The Empire County argus., 1854-04-01


ne or she fled, owe service labor to the person
claiming him or her. 1t shall be the duty of such
Judge Or magistrate to give q certificate thereof to
such claimant, his agent attorney, which shall be
sufficient warrant for removing the said fugitive
from labor, to the state territory from which he
or she fled, and for using such force and restraint
as may be necessary under the circumstances of the
case to take and remove such fugitive person back
to the state or territory whence he she may have
escaped as aforesaid. In no trial hearing under
this act shall the testimony of such alleged fugitive
be admitted in evidence, and the certificate herein
after mentioned shall be conclusive of the right of
the person or persons in whose favor granted to re-
move such fugitive to the state or territory from
which he escaped, and shall prevent all molestation
OF such persons by any process issued by any court
Judge, justice or magistrate, or any other person
whomsoever"
Now, as this provides that any slave escaping into
this state, who is sought to be reclaimed shall not
be allowed to give testimony here to show that he
was brought here since the admission Of California.
it contempIates the reclamation and removal of
slaves who have been brought in defiance of the
constitution. If negro escapes from Alabama or
any other state where service is legally due to the
owner into this state, there is law Of Congress
expressly framed for his reclamation but this bill
goes further than the nst law of Congress and makes
provision for the reclamation Of slaves who have
been brought here-perhaps against their will
since the adoption Of the constitution slaves who
are not fugitycs from labor, contemplated in the
bill In this feature of the bill it is unconstitution-
Alt contemplates and provides for a state of
things entirely inconsistent with the constitution.
If the bill Were framed only for the removal Of ''fu-
giyes from labor and slaves brought to this state
prior to her admission into the Uni0nn it would be
entirely Unnecessary to pass this BILL for the law Of
Congress is amply sufficient upon the subject. If
there slaves in this state who are not fugitives
from labor-slaves who have not escaped from
sto yvhnrn thnir 10 1un roIar thn law
such states, then contend that they become free
by being brought here under the provisions Of our
constitution.
What proof is required by this bill that the ne
gro claimed, is the property Of the person claiming
No proof but the simple affidavit of any white man
who may make the claim. 1t does not require that
the claimant shall show that the negro sought to be
taken is fugitive from labor, except by the oral
testimony or affidavit Of the claimant. In other
cases where property is sought to be recovered,
something more is required than the simple afida-
Wit Of the claimant. Slaves are chattes, property
and when sought to be reclaimed the same law and
testimony should be required for their recovery ais
for the recovery of other property. A man in JUS
tce, should be required to furnish much proof Of
ownership in human being, as he is required to
furnish for the ownership and recovery of a stray
mule. This law uses the words from which he or
she (the slave) may have Hed' Does any gentle
man tell me that the law of congress is insufficient
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states! Have not large majority of the slaves in
this state been brought here! And is it not these
who are sought TO be reclaimed under the proys-
ions of this bill! The title of the bill refers to fl-
gtives, while its provisions contel ates slaves who
have been brought here by their masters since the
adoption of our Observation-Disclosures here, and
being brought here on every steamer--their pas
sage paid by their owners, and they introduced into
the state contrary to the provisions Of the constitu
ton.
One part of the law says, that the certificate is
sued upon the affidavit shall be conclusive, and it
then prevents any process from being issued by any
court, Judge Justice magistrate or other person
whomsoevor." Under this law an affidavit of the
claimant is all that is required; yet with Il similar
affidavit you could not recover possession Of mule
in any court in this state If an affidavit is made
that certain negro is the slave Of the man max
ing the affidavit can 90 before the court and show
that the man is not slave! Can | show that he
was brought here since the anopton Of the consti-
tutionl Is the negro claimed permitted to show
these facts! No, the law prevents both him and
me. The negroes word or affidavit cannot be tax
en-, and if wrongfuy reclaimed no other court can
interfere-not even the court granting the certih-
cate. This is the law now statutes, and we
arc told that the bill before Us only extends it for
another year. The same thing was told the people
of this state two years ago. 1t was told them again
last YEAR and here it is again, with the same cry,
only another year !" and so we shall continue,
year after year. peIpetuating slavery in this state
in direct violation Of the spirit of the constitutions
endorsed by the solemn vote of the people and
doubt not but that by judcious Elimination as to
time it be perpetuated forever, or for century
at least.
The last section of the act reads as follows:
Section 5. Nothing contained in this act shall
be so construed to allow the claimant of any
slave to hold such slave i'll seryitude in this state
after his reclamation under the provisions OF this
act except for the purpose Of removing such slave
from the state"
This is whipping the devil around the stump Of
the constitutions for it allows the slave to be in the
state and working for his master, until the master
or owner gets ready to send him home, and wher.
he is ready to send him back and has no further
need of his services here this section says he shall
not after the reclamation be held in seryitudc in
this state.
The act is everywhere inconsistent with its title.
It's title refers to fugitves and slaves brought here
when California territory but its provisions
refer and are made applicable to slaves brought
here since. | hold that slave brought here since
the adoption Of constitution cannot he held in
our state for the constitution steps i'll and says that
slavery shall not be tolerated here. Such slaves
cannot be considered fugitves because they have
not escaped from service due; those only are fugi-
tives who have escaped from their masters in other
states, not those who have been brought here by
their masters.
| think that time enough has been given for the
removal of slaves. [ do not question that some
slaves brought here before the adoption of our
stituton have escaped into the hills elsewhere,
but the law of congress is amply sufficient for their