The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-24

sakng bu upon the question whelher le ptuaa facte
Soo ofownership sufficient TO justify surrender
Eder The new law the lowest class Of Magistrates be-
a whom the question OF surrender can be investigated
as United States commissioners, VINO; IN most or all
neraK with reference 10 their legal requirements |
RE other classes OF magistrates before whom the
nation may be held under the new law are judges OF the
esme circuit and district courts of the United States
reese are the very highest and best magistrates at the
snosal OF the government Tor the Judges of the United
Sass courts are too few in number, too remote from
ssch other and too much pressed with other engage |
nsns 10 render II convenient proper TO throw the
whole burden upon them So you see that your COM
plant on this head is without jasi foundation, and that
h new law provides higher magistrates conduct these
Investigations than the old one did In reference 10 the
summary" nature OF The proceedings, read the following
from Judge Story's Commentaries, written long before |
ihe present Tor recenD agitation commenced;
obvious that these provisions for the arrest and re-
moya Of ugses OF both classes contemplated summary
mna pSesang' and no. The ordinary course Of Judi
well founded, he claim OF o,eaership be established bsyond
o. OF suspected party is made out al his
trial. and not upon me preliminary inquiry whether he
30 Il necessary there should be priaa aeis evidence
hore The executive authority satisfy Judgment that
u nse = an ordinary would justify his commitment
for trial And in the case OF might've slaves, there would
proofs Of owuership, without putting the party 10 formal
assertion OF his rights by snit at lhe common law Con-
1s n he statute upon his SUBJECT hs law Of
signed by Washington, have authorized summary pro-
warrant for removal"
The Supreme Court OF the United States affirmed thes
views and indeed went beyond them; for it held that
the owner might personally seize and repossess the slave
without the aid oil magistrate, wherever he might be
found:
Indeed tsay the courD this Is than mere af
FINANCE the principles the common law applicable TO
hs subject Mt Justice Blackstone g 81 Com A. lays
il down unquestionable doctrine 'Recapture re-
psa say' hel is another species Of remedy by the mere
hath eprved another Of his property goods and char,e
PERSONAL wfonsuy detains ones wife, child,
Ia which case the owner of the goods and the husband
parent, master, may lawfully claim and rstake them
wherever he happens to find them, i be in rotous
this ground have the slightest hesiation In holding
that under and In virtue OF the constitution, the owner of
slave clothed with entire authority in every State the
Union seize and ecapure his save whenever he can
do without breach of the peace, any illegal vic
lence"
Now sir your difficulty is that you recognise none OF
these long and weestablished principles but lay down
higher law, founded on your misconceptions, at
variance win the practice q all governments, and on
YOU the contrary adopt the true spirit OF the consu
lion, you would be less liable to put harsh construc
non upon laws framed to carry out its provisions.
Again, you say:
at annihates the legal presump,ions that every man is
free ill il is proved that he Is not free"
am not that understand you here but if do,
reply in the language Of cearheaded lawyer OF this
ctyt son OF that great and good man, jeremiah
EvaTts, esq, deceased
whoever shall by the process of this law or without
process attack the liberty Of any man, Of whatever
compilations subject that condition. 1.-THE condition OF
persons held service Labor stable criminal prose-
cation to civil suit as the may be. In word.
cry citizen is protected by law against oppression inn
psonnent under this act manner and to the
same extent as against the same danger in other
don"
Again, you say;
IN surrenaers the victim 10 the affidavit OF the
claimant" #
That the oath OF the claimant or his affidavit a,tested
blythe seal OF the court in his own State should be
pten evidence TO procure the surrender, provision
equally contained in the act of 1893. II does not settle
The matter OF the tight 10 hold The slaves it only makes
oaa probable 10 him to his State iurs
dicion. There, if the alleged slave chooses, be can
have the matter tried at the law, and by jury
When the remedy Is not provided by statutes an action
same effect
This just wha, our State courts do every day in the
matter OF tugves from justice. The officer exhibits his
warrant to some committing magistrate, and, if il is made
out in due form and there is presumption that he has
seized the right person, nothing can be done The
person must lake his trial in the court where the warrant
issued Can fugitive slaves expect greater safeguards
than fugitive white men
In regard to the oath in either OF these cases. il would
il ase, render the claimant liable TO all the pains and
penalties attached TO perjury.
Again, you say:
" 1t imposes fines aud imprisonment on all who show
him any active kindness"
This is not correct Among other most respectable au.
thonties which Justify me in so declaring is the follow
United States
"ln regard the fugves from labor the law
does not impose active duties on our citizens generally.
They not prohibited from exercising the ordinary char
ties OF life towards the fugitive. To him
yy him rom the reach o. his master or 70 rescue him
liability IL Incurred. This gives Just ground OF
complaint lie is only to refrain from express violation
ohe law which operates TO the Injury Of bis neghbor Is
this hardship No law.abidng so consider It
lie cannot claim right to do that which the law forbids
without striking the base OF society III the law be
wise or impoc let be changed in the mode prescribed
conform TO H. And every who arrays himself against
w. and endenvors 10y open secret to bring into
contempt 50 that may be violated with impunity Is
enemy to the best Interests Of his country"
Again, you say
Under It's provisions you and may be required 10
eae our own busness and lend physical strength
sion" IT.
so we may in OF forcible resistance to any law
line land II you would avoid such Interruptions OF
your business and your physical strength for more
agreeable duties, you have only 10 exhort your fellow
ezens TO obedience instead OF intoxicating such doctrines
a. are contained in one OF the paragraphs above quoted
ron lhe independents and ohees which might be quoted
pa' ior such teachings IRON quarter and another,
lne Iols and murder at Chrissna and Syracuse would
not have taken place And ii men OF influence, minis
eis o. ae Gospel, and others WILL suitable occasions
hcueate obedience 10 the laws Christian duty YOU
sha need have no fear OF being called for active SER
wee 20 support OF the civil power, The authority given
" me ohesr by the fugitive slave law, when resisted in
ues, or on The posse eon1fus, il believed 10 be no
I man Is gwen by the common law every officer
Sneh resisted IN the execution of any lawful warrant
,l1s distinguished lawyer OF Boston, a communca
ou 20 one Of the papers Of that city, If the resistance
am ay susn case should assume the character Of riot