The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-15

Each entered the family OF States with her faith 50
lemnly pledged TO the other perform her con
tonal oolgssons and 70 respect ~ the constitutional
me CONSTITUTION A COMPACT
Tho ssitut,on Of the United States compact In
the nature Of treaty between the sovereign States Of
ths union by which each state made the
Others for the sake Of the Unon and each bound her
70 do certain acts which Il wss ssreed would promote
the interest Of tho Others and 70 omit TO do certain her
acts which might be 70 the injury Of Oshers Each dele
gated 10 the general under the qualifications
contained in ths constitution q !. the .nisa United
when Rpne entered the compact with Nassa
chusetts, conceded important commercial and other
ts laws laws and Other "sa have Injured
greatly TO the benedt Of Massachusetts In return for
these concessions Massah lses soemny contracted and
agreed with Georsa that she would on her part nons
other things deliv up to Georgia hcr fugitive slaves
escaping and going into Massachusetts, claim OF the
party . whom the service labor may be due No
pretends that Georgia and the other southern
would have entered into tho compact aud formed the
Union had s,huses and the other Northern States
refused 70 give this express guaranty.
Not only the plain language Of the constitution ITSELF
but the coptemporsncous debates sad the early consco
tion put upon the consuton, OF which go have evi
denoe In the fact that Law by Congress
the subject for several years atter the uuon ormed
states was that Nsssachuse,s aud the other Northern
States pledged their faith u Georgia aud tho other
Southern ststes not simply that federal BY
i ocers might arrest fugitive slaves fount In their
limits and devsA Aem up to their owners, but that
the people Of Nashuse.ts and OF each Northern state
by their officers, would themselves "dciiver them up
Just as they bound themselves TO deiver up" fugtives
| from justice.
tuition, applicable TO the two classes Of tugves s
that the criminal fugitive from justice s 10 be de-
up on demand % 81 the Sa authority OF 81 Ds
from abor TO be delivered up on claim OF the party
TO whom sush service II due. The two clauses viii be
Ar@l ns fttnttN nnf
the United States Tue clause in reference 70 fugitves
from justice in these words-"A person charged in
from Justice and be found in another State SHALL on
mand Of the Executive authority OF the STATE from which
nsvips jurisdiction OF he Tne clause relating to
fugitive slaves s as foows-No person held TO service
or labor In one State, under the laws thereof escaping
into another SHALL In consequence OF any law regult
ton therein be discharged from such service or labor bat
shall be delivered up claim Of the party TO whom such
that the Same lar guage shall bo delivered upn s usei
both cases. and the constitution NOT In ehcr
case say that shall be done By Authority OF Congress
dctiou In these cases. and that Law may not be passed
BY Congress providing for the exercise of this by
the officers OF the federal government In case OF STATE
refusing to do IT, snd thereby provo faithss 70 ts con-
sttutoDal obligations Az this may not be consdered
that under ,hese provisions Of the consultation the faith
Of each State mny pledged TO every other State IN
case may arise aud 10 deliver up the rasves Of either
Glars found within her limits, on tho demand or claim
being made - provided Sy the re- " wSs. %
liver up criminal who Is fugitive from justice, on do
mand Of the executive authority Of the State from which
about the legal form Of the demand, and that athess
executive may under shallow pretext or legal tech
essl"iiye au,ho,i,y. has ever ye. deniea the oSss
tion? And what State, not controlled by abolition coun
feh, having no regard for pghted faith, viii for mo-
ment deny It's constitutional obligation 10 deliver up
slave who fugitive from service claim OF The par
| ty 70 whom such service may be due'
TIE COMPACT BRoKES BY THE NORTH
But how se-era OF the States OF this Union kept
their solemn compact with Georgia. An should bc CON
PEELED 70 extend MS message 70 TOO great nft1 were
Vermont, New York, Michigan, and OF other Northern
States upon this question, win NOTICE only tho ley,sa
ton OF Massachusetts one Of class OF States which,
under abolition rule have shown themselves utterly
gardlcss Of their constitutional obligations aud their so
Massnoausets has not only failed to snsc, provid.
