Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1851-08-02
SALEM, ONO, AUGUST 2, 1861.
EXECUTIVE COMMITTEE meets August Sr,
A Fugitive Law Necessary.

Soilcrs admit, according to this editor.thc obli-
'Whig friends have been in error in supposing
them entirely opposed to any fugitive law
whatever This is Freo-Soilism in Indiana
according to its organ, and Judge Stephens a
distinguished advocate Of its claims, presents
the form Of law, he would approve and in
which the Editor mainly concurs.' There is
one idea in the editorial of the Democrat which
we give below that is entirely new to us, viz /:
That such law is necessary for the pro-
lection of Northern Freemen.' We hope the
editor will explain, we arc curious to know the
nature of the necessity and Of the protection il
will afford. Such law would indeed protect
us from all suspicion of virtue, honor or hu-
manity. We give the article entire.
"lAS CHANGED HIS POSITION"
Two weeks ago we had an editorial on
the Fugitive Slave Law, in which we stated
our belief, that fugitive slave law of some
kind is necessary, as well for the protection
of Northern Freemen as for the benefit of
the slave-holder. The Wings, on reading
it, exclaimed with great vehemenco, abe
cd to any fugitive law whatever" Our whig
friends who say this, are entirely in error.-
We have never taken any such position,
however much they may have desired we
should take il. Nor, so far as we are in
formed, have the Free Soil party taken such
n position. Free Soil men, as do others,
differ in opinion as to whether the power to
egisato on the subject vested in Congress
or in the State legislature, but admit that
the Federal Constitution imposes the obliga-
ton to allow the recapture of fugitive slaves
In the speech, the publication of which we
commence this week, Judge Stevens notices
this point. We make the following quota
ton in this connection, although it is antici-
pating the publication of that portion of the
speech i'll which il occurs.
From these views il follows, wiihoutany
available doubt, that constitutional fugi- |
tive slave law must provide
First That, if the person claimed MS a
slave shall deny the right of the claimant,
the question of slave or no slave shall be tried |
by the regular 81 proper common law judicial |
court, having jurisdiction of the place and of
the amount, by jury, under the cummon
and general rules of evidence and proceed
ings of other suits, for any other property Of
the same value.
Secondly. That the complainant and the
person claimed should soverally have the
right of appeal and the writ of error, as
other suitors, and under the same rules and
regulations.
Thirdly. That, in the mean time, the per-
son claimed should be secured by sufficient
security, or, in default of that, he kept in
jail and that the expenses of OBTAINING in
Jail should be paid by the State in which the
trial might be pending.
Such law would be Constitutional, Just,
and satisfactory. All opposition would
cease. The hiding and running of colored
people would cease, and peace and good will
he restored"
We concur mainly with the Judge as to
the kind of law, aud entirely MS to the ef-
iects of such law.
This is constitutional fugitive law. Well
We arc not going to deny its constitutionality.
We rather commend the candor of the Editor
and the Judge in acknowledging it. And here
is the point of difference between us and these
Free-Soilcrs They make law because the
constitution requires it. We repudate the
constitution because it is unjust and wicked in
making the requisition.
| This proposed law, as well as any other which
acknowledges the right of rccapture, yields the
whole question in controversy between abol-
tionis;s and Shareholders. 1t says man may be
a slare if court and jury says he is. 1t anuls
the law of God which grants equal freedom to
all. 1t impiously prescribes the manner and
form in which it shall be done. 1t does it in
regard to any man, woman or child whom any
kidnapper may choose TO claim. 1t imprisons
him at tho expense of the state in which he is
arrested and if condemned by the prescribed
forms, sends him to hopeless slavery.
Acknowledge tho authority of the Constitu-
ton, put the most favorable construction posi-
ble upon it. Deny the power of the Federal
Government to act in the premises, declare, not
that they shall be caught, but only giuen up and
and this proposed law is constitutionally Just,
though it calls in question tho right OF every
man to personal freedom. Ani-Slavery mon
among Free-Soilers may scout this idea as they
will-but holding that the constitution requires
the free states to be open territory for hunting
slaves-this law does no more than meet tho
demand, though it subverts and falsifes the
whole ground work of abolitionists and affirms
the rightfAipess of slavery.
Again, in view of these facts what becomes
of the doctrine that slavery is exclusively the
institution of the states. A mere fallacy, though
by it many of our friends attempt to release
themselves from responsibility But expert