The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-02-20


Errors Cor rected by a Republican N
Judge.
} The following article on the Fugitive Slave
Law, Is from the pen of q distinguished ohiC
Republican, Judge R. @. HuaD, Of Mt. Vernon
Ohio. Some silly Republicans here in Harri
son county, who think that under the Fugitive
Slave Law free citizen Of Ohio may be run of
into slavery, would do well to read and po ndeI
the honest sentiments Of learned Judge o.
their own party.
We copy from the Mt. Vernon Rpablioa,s, the
republican organ of KncS county:
MT. vERsoS, o., Jan. Is, 1861.
i II. NJ. RAMSEY, Ell. M. Fernon Republican:
DEAR Sm: Prior to the Union meeting in
this place, on the 29th ult., you requested me
in your paper, to give my opinion at that meet
ing, on the question whether, if certain we'll
known free white citizens Of Ohio should be
claimed as fugitive slaves, and be arrested as
such, they could not 'be taken to Florida or
Mississippi to be tried there as slaves by the f-
gitive slave law, and without any privilege OF
proving here by their neighbors that they were
free." Supposing that you entertained the O.
pinon that no person arrested as fugitive un-
der that law, could make any defence ,chatever,
I availed myself of the opportunity to point out
what conceived to be some msapprebeusions
of the provisions OF the law, and, in respect to
the above inquiry, depressed the opinion that
in all cases ofarrest, the person arrested, wheth-
er white or black, was entitled to adduce evi
dence before the Judge or Commissioner that
he was not the person who was alleged to owe
service to the claimant, and that accordingly,
the citizens referred to, without resisting the
fawful execution of the fugitive slave law, could
easily avoid being taken to Florida or Missis.
sippi. ..-
observe from your paper Of the 18th inst,
that you seem to think / am mistaken in this
opinioR, and that you are not disposed to give
the law SO favorable construction for the fti
gitive as have done. as still think the law
has been misunderstood on this point and as
infer, from the pains you have taken to procure
information on the subject, that you are more
ANXIOUS to ascertain the true import OF the law
than to yindicate an erroneous opinion you
may have enormously formed, invite your at
tention to the following considerations:
A fugitive slave may be arrested with or with
out process, but in either case he must be taken
| by the claimant forthwith before some court,
judge, or commissioner Of the United States,
whose duty it then becomes ITO hear and de-
termne the case OF such claimant in summa.
ry manner" 1t IS further provided in the 9th
Section that upon satisfactory proof being
made by deposition, &C., OF by other satisfactory
testimony &C., Of the identity of the person
whose service or labor is claimed to be due as
aforesaid, that the person so arrested does in
fact owe service or labor to the person or per-
sons claiming him or her in the state or terri.
tory from which said fugitive may have esca-
ped" the court or officer hearing the case shall
make out and deliver to such claimant his or
her agent or attorney certificate, &c."
Here, then, IS trial Provided for. Certain
4 facts must be estabiiSss e6sbya proof This may
be done by depositions. affidayits or oral testi-
mony, and where the claimant does not produce
record, of which will speak hereafter, ev.
cry fact must be proved to the satisfaction OF
the court or officer hearing the case.
The very nature OF the duty--to act upon
testimony--and the spirit of our judicial sys-
tenn requires, where it is not otherwise express
| ly provided, that both sides should be heard
1t is a mistake to suppose that the proceeding
is ca pafte because it is conducted in a ''sum-
mary manner" The law does not say that on
ly the claimant shalt be heard but that the
hea ring shall be Summary" that is, without
the delays, formalities and technicalities in.
cident to common law actions.
That the court, judge or commissioner, in
acting under the law exercise degree of Judi
cial, and not simply, as you claim, q ministerial
power, is obvious from the natuae Of the duties
devolved upon them. And il is because the
power conferred upon the commissioners which,
in this proceeding they are authorized to exer-
else as amply as the circuit court or judges of
the supreme court, is in its nature judicial, that
the constitutionality of the law has sometimes
been questioned. But this question has been
settled in favor of the validity of the law, il
the decision Of the highest judicial tribunals
can settle any question ia this land of liberty
and law.
Sims case Cusd. 2s5; Es payte Robinson, 6
Mclean 359; Blatch, 635; Priggs US. the Cam
aaonwealM Of Pennsylpania 16 Peters 539; 44bls.
man Us Boith 81 Howrard United States 506
As the law then does not expressly deprive
the fugitive of the right to adduce evidence, it
is singular that they who profess the greatest
sympathy for the fugitive should seek to add by
rigorous constructions of the law against him,
to its restrictions. ! have been taught that
statutes affecting the right of personal liberty
ought to be literally construed and in favor OF
freedom; and cannot consent to deprive fu-
gitive OF any right which, by reasonable con-
struction Of the law, is left to him.
But the law in some cases diminishes the ex-
tent of the proof required at ths trial. By the
10th section the claimant is authorized to make
proof in the State from which the fugitive es-
capped Of two facts, LIST, that the fugitive owed
him service therein, and I'd that he had esca-
ped. This proof "as also general description
of the person so escaping with such convenient
certainty as may be-" is recorded and an authen-
ticated transcript is delivered to the claimant.
On the trial before the court, Judge or commits
soner, the claimant may exhibit this transcript
as evidence, but its effect is declared and limi-
ted by the law. It "shall be held and taken
to be full and conclusive evidence of the fact of
escape, and that tie service or labor OF the
person escaping is due to the party in such re.
cord mentioned" 1t is not made conclusive,
and, in the nature of things it could not be, of
the identity Of the person named in the record
and the one arrested. The record is allowed
some weight as evidence on this point, but it is
not conclusive, for the law further provides
that upon production BY the said party of 9TH
or and further evidence il necessary either oral
or by affidavit in addition to what is contained
in said record, of the identity OF the person es.
Gaping, be or she shall be delivered up to the
claimant
The law then does not forbid tho product,en
Of evidence on this point by the person arres-
ted, and should hold that Judge or comm s.
sioner unworthy of his Office who should refuse
to refuse any competent evidence that should
be offered by him.
ought perhaps, to say word in respect to |
the authorities you cite. ! must confess am
unable TO find anything In any Of them contra.
ry to the opinion have advanced. Commis.
sionrr Newhall does not pretend that 1t IL not