ing for delivery OF fugitive slaves to their
but abe has, nssrart violation Of every prncple OF
power In the way OF rendition 10 their owners by tho
officers Of the federal government Of fugitive slaves and
BY statute Of ths, state, approved March a., 1875
commands The judges AID as.ccs Of the peace not %
ccgnzance OF the act OF Congress passed la 1893 for
the delivery Of fugitive slaves T. their masters and not
grant the certificates required In cases that may arise
claims aDy other person as q fugitive slave within her
Jurisdiction This certificate, under The act OF Congress
Of 1893 necessary 10 enable the owner 70 carry back
bis ,sve 70 tho state or Territory which he Hei
and Is by that act mace the d1ty OF tho judge jls
toe 70 ACT IN such ca,e and 70 grant me cctIacs ap
BY statue OF that state, approved March a, 1873,
she commands the nigcs aud astccs OF the peace not
rot 10 take coguzsco of the Al OF Congress- passed In
1893 for the delivery OF fugitive slaves 70 tneir masters
and grant The certificates required. In clss tna
may are urdtr the third section Of thai act any per
son claims ary other person q fogtive slave with
IN her Jurisdiction. Ths certacate under the at Of
Consres OF 1893, necessary 10 enabs the owner 70 car
W back his the state Territory from which
be fsd and By that &C. made the duty Of the ildge
justice to act 10 such case and " grant the Certificate
upon proper proof being made She also enacs that no
faorir dupuiy sheriff. ccroncr constable islor,
other ocer u Tie Commonwealth, shall arrest OF DEAN,
Is or other building bcIonsug 70 the STATE or 70 any
county city N thereof Of any perton Tor the rea
son that he Is claimed as afuruve slave Aud asa 20
Iay s enacted that any Justice OF the pcacs sheriff
cepuiy sheriff, coroner, constable or jiii,r, sao
than onesd against tho provisions Of tas
under tho power cosrsrred by the third seo,loo o.
the act Of Congress aforementioned shall forfeit a
men, no, exceeding year in ihe county jail ms
statute only prohibits all officers OF Massachusetts,
o. csos the ia Of se oosIs Of h, a,o
capturing his fugitive slave found there but denies 10 him
for tho purpose q dsianng be slave Sai he can esry
him away, and also makts u highly penal 10 any officer
Who acts and gyes The ocrthease dreced y The act q
tnectuaiy ruiaes in tha, State, the art Of Congress
paf1 for the protection tf the cons,itu'iona rights o
the people Of Georgia and other southern stats
morF vAss1rHUuIrs LEGISLATION AGAINST Tax SorrH
In 1855 the Legislature Of Massachusetts, Daised, over
the executive Veto mother statute, extending the pro
visions Of the scs o Isl3 the Of Coaess
the Fugitlve Slave law, passed In 1850, and which was
intended 10 nuliiy thai act THIS at sfxtcnds TO the
frgsve the bent ft OF the writ o. hsbcas ,orpus
and on hin application makes II the cuty Of the cout be
fore which the habcss corpus rcturnable % order
ual by jury, which IL Dot allowed By said statute IN
ssy cae except In case o. fugitive slave and
ss, gives the the power 10 asmn him 10 bail. On
the trial The Jury may return general verdict and they
are 10 have ino sams dI crecn that jares the
trial Of criminal II the jury disagree the ssre
nay be Submitted 10 snothv Jury, continued 70 the
i t.rra ne rcre tiouo of
required 10 state In writing, with precision snt cor
tanty the facts upon which he relies; and neither ihe
claiman. OF the fugitive, any interestsd In the
alleged oblgavion 70 service labor the fugitive
himself shall be permitted 10 testify on The trial and no
corfssors admissions declarations Of to fugitive
against himself shs be given In evidence Upon every
question OF fact Involved Ia the issue the burden ,, prof
small be the claimant and the facts 70 be 80
tabshed must be proved by the testimony OF At les
two credible witnesses other legal evidence e1ilvaen
thereto; and ove deposition sdavu shall be re-
ceved IN proof 10 behalf Of the claimant a. might De 10