Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1860-03-29

which the punishment referred 10 was in
anted, withheld frem the accused trial BY
idsA and was therefore held to be unsen-
.titdtonal II was also held by the Court
Hthatths Constitution is an instrument that
every officer of government is bound to
ls1sw and preserve at his peril, whether
his ofzice be judicial Or Ministerial; and be
leeps d js.st,fy sr, eel sgsias il -psav,.s.p,.
eb,n Nth The authority ef he Legislature %
aid hun. howeuer much that may mitigate
his case"
The prOviso that every free negre or nu-
latto arrested "shall be deemed to have
emigrsted to this State since the 18th day
uef May, l847, unless such free negro or
htfo shall prove 10 the satisfaction Of
the 0&csr, before whom be is arraignsa,
that, hsemisrated to this State psias to such
. date" thus throwing The onus of proofup-
onitiie accused, is it in disregard Of a legal
maxim. assasesent as human goveinssent,
that every psrsos is to-be deemed inno.snt
until proven guilty. Great hardships sad
much injustice wsuld be liable, and likely
to result from such a.rule IN regard to
preof. However innocent Of anysyiOlatiOn
of law, it might in sOns-insl lhossbs very
difficult, if not impos ablo for the free ne
gro toprOve the date Of his seigration 10
the State, and an arrest xosId invqlvs an
Eexpspss and loss, psrfmf<snot inconsidsra-
bic; and to this he might fbe subjected,
merely for The qualification Of spleen or
revenge, while if the burden Of proof rested
upon the prosecutor or informant, he would
not be moTestsd. II can be. .easily seen
that if the burden of proof in cur courts Of
justice devolvsd uPon the accused, NEE
wills resulting. thsrslrom would be endless
and inolerabIe. Andit can hardIy bs re-
garded as magnanimous- or just TO impose
burdens of this character upon those natu-
rally labOring under disabilities that would
be considered unjus, and cruel, if made sp-
pilenble 10 those who politically our equals
Section l6 declares that any free Negro
or nrula,,e who .hsn cdn1s4nto md csutin-
ue in this State for the space ol twenty
four hours shall be deemed for all purposes
of the act 10 have snigraied 10 and settled
in this State, end shall be dealt with as
provided for by the fourth section Of this
act. l cannot but regard thi, provision as
nsedlessly harsh, and list:to do injustice
Persons Of the class affected by this bill
nigh. be thrown apon our shores by the
wreeking Of steamboa. osdelainsd within
our borders by a railroad or other unavoid.
!. able accident, and this without and fault o.
theirs, and without remedy be subjected 70
perpetual bondage. Even though state Of
servitude might TO many Of them be bless
ing, We would no, be justified in thus has
tily enslaving those who had not intsR.san-
ally violated our laws, or in any way wron-
ged our citizens and CONN onw ealth. The
enactment or enforcement of a penalty So
mAnifestly unjust would inevitably react
upon those responsible therefor,
Another feature OF the bill. impraoticsbls
and anomalous in its caracler. deserves at
tsntion. l allude TO the right given to free
negroes or mulatto. to dispose of any prop
er,y they may have possessed, to execute
n title therefor, and TO control and manage
or dIsp pose of the proceeds thereof .af er they
have been sOld - slavery. The righ, Of
a slave 10 own, manage, or dispose Of prop
srty, contract and be contracted with, with
out the consent OF his master, is SO incon-
sis,ent with the relation OF master and slave
and the rightssend duties or each, that the
provision in this bill authorizing said ne
groes or mulatoes. afier their sale into sla-
very tohake such disposal of their prop
er,y as they may desire, or to control it as
they may think best, would involve the ad-
ministration Of This law in exiricabls confu-
sion and difficulty.
If This act repeal, the law declaring it tO
be penal offence to deal with slave with
gu, the consent Of his master, stiIl the law
gives him ne opportunity TO dispose Of his
property, and no remedy for the eafcrce-
ment of any right pertaining to it. Suppose
the negro TO be sold into slavery, and iha!
at the time of the sale his property is worth
/ $l0000P By the fifth section Of this act
the purchaser acquires the same right 10
control over the negro as though he had
never been free-whlch includes The ae-
ton and time of the negro bought by him.
What opportunity would the negro have to
dispose OF or control and manage the $l0,.
600 worth Of property; and what benefit
would he derive from such disposal when
made? Or, how could he, being slave,
r., do