, 1860-03-19

gers to the rights Of free men whicf, It occa.
sious, to make you zee and feel that it is oalv
hJ vfgllant watehtulness and prompt action on
par. 2, .ns ths !. attempted
slavement Of free men can be prevented.
Recur ngain, then. in this view Of the subject,
to the provisions Of this 10th section, and see
what abuses may be perpetra,cd against the
rights ol ifee citizens under this section Of the
Here, for example, is this Phillips, Elaye.
holder from southern Missouri re has been |
for weeks III this city witness in these pros-
eeutlons. What is to prevent him from ob,ain- |
ing accurate descriptions of the coloted men |
whom be meets'u the streets, and upon his re-
turn maxim: up record axlinst any person
upon whom his gaze bus fastened. BE has only |
to step into a Southern Court md hare lis de-
scriptons made matter Of record and swear to
then, and the work is DONE Tie man whom he
has selected is quietly pursuing his customary
avocations, in utter ignorance that in the man
while,1n far OF State, his liberty has been sworn
nway, gone forever from lin, even without no.
tice and without a hearing. The siave-catcher
comes into the State, obtains his process, drugs
his ctim before the Commissioner, produces
his record, and shows, Is Of course it is easy to
do, the identity Of the person arrested with the
one described. But, says the man arrested,
am 40 slave-1 am free mani can proyeit
Will call mf neighbors to estubt,sh it. Hst
the Commissioner has no power 10 look Mt his
proofs. Tha record is conclusive OF the fact Of
slavery. No question but identity slcft to him.
Ii the party arrested has bis free papers in his
pocket,t the Commissioner has no right to regard
them, aud it was so expressly held Ii the Of
Gorhan, ut Detroit;
It may be said that no such case could arise
without perjury and fraud On tic part Of the
claimants. Well. | am lot going to ak you to
admit that men, cduca,ed under the influence OF
slavery, are worse than o,her men, but surely it
will not be claimed that they are better. And
does not our daily experience here in the North,
both in the p!aces Of trade aud the Courts, ,tench
US that fraud and fn1sehood and perjury are of
frequent occurrence. Under the temptation
which cupiaity and the lust Of gain crea.e, men
become Aious 10 the wickedncss Of false swear
ing. Have not custom house oaths become 4
byeTord: And what arc custom house oashs
but unbushing violations Of houcs.y and truth
conmmfted for the sake Of securing the profit
to be derived from defrauding the rcsenue laws
Of the country!
Why, IT MES stated in one Of the public jour
rails not long since. that letter was inund in
tue possesslou Of IL notorious counterfcitor,
from Southern man, con.aiuin. these words,
" Go among the niycee., fiEd out their marks
and scars, send good descriptions Of them, and
| Ill lind owEers." Whether this TO fact OF tic-
tion, know not, but it i easy ~ see that euch
COT spiracc, asaiust the liberties Of men could
easily be car1i d out under this law.
No, gentlemen, it Is not satt, it is not right to
trust the liberties OF men TO tile chances Ut ex-
MARIE evidence. There is no safety, except in
jury trial.
l,ut IL Is said in reply to this objection, that
the person delivered up under this law dues
have u jury trill; that he has such trial ia the
| State from which he cScaned. and to which he
is returned aud an analogy is sought to be u;at!e
b.tween this law and the law providing for the
return of fugitives from public Justice.
This argument j, snccious delusiou. Il Is
a. unsouad in reason as it is false in experience
II can aecelSe 20 ono "ho does not wish to be
deceived himself or desire to deceive others.
| ny uaa caI oe arItsteu as u IutsitfFe tfom
justice, until he has been duly Indicted by
urand jury LOT some offence, recognized as a
| crime accorufns 10 Inc common law OF tue
country. when lie IS arrested, he IS delivered
INTO the bands OF sworn officers Of the law, TO
be taken by item to the court before which the
Indictment Is pending for trial. The arrest and
the trial are parts ot ore proceeding, anu nn~
lsss tr!ed and convicted, tue arrested party Is
| Asaln discharged
In the case ot the person claimed to Ec 4
slave, the Commissioner delivers thererson into
the hands Of tue person claiming hin, as sllye.
