The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-06-24
speech Of Hsn. Thomas a Bayly, Of virginia
ON THE FIEALITy OF tbs FUGITIVE SLAVE Law,
IN the House Of Representatives, May %, 1852.
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United States has pronounced the law constiiu-
tiona; but as the gentleman from New York
Mr.. FLOYD and others have assailed that court,
and attempted to destroy confidence 10 its decl-
sion, have, from choice, referred to the decl
sions OF other jurists, for whose decisions, pre-
sumo, he has more respect.
could multiply references to similar opinions
almost indefinitely bat il is useless. Those |
have referred TO are of the highest authority
and are entitled to the most profound respect.
The other objections TO this law grow out of
ia details shall not refer to them one by one,
because my time will not permit it, and because
il ia not necessary for all of them resolve
themselves into one point, which is, that the
proceedings under IL are summary and not nc.
cordng 10 the usual rules of proceeding. There
are no objections to its details, that | am aware,
which are not included under the general objec
ton that the proceedings are summary and not
in accordance with the rules Of the common law.
In answer to this, will say that the provision,
of the Constitution e0ntemplates summary pro-
ceedngs. Such has been the decision of the
courts, rs we have already seen, and such WAS the
construction given to that clause OF the Consti-
tuition by Judge Story. At page 676, volume
3, of his Commentaries upon the Constitution, he
say:
"Fhis clause the one providing for the re-
capture OF fugitive slaves was introduced into
the Constitution solely for the benefit of the
slaveholding States, to enable them to reclaim
their fugitive slaves who should have escaped
into other States where slavery WAS not toer.
ated The want Of such provision under the
Confederation was felt as grieyous inconve.
nience by the slaveholding States, since, in many
States no aid whatever would be allowed TO the
owners, and sometimes, indeed they met with
open resistance. Ii is obvious that these pro-
visions for the arrest and removal Of iugitiyes of
both classes contemplate summary ministerial
proceedings, and not the ordinary course Of ju-
dcial Investigations, 10 ascertain whether the
complaint be well founded, or the claim of own
ership be established beyond all legal controver-
ey. In cases of suspected crimes, the guilt
innocence of the party is TO be made ont at his
trial, and not upon the preliminary inquiry
whether he shall be delivered up. All that would
seem in such cases to be necessary j., that there
should be no prima facie evidence before the
executive authority TO satisfy its judgment that
there is probable cause TO believe the party guilty,
such as, upon an ordinary warrant, would justify
his commitment for trial.
"And in the cases of fugitive slaves, there
would seem to be the same necessity of requir.
ing only prinaa tacie proofs of ownership with
out putting the party to a formal assertion of
his rights by Il suit at the common law. Con-
gress appear to have acted upon this opinion
and accordingly, in the statute upon the subject,
have authorized summary proceedings before a
magistrate upon which he may grant warrant
for removal"
Aud that such was the design, is palpably evil
dent from the proceedings of the convention
which framed the Constitution. Ii is evident
tb.t ,G ~,
never designed to be raised upon the application
for the surrender of the fugitive from service,
any more than the question of guilt or innocence
isin the case of fugitives from justice. Itwould
have been harsh and unjust had it been other
wise. The question of slavery in the one case.
and of guilt in the other, depends upon The law
of the State from which The fugitive fled to say
nothing about theogreater convenience for the
attendance of witnesses, where exact justice is
wanted, the claimant of it of course would be
safer before a tribuna. well versed in the law of
the place. A man with bad case will stand a
better chance before an incompetent tribunal be-
cause he may benefit by its blunders but man
with a good case is safer in the hands of q com
petent one, a, bunder fatal to him is less likely
to occur.
Surprising a Northern tribunal and South
I'm one equally impartial, (and in this connec-
ton we must assume that they are so,) before
which one would negro really free stand the
best chance for decision in his favor? Sup.
pose the case of negro really free in Virginia,
but who had escaped from man holding him
az a slave, and for many years had held him and
treated him as slave without question from
any one, and that his father had so held and
treated him, and his right to freedom depended
upon question of fact, to be proved by wit
nesses--such, for instance, as whether he was
born before or after particular date, (and such
questions frequently arise where would the
negro have the best chance for justice, in Mas
sachusetts or the place Of his nativity? The clai.
mant could take on his witnesses. But how
could the negro compel the attendance of his
In Virgins, he can do it without reward TO the
witness, or fee to the officer summoning him.
Is such the case in Massachusetts? Can her
courts compel witnesses TO attend from Wiz.
ginia Or even in Virginia, 10 appear without
fee before a commissioners TO take dispositions
Sir, our laws in Virginia afford facilities to
negro in asserting claim 10 freedom greater
than are allowed white men in any case. re any
person conceves himself illegally held az
slave, our laws provide that he may complain to
any Judge or justice of the peace who, in such
cases, is required to order the sheriff of the
county TO take the complainant immediately
into custody, and to safely keep him at the ex.
pense of the person claiming to be the owner,
until he give bond with security in double the
value of the negro, suppospg him TO be slave,
that he shall be Forthcoming at the trial before
such court as the complainant may select, aud
in the mean time to allow him reasonable op
portunity to prepare for trial. The law also
requires that the court shall assign him counsel,
who, without reward, shall aid him in prosecut.
ing his suit. And our courts always consult
the wishes of the negro in assigning him coun.
sci; and the result almost invariably is, that he
has eminent counsel. The law also provides
that he shall have, free ofcosts, all needfu pro-
cess services of officers, and attendance of wit
nesses (; that his case shall be privileged one
on the docket; that it shall be tried by Jury
free from exception; and that the complainant
shall not be embarrassed by legal TECHNICAL
ties. In the event the jury find in his favor,
they are authorized to find for him damages for
the detention and the court is required to
award him the damages and costs.
Now, just here let me say word to those
gentlemen who charge that the fugitive slave
In w n hrih IF E.,o jaliu :. 4