The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1854-06-09
nosroN sL,,nc,,r.
Tn. Hsadttion oen.,.

The decision IN tins case was Al
Fridiy morning, by Commss.aa, ~
ing An intense excitement prrsa n
and ahou, the Court house. fof ron... 4
timc previous 10 the mconns Of m4 IL
At about hsli pas, eight o'clock Rars
brought into Court, attended b, a rr, =
mon. aud nj . o'clock the Conr,.. \
took his scat. Order was immods,. 4
cured, and Mr.. I,oung read has d.e.a y
follows; b
nrtisioN o. coNNisstoNTR luts.
"Thc issue between the partis. q
under tho United States Statute oi i.
aud Cor the respondent It Is urged a Y
statute Is unconstitutional Whence (.
objection Is made It hccoms noces..- Y
rrcur to the purposes Of the statute =
puports 90 carry into execution ihr !,
sions Of the Constitution which prs.
for the eXtradninn Of persons he'd % =
wee or labor ia one State and escaping .
another. II Is applicable, and 1t is ape =
alike to bond aud trce-,o the apprea I.
and the slave, aud in reference to both J
purpose, provisions and processes, afc !
same.
II oxtradition Is the only purpose Of :
statute, and the determination Of the id
tity Is the only purpose of these pfocess
ings under n, II seems 20 me that tha q
lection of unconstitunonnlity TO the ssia4
because it does not furnish Jury tm.
the fugitive Is answered.
But a special objection has been raiel
TO the record, that II describes the escape n
from the State of Virginia, and oms o.
describe 1t as into another STATE, IN Zoe
words and substance of the Conshlnuua
But in this the record follows the 10Th se.
ton of the Statute of 1850, and the Coo
text Of the section confines It's action "
cases OF escape from one State, &c, iaa
another, aud Is therefore, IN practical af.a
and extent strictly comfortable to the C0s
stltution.
This statute has been decided to be,oe
stItutional by the unanimous opinion Of
Judges Of the Supreme Court OF Ms,sacn
sets IN the fullest argument and the nl
turcst dellbcratIon, and To be the law
Massachusetts ms well NJ, and because & q
4 constitutional law, of the United STATS
and the wise words OF our reverend tut
Justice in that case, Z Cushing BIZ, rs.
we'll be repeated now, and remembered
ways. The Chief Justice says;
1t Is said that the statute, If Cons,l.
tional, is wicked and cruel. The like chan
90 were brought against the net of lag
and c. J, Parker, of Massachusetts, mao
the answer which c. J. Shaw cites %.
proves, viz: Whether the statute h,
harsh one or not, Is not for us 70 deter
NINE"
1t is said that ihestafute is 20 cruel al
wicked that II should not be executed b
good men. Then, into what hands sll
Its administration fall, and, in it, adnrai..
ration, what Is to be the protection Of the
operation VIII those who call The stg
ute merciless commit it TO mercila
Judge .
II the statute involves that right, vlic.
for US makes life sweet, and the van, q
! which makes life misfortune, shall It's 81
/ mlnlstratlon be confined 10 those who's
reckless Of that right in others, or ignons
or careless of the means given for Is en
| defence, or dishonest in their use II aa
men wish this, they are more cruel a.
wicked than the statute, for they WOE
strip from the fugitive the best secuni
and every alienation the statute LEAFS
him.
As ! think the statute is constitution,
II remains Tor me now to apply the facts
the case.
The testimony Of the claimant Is from
single witness, and he standing in circus
stances which would nocessaslly bias D.
iaircst mlnd-but other imputation thandi
has not been offered against hjn. and ilg
any thing that has appeared before 81
cannot be--his means Of knowledge 81
personal, direct, aud qualify hun to test
confidently and he has done 80.
The testimony on the part of the resp
dent 10 from many witnesses whose in.e
rlty Il admitted, and TO whom no nnputat
Of bias can be attached by the evidence
the case, and whose means Of knowle,
are personal and direct, but in my opal
less full and complete than those Of Z
Bront.
When the complainant entered the NJ.
where Burns was, Burns saluted hin, q
by his Christian name" How do you
Master Charles z" lie snluted Mr.. b.
also, and by his Christian name --''ll0s
you do Master Williams Z" 10 the apg
lalion, "Master," give no weight.
Col. Su,tle said, allow come you ig''
Burnes said an accident had happens
hlm--ihat he was working downat Robes
on board vessel--go, tired and wed
sleep, and was carried off Ia the vessel
Mr. >. Anthony, did | ever whip go
B.--No, Sir.
Mr. Sid ever hire you out snysis
where you did not wish 10 go'
B.-No, Sir.
Mr.. Slave you ever asked me I.
money that I did not give it 10 you,
B.-No, Sir.
Mr.. S.-When you were sica did p
prepare you bed 10 my own house, b
put you upon II, and nurse you
B.-Yes, Sir.
Something was said about going Der
lie was asked If be was willing 10 81 bad
and he said--ies, he was.
This was the Testimony Of Mr. Brett
That u conversation took place was
hnmed by the testimony Of Caleb Page VI
WIS present, and added the rcmart y
Burns said he dil not come IN CAPT Sos
vessel Tho cross examination u BE-
showed that Col. Suite said msee
no promises, and make you 70 thieih
To ne tins evidence, when applied :. T
question Of identity, confirms end es.ae.s
rs the testimony on the part Of ihe nff
} dent, aud then Oh the whole TESTIMONY
mind IL satisfied beyond Reasonable a'
7 81 the identity Of the respondent niA
t Anih0y Burns named in The record.
II VAS objected that this eDa'ef,'l
was IN the nature Of admissions an1 ?
TOO, q a man stupeied by c.framalaa
aud Tear, and these consideration 20
) have weight had the admissions been y
70 establish the truth Of the ma'i'i'
, which they referred 10 l. r., the usage,
} giving d money, nursing, &c" bAi I
were used for no such pnfpose, bot ol.1
! evidence 10 reference 70 identity. lisa y
been procured By hope or fear ihg1 =
. have been ingdmias.blei but % thAi q
sidered there sas ~ evidence
, On tila Low AMI iacis ~ he case :.
Ider the claimant entitled ~ The eifl4H'
. from me which be- clalaa.
. Great sensation vas manifest 10 il's ~
, Room immediately % tAe ciose RI ~