Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-07-08

have at once right to take 1t making such proof
Now, ask the Senator what is 1t to him, to the c
OF his State whether if my slave goes into Massa
chusets he has the right to trial by jury not since
the requirements of the Constitution that he shall be
delivered up to his owner What question do you want
to tryY Do you try the fact Of whether he is
slave not But whether he should be proven to be
or not does any in his believe that, II the
jury were composed Of such men the Senator from
Massachusetts, the other side Of the chamber (Mr
SUMNER, they would even under the soemnity of the
oath to execute the laws and Constitution decide that
the slave SLAYER That Senator does not think that
the Constitution imposes any obligation upon him
ecute It's provisions notwithstanding his oath to support
III ana suppose that those in Massachusetts who agree
with him IN his abotonism entertain the views
70 inc Obligation OF an oath to support the Constitution
ana the laws OF Congress made in pursuance thereof
But sir why is it that the people Of do
not demand Tor fugitive from justice escaping from
another State the right Of trial by jury before delivering
him to the proper authorities to be carried to the State
in which he is charged to have committed an offence
They send him back in irons and in chains upon the mere
charge Of offence, and the demand Of the Exccu-
tive Sir, again ask why is this Is it that the free
dom of the slave is dear the men
than that of the American citizen that whilst they send
the citizen back without trial. except as to whether he
is the party accused and the person demanded they win
not deliver the slave up, although claimed by his MASTER
and his right to such claim established by proof
toned and unquestionabe without first empaneliing
jury to try the question of whether he is slave or not
1t is true that in the Of fugitive from justice the
Constitution requires that the demand of the Exe-
cnyc authority of State from which he has escaped he
shall be delivered be removed to the State having
jurisdiction of the ofence And in like manner is the
Of fugitive slave held service in one State and
escaping to anothcrhe shall be delivered up on claim Of
the party whom such labor service is due On the
demand Of the Executive the fugitive from justice,
cordng to the requirements of the Constitution be
delivered up and upon claim of the party having right
to the service Of the slave according the requirements
Of the same Constitution thu slave 10 to be delivered up
In each of these cases the made out against the
party is pdrte and only Prin.a Jace for in neither
wasitever intended that jury shonldbe empaneled
to try the question guilt in the slavery in
the other before the party could be back to the
State from which he had escaped. The words Of the
Constitution are that demand of the Executive he
shall be delivered up claim Of the party to whom
such service is due he shall be delivered ups not after
trial of the question of the guilt of the party accused
by jury Of the State to which he may have escaped
nor in the other after trial Of jury Of whether the
fugitive is is not slave. These questions to be
tried by the courts and ures of the States from which
fugitives have escaped
But the gentleman wants the writ Of habeas corpus
and for what purpose? What effect would it have if
should give it to him? What were the great principles
upon which of habeas corpus was granted by the
British Government? What is the object of that writ?
is not to try the question Of whether is guilty
not guilty It is no such thing It not issued for the
purpose Of trying the truth of the facts upon which
is to be araigned before court Of justice II is such
thing 1t is mere requston simply to bring the
before the court in order that the judge may ascertain by
what authority he is held in custody and whether legal
ly otherwise. That is the object And when the judge
finds that he is in custody charge of felony any
other charge, what does lie do with him? Why sir, if
finds that he has under authority that
lawful he at once remands him to the Jail from whence
he TAKEN await the trial Of the question of his
guilt and the decision Of it by the tribunal having the
legal authority to render Judgment in the case
Now, sir, suppose the slave is brought before judge
habeas corpus What is the charge? 1t is that he is
fugitive from service from slave State and held to
vice under theaws Of that State That the charge
Is it for the judge to try the question whether he is
or is not slave? 1t is such thing. But the whole
question he to determine is whether he has been law
fully committed to await his trial the charge before
the proper tribunal What tribunal then is try it?
The one authorized by the law of Congress- Now ask
the Senator if this is the state of the case; il that tbu
nal is alone to determine the question in the of
Heaven, what advantage will be gained by the writ of
habeas corpus? If he means to execute the laws if he
that they shall be enforced if he that when
the question is to be tried whether the be slave
mott he must necessarily go before the commissioner APP
pointed under the law to determine the fact what adyan
age could it BIO to the slave himself grant him the
writ in question: The Senator Sees and everybody else
must that that being the point in the case he
make nothing by having the writ Of habeas corpus
tended to him, unless he to violate the law, tram
pie upon the Constitution and disregard the protection
extended by it to the property Of the South And do
not think that that Senator would act upon such prnc
pies as these.
This being the case it does there is no rea-
son whatever for the repeating of this law unless,
have before remarked it is authorize the Aboitioniss
Of the North to seize upon the property Of the South with
out regard to the laws or the Constitution Of the country
Sir as said before do not mean to make argument
upon the question; but before taking my seat, shall
barely remark to the honorable Senator that agree with
him in that most noble and patriotic sentiment which he
uttered the day before yesterday that he desired to
the North and South bound together by ties He
would the Northern States stand in social proximity
and in social brotherhood with the Southern States He
would bind them together by great roads, by great
nails by great rivers by every thing else which tends to
facilitate and increase the brothcry affection
and the brothery love between the North and South
say the Senator that go the full length with him in
his patriotic DESIRE but he hope that while he and
others throwing out frebrands and attempting to de-
grade and dshonor the Southern States and the South
people, and to deny them equal rights under the Con-
sttution, that this wish can ever be realized2
Mr. MALLORY Inasmuch as have just expressed
opinion in favor Of the reference to the committee and
in order that that expression OF opinion may not be mis-
will take the liberty Of making aremark
two upon the subject.
This discussion Mr.. President originated in the pre-
tain men of Massachusetts, for the repeal Of the fugitive
slave law Its terms entirely respectful to the Sem
ate. There is objection to it that know of in that
spect The in which it has been presented by the
honorable Senator the other side of the chamber
RocKwELL) the manner in which its subject
discussed by him. and in which the position Of his State
upon that subject referred to- in accordance with
the reputation which preceded the gentleman here and
doubt commended itself the respectful consideration
Of every member Of this body He said nothing cacua-
ted to awaken an undue excitement to offend the
selfrespec of the North South; and when he conclu
ded his remarks l was prepared, and doubt not that
every Senator was prepared to sustain the great
petition in this respect. still desire to sustain 1t; but
sir such was the effect produced by the honorable
Senator from Massachusetts this side of the chamber,
(Mr. SUMNER. ~