Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1851-09-13

Fugitive Slave Cases
pAsrrL DAVE.

sucu ~ Auourn~-out trieu NJ bunalo. Inc tol-
lowing extract from the remarks Of the Judge
on granting the writ, will exhibit the principles
that influenced his decis.pn:
Now Il is insisted. that this provision is
clearly prospective, and therefore inapplca-
bic TO The case Of an escape from lubor or
service occurring before the passage Of the
act; and Huch, am constrained to say, ap-
pears to rpe 10 be the plain sense Of the en-
nctmeni. Ii was agreed by the counsel for
claimant that this being a remedial, act, u is
20 be so construed as to suppress the uiis-
chief, and advance the remedy; aud that if
II can he reasonably inferred iiom It's whole
tenor, that the provision in question was de-
signed TO act retrospectively, it is 70 be so iu-
terpreted. But when the language OF q stat
uie Is unambiguoua. aud lends to no absut-
dity or paipabie injustice, II Is to be interpre-
ted according to is natural iuport Ii may
he conceded thut the Legislative intent i'm
ported by the words used, might have been
more explicitly declured, by the addition,
Immediately after the word "shaii," Of the
word hereafter, or OF the words otter the pas
sage Of This act; but Il canuot, think, be
maintained that this intent is not unequivO-
cally expressed by the word shall alone. III
were permitted, however 10 look beyond the
terms OF the provision itself, aud TO spesu-
late upon its probable design, am unable to
perceive that Ele result would be varied.--
The ouly other part of this act specifically
referred to by the counsel for the claimant,
for the purpose of shedding light upon that
under consideration, is the beginning Of the
sixth section, which provides for different
mode orestublisbing the facts Of title and
escape. -
The words here are "Thnt II person
held TO service or labor, in any State or Ter
ritory Of the United States, hus heretofore, or
shall hereafter escape" &c. The argument
is, that il is manifest from this language that
Congress intended 70 provide for cases Of
prior as well os Subsequent escape, There
ran be no doubt of this, SO far as the proyi-
sions Of this section are concerned. But Il
is to be considered that the 10th section in
iroduccd most important innovation upon
the law as il was before the passage Of the
oct. Il authorizes an er pdris application TO
q Court or Judge TO be selected hy the claim
ant, in the absence OF, aud without notice to
the party TO be affected by tue proceedings,
20 determine a question Of fact involving lis
freedom or servitude for life, declares the de-
cisions of such Court, or Judge TO be full and
conclusive evidence of the facts decided, and
therefore binding upon the Judgment and
conscience of the Court, Judge or Commis-
sioner in any other State, before whom the
alleged fugitive may be reclaimed. Il is not
my province to express any opinion upon the
reasonableness of this great innovation. Il
must he conceded that there were not want
ing strong and justifable motives for this
enactment, and il is sufficient for those whose
duty il is to execute il, that Congress have
seen fit TO adopt il.
But il may, think, be well supposed that
IN Difference TO the spirit of the great princi-
pie Of natural justice and Constitutional law,
which forbids the enactment of er post Jacto
law, il was intentionally limited TO cases OF
escape from servitude, thereafter to occur;
and this inference, am of opinion, is rather
strengthened than weakened by the retroac-
tive phraseology employed in the 9th Sec
ton. The liability ofthis provision to abuse
rs too obvious TO escape notice, and il is wor-
thy Of observation, that in the present case,
MS IL appears, the record Of the Kentucky
Court, instead OF requiring the personal at
tendance of the witnesses of the claimant,
the court saw fl, in the discharge of the
grave and responsible duty imposed upon it
by the act, TO receive affidayts, and TO act
q upon them nlone, although the deponents
are described as residents OF the city of Lou
isville, where the Court was held. II may
well be that these witnesses were crediiable
persons, able from their own knowledge to
attest TO all the facts requisite fully To war
rant the decision of the Court, and that a
careful cross-examination would have elicit
ed no other facts favorable to the petitioner (;
but conceding that the evidence before the
Court might lawfully be held by il to consti-
iuie the satisfactory proof" required by the
act, the opposite course of procedure would,
10 say the least, have been more consonont
with the established, and, as had supposed,
universally recognised principles OF enlight-
ened Jurisprudence. ] am therefore also OF
opinion, that it is my duty to apply to this
enactment the same rule of construction that
is applicable TO penhl statutes. at was,Y
says Professor Christian, zone of the laws of
the twelve tables of Rome, that whenever
there was a question between liberty and
slavery, the presumption should be on the
eide OF fliberiy. This excellent principle our
law has adopted, in the construction Of pen
al statutes; Tor vi hen any ambiguity arises in
n s,aiuie introducing anew penalty or pun
ishment, the decision shnll be on the side Of
ienty and mercy; or in favor of natural right
and liberty or 10 other words, the decision
shall be according TO the strict letter in favor
Of the subject. And though the Judges in
such cnses may frequently rnise aud solve
Aifiiculnes contrary TO the intention of the
Legislature, yet no further Inconvenience
enn result than that the law remains as il
was before the untnte. Aud il is more con-
sonant 10 principles ofliberty, that the Judge
should ncquit whom the legislator intended
20 punish, than that he should punish whom
abe legislator intended to discharge with
in,punity."--I i,lac. Comm. SO. note 10.
The result OF this examination then is, thai
though The evidence on which alone ih'
Comn,issioner founded his adjudication
would have been sufficient and conclusive IL
n case arising aiier the passage OF the act, !
>vas wholly innpplieable to case like the
in olher words, as appears on tie face OF tbs
.a.-.lE al.. ..lnl.