Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-06-14

wears afterwards while the love OF liberty was most ervd
watchu and jealous, the consutionaty OF this law was
questioned. -
Indeed il has been acquesced 10 by the whole people Tor
ffy-s years. during all which time movement hs
been nasde in of Congress to repeal impair its pi
sions Il has been carried into actual practical opera
most il not all Of the free States which original parties
TO the Constitution. In this State, of the ost remote
from the savehoding, appears in ID Picker g page l.,
that both my excel and able predecessors nave had
sion to give construction to the act and ere are those who
recoec that Jadge Davis justly sered for wisdom aud
several instances up slaves
TO its provisions. This he did, ,ot by holding court for
no entry record made ad no decree or judgment
tered up, but acting Judge or magistrate, summary
granted certificate, whica merely warrant TO convey
the person certain place, and them being etus oco
had no further legal efficacy.
The intention Of those who adopted the Constitution mus.
govern. II is their views which endeavong to ascer-
an and that end what be satisfactory than such
exposition such practice and acquescence
the fathers Of the Constitution and all those who parc
paed in its adoption, and their successors for than half
a century,
Those Who impressed only with the feelings of the present
time find it difficult to believe that our fathers in the North
could have intended render persons Of color liable to be
carried out Of the State slaves without trial BY jury and
with hearing only before magistrate, will find useful TO
go back the period when the Constitution established
and the actual condition Of things at that time Then all
the States with the exception of Massachusetts, were to
greater or less extent savehodng, and in this State had
been abolished only eight years before by her Bill Of Rights
Connecticut and Rhode Island had in 1884 passed laws look
ing its ultimate extinction by providing that children born
after that time should be free. All the Of that day had
been born the midst Of that institution, and had been ac-
cuomed to its practical operation Rnnawsy negroes were
taken back to their generally, is believed BY mere
reception without legal process, certainly without ua oy
jury formal protracted before court Of record
Massachusetts, ratified the Constitution the 7h Of Feb
ruay, l7ss. She the only free State, and the views
and purposes of this Commonwealth with respect negroes
coming from other States shown by statute passed BY
her the 26h day Of March Of the same that Is with
in fly days Of her adoption of the Constitution That act is
follows:
"Sec. 6. Be further enacted sc. That person being
African Negro, other than subject of the Emperor Of
evidenced by certificate from the Secretary the State of
which he shall be citizen shall larry within this Common
wealth for longer time than two months ind upon COM
plain: made to justice of The peace within this Common-
wealth that any person has been within the
than two MONTHS the said shall order the said person
depart Of this Commonwealth and in that the said
African Negro shall not depart Aforesaid justice OF
the peace within this Commonwealth upon complaint and
proof made that such person has continued within this Com
aforesaid shall commit the said person any house Of
recon within the county there to be kept hard labor
agreeab to the rules and orders of the said houses until the
Sessions of the Peace be holden within and for the said
county and the Of the said house Of correction shere
required and directed transmit atesed copy OF the
warrant Of commitment to the said court on the first day Of
their said session and upon trial at the said court shall
be made to appear that the said has thus continued
within the Commonwealth contrary the Of this act
depart of this Commonwealth within days. and if
he she shall not depart the process shall be had
and punishment inflicted and SO totes QUOTES"
Thus appears that Massachusetts, at that time made all
negroes from other States whether bond free, unless the
prescribed certificate Of citizenship Produced liable, after
remaining here two months and notice Of ten days. TO be
sent by single magistrate the house of correction hard
labor until the next General Sessions Of the Peace which
held justices Of the peace and then liable be sentenced
by that punishment by whipping and ordered out Of
The State and if this order dsobeyed the conne
ment in the house of correction and punishment by stripes
might again be inflicted and for every successive neglect Of
ten days obey the order to depart from the State the
proceeding might be repeated indefinitely The why
certificate Of citizenship protected the holder from being thus
dealt with doubtless because the Constitution which
had just before sanctioned declared that "the citizens Of each
State shall be entitled to all privileges and mmuntes of ci
zens in the several States"
Verify, since the year 1885, when the Constitution was
adopted, OF Massachusetts aud North have undergone
change but this cannot alter pre-exisng facts If from
the progress OF have acquired stronger
pathy for the African, jealous desire to aid and protect
him, change cannot reroact change the views
and intentions which actually existed at the time the consti
tuition was adopted.
Let examine the opinions and decisions of Courts
and Judges, State and National.
The State Courts have in several instances affirmed and
in denied, the constituonaly Of the of 1893
The Supreme Court Of Pennsylvania, with Chief Justice
ilghman at its head in the of Wright Deacon
Serg and Rawe g. after full consideration decided that the
fugitive not entitled to trial by jury, but the proceed
ings to be summary, and that the certificate Of State
Judge pursuant to the authorized the removal and could
not be intercepted by process from the State Court, ana
writ de hoine repkgiGndo which had issued under the
State law quashed Hero the authority Of the State Ma
gstrae and the legal effect of bis certificate directly in
issue and the pivot which the decision turned This
IN sle more than thirty nearer to the adoption Of the
constitution than the present.
The next that of the Commonwealth Griffith,
Pick. H. This Indictment for assault and battery
and false imprisonment against agent who had seized
fugitive slave in order carry him before magistrate pur
uant to the statute The court unanimously affirmed the
Of Congress to egsae upon the subject and the
Of the act Of 793 But Thacher, j. thought
hat, by the true construction Of the act warrant to
required The purpose Of the to carry him
ona authority Of the magistrate not discussed ques
toned. This in the year 1929
In Jack Martin, IL Wendell 3ll, certificate had
been given by the Recorder Of the city Of New York.
writ de afterwards sued out Ssve-
al questions and among them this question Of the
hoy Of the State magistrate. The Supreme Court of New
York, 10 their opinion delivered by Nelson, j. page $685.
ng to the laws Of the State from whence the fugitive fed
belonged to the magistrate under the law of Congress de-
Tide, and his decision conclusive in the matter far the
State Courts concerned. And again, page 329 "The
ecson of the magistrate and certificate Is conclusive upon
he fact the State court" This was 10 1884 This
carried to the Court Of Errors, where opinion
against the consutionay Of the Of 1893 delivered
,her member of the Court concurred with him.
In Simss before the Supreme Court Of Massachusetts,
April last these very questions Of the power Of the Com
missioner, the right of trial by jury, and the right Of Con-
.ress legste zeaousy argued and fully considered
ind the constuonalty Of the act of 1850 unanimously af