New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-08-19


claimant that Dan had been repeatedly sent
by said claimant into the free State of Ohio,
whence he ultimately came away u Buffalo,
20 Aat it was utterly false that he hal Ct
caped from Slave State. Is the constitution
al requisition con,emplates Having been
,ent by IN, master into free State. he
thus became free. as has often been decided
by the highest tribunals, and could not be
remanded into Slavery. We mistaie-he
could not be 50 remanded by law but h.
pas by Mr. Henry X. Smith. in pursuance
of law good deal lower than any other
We ever heard Ot-namely, his own viii.
Commissioner Smith closed the case win
the following spirited address to sympa-
Using blacks In attendance, with reference
to LAWYER Talcott's advice, that they should
90 quietly home as a telegraphic despatch
had been sent to the master, who would
probably allow him to be ransomed
And have Few words to sayto the colored peo-
ole here II there IS telegraph sent al all. that
Slave shall goback to Kentucky to hs master accord
ing to my decision. and any of you dare TO oppose
that decision by force, you VII be SHOT DOWN
If the Union and Safety Committee
don't vote this patriot 4 particularly large
medal, beside sending him package of ser
mons from every d. d. they patronize, they
viii evince melancholy lack Of perSpicacity
and gratitude
- Dan was in bad spot. He did not
even DENY the fatal charge that some of his
remote ancestors had been treated by
aYowed pirates and kidnappers in heather
Africa Just as he had now been treated IN
Christian America, at the enlightened and
polished emporium which boasts itself the
home of the President of the United States
His only available defense was the fact
that, having been sent into Free State by
the man claiming to be his master, he had
thereby regained his natural liberty, even
under American laws. and could not be
legally remanded into Slavery. That his
was a Just, sufficient, conclusive defense,
we have no doubt. II did not. however,
prevail against the bludgeon and fiat OF
Messrs Rust and II X Smith Dan IS to
be forced BACK into Slavery, there to medI-
tate on the blessedness of having been born
and reared in the great Model Republic,
where the truth Is solemnly recognized as
self-evident' that all men are created
equal and endowed with inalienable rights
to life. liberty. and the pursuit of haPPi-
ness'-to mediate, that is, If the law
loving club Of Mr.. Rust has not rendered
meditation on his part henceforth impossible.
filsehood the impudeRce, of the petense
that the Right of TRIAL by Jury is conceded
or reserved 10 alleged fugitiyes by the new
slaye-catching law Every one can have
a trial by jury If he wishes 1t, say the Cot
ton oracles, only he Is 10 have II IN the
State whence he escaped. Nh can he !
but suppose he aunt escape thence, but Is
claimed by kidnapper IN order to be sold
and such eases have been and may be
how then Having been hurried of to
some Slave State where he Is an utter
stranger, how will he 20 to work there to
prove himself freeman His witnesses
are all thousand miles away he has no
money, no friends. no rights; If he had ten
brothers ready to swear that they knew he
was born free in New Hampshire, he could
not communicate with them; and If they
were all present, then testimony could not
be taken against white man. The man l.
utterly md hopciessIy betrayed into Slavery
by virtue OF the law of 1850
But suppose Dan could obtain trial
in Kentucky, and could manage to fee 4
lawyer, procure witnesses and prove his
defense-namely, that his master had Prac-
tically enfranchlsed him by sending HIM
into 4 Free State whence he could not
be legally retaken. since he had not gone
there as fugitive of It Who
would be his jurors kentucky slave
holders. three-iourths OF whom had in like
manner lost the Constitutional right to re-
claim their slaves by voluntarily sending
them across the OHIO What weight would
they be likely to give to such defense
What chance would he have of an Uupar-
nal verdict Is not the whole case too
; transparent
What madness, what futility, to talk OF
respecting such an act as this Fugitive
Slave Law Not even kidnapper nor
slaye-trader can really respect it ; Humln'
. ny and the sense of Justice innate in every
heart imperatively forbid it. The most
. 81. 2