The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10


States Commissioner.
is due to this gentleman. who is determined faithfully
to carry the laws Of his country, and has exhibited.
we are informed upon the occasion that calls forth these
remarks, decided energy of character TO lay the following
communication before our readers Every fact which is
here stated is aested 10 by gentleman OF high
spectabiiy He deeply impressed with the devotion OF
MI. Ingraham to the public service
FUGITivE-sLAvE LAW
IL is worth while To examine the law with vlew
to the various obstacles to carrying out according TO it's
spirit and letter, in the various States
II in late case in New York the commissioner
with all the force OF the United States al his back could
not get along with which seemed very plain one
Device after device (or the purpose OF delay was re-
sorted to, and the baied CLAIMANT withdrew from the
contest and sought redress from United States Judge
We know OF in New Jersey, where, indeed, it
has been asserted the commissioners refused to act
In Pennsylvania there seems to be Willingness TO do
the duty imposed The commissioners without hinching,
and they have of some quarters been objects OF
especial vituperaon We have looked at the last
therein which the arrest made by the claimant
without warranwith than usual interest, because
presents some unusual questions, to which we desire TO
call attention. In the first place. if we understand the
object OF the law, is to afford 10 the claimant, who may
be thousasd miles from home, the opportunity to make
speedy proof OF right as the ground OF extraditiono
have, as the consequence OF doing, speedy remedy
Jec No process is required under IT, The claimant may
himself arrest the fugitive, and take him torhh before
commissioner who is to hear and determine the in
summary manner, and upon receiving the certificate
the claimant may take home his property.
In relation to such state of things The first inquiry is,
in whose custody is the fugves The answer s obvious
in that of the claimant; and consequently if the fugitive
requires time, what is to be done with him Tor security
The commissioner cannot commit him to Pennsylvania
jail The laws of that State deny the use OF their prisons
for such purposes United States have noneand in
few minutes he would be torn from the claimant BY mob
OF negroes and abolionists, and gone for ever.
Ii, however the claimant obtains warrant issued to
the marshall he is little better of; Tor that officer has no
place in which he keep securely slave OF the value.
perhaps of three thousand dollars and require him to
do SO at the risk OF paying for him. he be rescued or ss
cape during the potracted sought TO be given to
the inquiry into the right to remove him. would be AZ
great injustice that officer the delay to the claimant
The question how the fact of identity proved
by the claimant upon the testimony OF white Witnesses
to be resisted Is obvious that fugitive IRON labor is
by the law OF the State he fled from, and his status
to be determined by It, and not by the law OF the State TO
which he escapes where such condition is not known.
He carries the law OF his condition with him. and say
that the claimant after he has made out the p7ima facic
to his property is to be met by testimony which at home
is inadnssible, is to deny him justice. In Pennsylvania,
by the TIN section OF the act OF 1877, expressly pro-
yided that "a slave may give testimony against any per-
whatsoever;" that II decision IS 10 be governed
by the testimony which that State recognises, claimant
who has captured and has evidence to prove his prop
erty in slave may be confronted and his right de-
sroyed by others OF his own fugitive slaves whom he
may suspect to be him, those OF his neghbors;
erly such testimony could not affect him II the Stale
of Pennsylvania make slave witness against the
claimant Of a slaves when before United States COM
missioner what to prevent her from passing law for
bidding the testimony of any witness coming from
slave State into Pennsylvania to prove negro to be
slave, to be received! Nothing She has just as much
right do say she has done that her justices
and Judges shall not take cognlzance under the act OF
Congress OF l793 in relation to fugitves from justice and
labor though that act specially provides that they shall
such jurisdiction. Such with the right to
defeat The master after he has made out a primG facc
by white testimony, by introducing that OF negroes,
is promise the OF slave bread and TO hand him
a stone.
In view OF the foregoing. we think the commissioner
at Philadelphia was perfectly right in his deciion in the
surrender OF Gibson, although turned out the witness
had COMPOUNDED in recollection Mr. Knight with the
owner OF Gibson. Such errors occur constantly; but ii
the testimony OF negroes TO override that OF intelligent
and respectable white Witnesses slave will ever be
delivered up. The testimony OF the negro, by-the.by
confirmed the white witness in every essential Particular
as have stated, except to Knight being the
owner of Gibson.
AS the testimony which consgns the fugitive to the
claimant allows him convey him 10 the State whence
he alleged have fled, but does make slave Of
the fugitive whose rights there perfectly protected.
and the testimony opposed the claimant however
erroneous frees the fugitive and there redress. while
the fugitive has redress ii unlustly aken great caution
should be used in receiving testimony of that class which
usually testihes in favor oil fugitive slaves.
We have confidence that the Pennsylvania commits
soner feels himself supported by all udicous, law loving
men, and that his wel-known hrmness and promptness
will characterize all his proceedings.