893 had become inadequate, by reason Of coun-
teractng state legislation. This, and no more, IL
the head and front of the offending Of the cnlumni
ated law. IL was against the execution Of this
law, that the defendsa. srraysd himself by CON-
bnation. eonfederacy, and preconcert with others,
who sre hereafter to answer for their participa-
tion IN the crime. IL was in opposition to the
execution Of this law, that he associated himself
with others equally reckless, armed with the wea-
Ions Of blood and death. Il vas with this OBJ.
ject, and BY this association. that tho blood OF
an unohending American citizen, entering into
our Commonwealth in pursuit Of his legal rights and
acting under the sanction of tAe laws Of the Unlon
has hasn shaJ Shall thi. daaa Of harror nd hood