lie becomes 4 siasc to all intcnts aad purposes
" tie a. cis'on.. Tee person into whose hauds
! re - delivered, ID under no obligation 10 carry
| LIN DECK to the State from which be escaped,
or to carry him to any ps:ce with view to any
further trial Of tue right to his liberty. The
master may do as be pleases with him; he is
duty Or liability. Lie maj. sell the man As Il
Slave-!e may scourge and iacerate and abuse
hlna. lie Is MS hna'ly, aud forever.
IL II true HAT :a slass he has TO very
limited extent. and under such restrictions and
limitations as make it Of very little practical
value, the ght in some Of tue States to i,lsti-
tutc proceedings to test his right to freedom be-
t"re a jury. But this Is no answer to the OBJ
lection.
1t is the making man a slave ut all without
the verdict of jury upon the TACT Of fir r.e;ou,.
| Of which we complain, Here is u man found in
free State-tte law p,eSuu,es him to be ir.e.
lie is entitled TO the benefit of tia: presulup-
tion until the contrury IS established by I+rul
cvicercc aud in a legal manner. Weak fur
the rights Of freemcn and receive only tls
rights Of Slaves
The parallel between the two cases Of fuei'iycs
Commissioner, insteud Of sending tue fugitive
from ius'ice buck for triAi in The custoslv Of
sworn officers OF the law, were tn commit him
10 the peniteniiary for life; for such seateuca
would mt he mere final aud conclusive iu it.
effect than that which. by cousisuns man to
his claimant under this law, condemns him to
the lifs-lung bondage Of slave.
Nor is there any reusou :or taking the alleged
fugitive a*ay frcm the State where lie is ur-
rested. for Tho purpose OF t:i.l elsewhere 1T
any such trial were within The contemplation or
| of fus,iiyes from Justice In criminal otleucps
the venue Is local. They can be tried only in
the county where they were committed. But
questions Of property are trausitory, and are
trlable as we'll IL one p1uce as in another. And
the qrestinn Of title to a man claimed as d
slave'is pure question Of property. it has
been SO helt from tho earliest ie.ords Of tue
common law, II a man from sla1e State
claims property In ba.c Of cotton found in
this State. he does not transport the proas sty
elsewhere to try the title to it, 1t ia tried here.
before jury, nud the.e is no principle Of tbe
law wl,i:ll justites removal Of the prcpe1.y-
out OF The defendants possession until the title
Of the claimant is established by the Judgment
Of a court'of law,
If this doctrine be true witt, reference to ncr-
sonal property Of every pututc. with how mucb
more force does it appiy 10 casss where The r,.ht
to be tried is that of d ci,:,eo of free Stats tn
his personal liberty. Dr The law OF The free
S.atcs he in presumed IN he free mil tha r,--
tlarv is estahiished. Hy tLe Inv of th., siars
States. if be hare a certain adn,;xture If All.
can blood. he is presumed to be a siarc nn,;l ths
contrary Is established. There ia then a mast
vital distinction between trial hr inrr j., a
slaye St.te feyen if any such WIRE y1ren ,,rso~
this law. which il moi fhe c..e ani tha ,;,ht
nf fr;n1 nv iury in a free stair In tho a 80 -
The law nrsyes bis frseIom md tbs h,.Sas 81
nroof is an The claimant Ia +ha F'at ~ ~
st.ve-r In rIc other he Isw ,,r,ras ~; ;ss ~ y.
he a sfave and the hnrjan ;z o,s In, - uan. -
l;s free,om - W D'''' ~ pfo'e
| Tsit o,lio.. +,o ,,,,3, .t.. c-o. ::
t,ae Sts,a sSo';J ~ .n,,;,iad -. ,e 'i;.si .a IL,
/ At%e ItHses oAeo'u NE eAa'Aea ~ oe 1nl4d4eA