Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-01-30
The Trial by jury,

attempting to justify their opposition to the
fugitive slave law by instituting false compari-
sons between the white fugitive from Justice
and the black fugitive from service. We had
the charity to believe that not only many Of
the people, but some of the leading opposcrs OF
the law were laboring under some misapprc-
tensions in regard to its operation. To set
them Alright in the matter we quoted from the
statutes of Virginia to disprove the idea which
they entertained and inculcated. that fugitives
from labor were deprived of all privileges OF
testing their right to liberty or the fact of
vitude. But the manner in which our article
is commented upon by the free-soil organ, at
Portland, admonishcs US that we have awarded
&c abolition agitators more credit for honesty
and candor than they are justly entitled to-
We have only TO quote a single extract from
the "Inquirer's" columns to show the misrep-
resentation and palpablc false statements that
1t accustcns itself to resort to- when plain facts
and incontrovertible arguments are against
them. We give its Introductory paragraphs
"The Bath Times is ahoring with right
good will 10 make out the proprieiy and ex-
cellency OF the Black Law: aud in the last
number lis democracy has risen 10 a sublime
height. Ii maintains that the law is not OBJ
jectionable as eI4daneeying the liberty Of free
persons, for Ct says tkey can have ''juN and
fcir tst6y' IN the slave States. That is. he
approves law by which poor, despscd cit
izeas are liable TO he dragged aft into perpet-
1al slavery, because they may there, without
money, friends knowledge with preslmp'
lion against them. and in the hands of slave
holders, absolutely Ignorant of remedies and
the way 10 obtain them the claimant eXas-
perated by expense aud trouble, and liable if
I've pertsits the alleged slave 10 effect his free
dom; into this condition he is willing the
citizens Of Maine should be plunged, and calls
this "ful and fair trial. Not civilized
State in Europe would thus expose its citi-
zens, aud no others less barbarous aud de-
based than the South Sea Islanders.
A State should hold wtIria its own Juris-
dictiou aed protection every human being I'M
der it-especally the weak-til that iuris-
dicton is overruled by fair and full invests
CATION of lis own. Aud where the great pri-
anal right of Liberty is in issue, legal scrlti-
ny should be most ample and searching be-
fore it is sncraticed. This is point of hon
or and highest duty with civil States not too
servile 10 bear the name. And this we real
" supposed was State Rights and Democra-
cy- But il seems we were mistaken
We have labored to do 10 such thing Our
only aim has been to lay before our readers
facts by which they can judge for themselves
of the fugitive slave law by its operation The
misstatements, both enormously and wilfuly
made in relation to it, we have endesyored to
correct, by quoting the law of Virginia, which
grants the right to any person concciving him
self unlawfully detained TO complain thereof 10
justice-Tlsa he shall hare, free ef cast, al
Seedl process scyrioes Of officers, and attendance
Of tritnesses-an in case of a discharge he is
even awarded damages and costs far detention.
We not only say that free persons are granted
full and fair trial in slave states to test the
question Of their servitudc, but that, however
summary the process may be by which they
are arrested, they are secured by the ConstitV-
ton of the country, the fall benefits Of the
writ of ha5eas corpus, as has been fully demon
strated by the case Of the negro, Long, recent
ly, in New York state. The assertion of our
contemporary that "a state should hold within
its own jurisdiction and protection every hui
man being under it's in direct conflict with
the Constitution, and every principle of law.
Bach state has its own laws, separate and dis
tinct from those of every other state, and the
citizen of Maine that infringes a law of Massa-
chusetts, is amcnable to the laws of Massachu-
sets and not to those Of Maine. The citizens
of our state have no more right to claim thai q
Maine Court or Maine Jury shall say whether
person claimed under the Constitution, as
q slave, according TO the laws of MARYLAND,
Virginia, or any other slave state, is really 4
slave, according to their laws, any more than
they have to say that citizen of Maine who
has committed crime against the laws OF
either one of those states should be tried by a
Court and jury Of the state in which nc may
be found. The great primal right Of liberty
must be tried in the jurisdiction provided by
law and by the Constitution, and that the fu-
gilivc from service is as much favored by law
as the fugitive from justice must be apparent
to all, notwithstanding the false sympathy ex-
tended to the former class.
The provision of the Constitution relative to
the surrender of fugitivcs from Justice and flu
gitives from labor, is of the nature of an extra
dition treaty. The duly to del.rer up is plain
and explicit, and we think it mus: be clear to
all that in neither case has the state in which
the fugitive has taken refuge, the right to sit
in judgment on the laws of the state whence
he fled. They must be delivered up, leaving it
to the laws of the state from which they have
fed, to take care that all the principles Of the
Constitution shall be carried out within its
borders. That the saveholding states lave
not been remiss in affording slaves ample
means to assert their rights IS evident, alike
from their statutory onactments and from in
stances in which such privileges have been i'm
proved The law of Maryland and of the Dis
tnct OF Columbia, we give in the present No.,
as follows =
SEC. N.-And be it enacted, That no peti-
ton or petIlIons for freedom shall hereafter
originate In the general court of either shore
bat shall commence aud be tried only in The
county where such petitioner or petitioners
shall reside, under the direction of his her
or their master, mistress or owner; and the
court of the county in which such petition
or petitions shall be preferred shall have full
power and authority TO issue process against
such master. mistress, or owner .or the par
pose of compelling his or her appearance, di
rected 10 the sheriff OF the comfy where such
person or persons shall reside; and such
sheriff shall serve and return such process in
the same manner us ii issued by the county