Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-07-05

nose obstruc, and resist il was human right and duty
The progress Of these new doctrines in Pennylvaa snu
several of the Northern States led TO enac'menu ,h
penal for the State magistrates give any assistance 70 'ne
claimant Of fugitive slave-refusng him ne use " u
PRISONS and creating obsrucons the reclamation o sucu
slave The natural and intended result followed Inc sc'
Of 1888 became in effect imperative, ana tne o.S
capped slaves aarmngy by reason o. these ena
men and the feelings they engendered in society," o;
only left without any remedy to enforce the consuo
right but incurred personal danger in their attempt W 80
Unless the compact between the states was
and perhaps annuled justice to the people ofhe
States denied further and, il pscticable efcienu
on this subject was imperstvely demanded Inc Penaly
power of Congress for such purpose had been soey
tied il was possible for any political power TO pe seseo y
reason authority and time and such were the interests ~
yolyed hazarded by the growing excitement Id ne
mind as to admit Of delay in providing remeoy' ne
means when consistent with the nature and OBJECT o ne
power conferred discretionary with that oody more
might be upon the judges and other
new authority created and other or addona
process directed than such is prescribed o me sct
until all remedial redress exhausted ny the nfss ace
Of the 9Th section and 18th clause Of the constitution Is
provided that Congress shall have power to make a laws
which shall be- necessary and proper for carrying into execu
lion the foregoing powers vested by the constitution in the
Government Of the United stses, or IN any department o.
Office thereof -
But if there had been no such power given by the cons
tuition to Congress- resulted from necessity, usage Princ
ple and implication 1t is fundamental and well
principle of law established too long for dispute that to fui
q
when the duty prescribed and eDoned the legislative body
discharge but by such enactmens experience has
shown 70 be necessary and expeden and are best
effect the desired object 1t In the discharge OF TINS
duty that Congress passed the act Of September $780, en
tied An amend and supplementary to the act respect
ing ugyes JUSTICE and persons escaping from the ser
Of their masters This coners upon
who had been previously appointed by any act OF Congress-
or who might thereafter be appointed authority concurrent
with the judges othe circuit and district courts OF the United
States in substance the with that which given and
under the act Of 1898 "by any magistrate OF
county, c town corporate OF any state and urner au
hory upon the escape Of ugves from labor to issue war
rants for their apprehension and, when arrested requiring
them to be brought before the said commissioner for hearing
the law of 1898 the arrest authorized to be made ny
the person whom the labor service was or MS agent
without warrant process of any kind This when at
tempted often led to tumul violence and bloodshed for
few could understand would admit the legality proprey
by interested person from another State with
being clothed with any authority from magistrate and
without the aid Of responsible officer Of the State where the
arrest was made This right arrest sometimes assum-
ed without authority for the purpose Of kdnapping-some
times abused where the authority was Rdsputabe and Tor
and for the want Of legal was gene
rally resisted by the citizens who could not or would not un-
dersand the difference between assumed and ghu au-
hory Under the act of $780, the claim OF the owner OF
fugitive slave must be supported BY proof before warrant OF
that warrant must be served by an ocer OF
the Government and legal and satisfactory evidence must be
given before Judge or commissioner of the validity o. the
claim, before certificate for the delivery OF the fugitive slave
can be obtained Il must be admitted by all that this is
sautary amendment Of the Of 1885, by which the rights
Of the and the fugitive equally protected, and the
law vindicated
The commissioners are supposed by many to be officers
unknown to any former law created BY the act OF and
clothed with unconstitutional power But this opinion as
will appear, s unfounded and erroneous. Soon after the
courts Of the United States organized under the udca
of l7s9 commissioners appointed in the several
States. by the courts for taking bail afdavit and dePos
lions and by act Of the asd Of August 1884, they are
nf
other magistrates Of any Of the United States in respect
to offenders, any crime offence against the United
States"
The act Of 1850 requires them to perform additional Duties
but in all respects analogous and consistent with such ashley
possessed and exercised under former laws and the consu
tionaity Of the law was never brought in question
II ia easy understand why the additional duties re-
qured Of the commissioners by the of $50 should give any
as they are identical with such given by
the act Of 1898 "to any magistrate OF any county cy OF
corporate in any and by the third section OF the
act Assembly in Pennsylvania Of 1926 BY the authority
conferred under law the State magistrates 0e
were in fact United States commissioner to do what
qured of the commissioners under the law Of 1850.
The proof in support of the claim Of the owner OF fug
tive slave before judge commissioner by the 9th section
of the of 1850, must be satisfactory, to ente him to
certificate Of delivery This satisfactory proof such
the 9Th scion requires be made and which, substance,
is embraced in the Sd section Of the act Of 1893 in
principle the may be found in other statutes OF Con-
gress for other purposes when testimony wanted IN one
State be used in another State, and directed be verified
in the way Such parts Of the act Of 1850 as exclude
the testimony Of the fugitive at the hearing, and which autho
ze the persons who msy employed to execute process to
assistance in Of resistance, and other matters of
similar nature, merely declara.oy Of known laws or
have been sanctioned by ancient usage The other mpor-
tant provisions Of the act imposing penalties upon such as
knowingly hinder the Of fugitive from labor 10 at
tempting him. in aiding his escape, harboring
bin, similar those contained in the act Of l793 The
difference s in the increase of the penalties punishment BY
Indictment and in details which experience had shown were
necessary give full efficiency the law The 7h section
Of the act Of $780, besides pecunia penalty given to the
injured party indemnity, provides that any person who
knowingly hindes the arrest of fugitive from labor or
rescues attempts rescue, from custody, or shall aid
in the escape shall harbor conceal such fugitive shall
be subject to Indictment fne and imprisonment Thiss an
essential modification Of the Of 1898, made necessary BY
the notorious fact that the penalties imposed by that in
Of recovery, generally paid not by the offender
but by contributions from others who dsapproved Of the law
could be punishment he object Of oil penal laws but
rather encouragement repeat the offence, which often
attended with breach of the peace, tumul and rondict
able offences the State well under the act OF
Congress
Such gentlemen briefly the provisions Of the last act Of
Congress the reclamation Of fugtives from abor That
grossly misepresened through every channel b
which information is usually conveyed TO the people, and IN
such manner and spirit excite disacton to the Union
and opposition and resistance to the law, is known to you all
Examine them with mpaialiy and camness this Law, that
beth are founded and you have not already traced the cause
from the effect inquire why the act Of 1850 has given rise TO
90 much opposition, agitation and resistance among people
alien TO the Southern States regards their institution OF
saverys people whose rights and interests State and ind
ydua political and social have been, and cannot be- by