Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-07-08
DEMOCRACY AND GENERALIZATION.
The Fugitive Slave Law an Example

Il
the Fugitive Slave Law. We were, yes
| terday considering the summary trial be-
fore commissioners as to the little" of the
| Fugitive -rsaatf
The evidence was as summary as the
proceeding This summary court, judge
| Or commissioner, was to decide the fate of
| his fellow-citizen upon deposition or affi-
davit taken before him, ''or by other salts
factory testimony" taken and subscribed
| by some court, magistrate, justice of the
peace, or other legal officer, authorized to
administer oaths in the State whence the
fugitive escaped, with proof "by affidavit''
of the identity of the fugitive. On this
proof being made, the officer was to award
| to the claimant a certificate authorizing
him to take ''such fugitive back and ''in
no trial or hearing under this act shall the
testimony of such alleged fugitive be ad-
mitted in evidence" and the certificates
shall be conclusive evidence of the right
of the person or persons in whose favor
granted, to remove such fugitive to the
State or Territory from which he escaped,
and shall prevent all mOlestation of such
person or persons, by any process issued
! by any court, judge, magistrate, or other
| persons WhOmSOeyer."
| This is certainly as summary as could be
desired. Arrest by warrant, or by the
claimant himself-trial by petty magis-
trate, without jury-proof by affidavit ''or
other satisfactory evidence" cooked up to
order thousand miles away, and with
out pretense of cross eXamination-the ev-
idence of the claimant admitted, but that
of "such fugitive" excluded-a judgment
as summary as the arrest and trial, ending
! in certificate which is made conclusive
of the fact of slavery, and to cut off all
right of inquiry by hubeds corpus or other
wise, no matter how patent the fraud or
perjury. If ''such fugitiven were horse
instead of man, the claimant would at
least have had to give bond for costs, if
not replevy bond, or an attachment bond,
and then prove his case in due process of
law; but let no man propose such incum-
ORANGES as these, when only the liberty for
life of a man or woman is at stake.
If Philemon had had the benefit of such
a law as this, he would have caught Onesi-
mus long before got where Paul was. But
all the triumphs of Christian civilization
seem to be reserved for our days, and this
law is one of them. But there was no cen
tralization about it, and the constitutional
democrat slept sweetly and dreamed of the
constitution and State rights.
Section seven goes on asgaily and cheer
fully as its predecessors. 1t provides for
fine of thousand dollars, and imprisOn-
ment for six months, for the base aboli-
ZIONIST who should knowingly and willing
ly hinder the arrest, or should rescue, or
attempt to rescue, or should directly, or
indirectly" aid, abet, or assist such fugi-
tive to escape and that he should more
over pay "to the party injured by such il
legal conduct" the sum of one thousand
dollars.
Section eight provides for the fees of the
officers engaged in the holy work of catch
ing and sending back Onesimus; and
sweetly declares that the apostolical COM
missioner shall have ten dollars if he sends
OnesimuS back to his MASTER and only five
if he turns him loose. A Democratic Con-
gress evidently understands a Democratic
official, and realizes that while such Off
cial is led in the narrow path of duty by
considerations of official, constitutional and
scriptural obligations, an extra five dollars
on the right side can do no harm. .
Section nine provides that after the GER
tificate is granted, upon affidavit of the
claimant that he has reason to apprehend
rescue, the officer making the arrest shall
himself retain 'such fugitiven and remove
him to the State whence he fled, and de-
liver him to such claimant there-the eX-
pense to be paid out of the treasury of the
United States. Paul sent back Onesimus,
and offered to pay his master whatever
that primitive cOntraband might have con-
fiscated, but never heard that the apostle
him back, and paid the expenses of the
trip. But Paul did not realize the value
and the exceeding sacredness of slave pro-
perty, and he might learn a good many
things of a modern democrat of the apOs-
tolic stripe, if helived in our day. IA
The tenth and last section of this charm
ing eXamplification of democratic love for
State rights and opposition to centraliza-
ton, provides further summary conven-
fences for the necessities of our democratic
Philemon affidavits "or other satisfactory
testimony were very well in their way;
out under the provisions of the previous
sections they had to be submitted to
court, judge, or a commissioner, and
there might be chance, though a small
one, that some officer, even with the extra
five dollar fee before his eyes, might deem
the evidence unsatisfactory and decide in
favor of "such fugitive.n If this should
happen, the nation were lost. Section ten
fixes the matter. 1t declares that when
any person held to service or labor in any
State, Territory, or in the District of Co
lumbia shall escape therefrom, the party
to whom such service or labor may be due,
his agent or attorney may apply to any
court of record therein, or judge thereof
in vacation, and make satisfactory proof
of such escape, and that the person escap-
ing owed service or labor to such party.
Whereupon the court should cause a
record to be made of the matters so proved,
and also general description of the per-
son so escaping, 'otth such Convenient Ger,
tdipty dS may 6e;;' and an authenticated
transcript of such record being produced
before judge or commissioner in any
other State should be "fHU and conclusive
Evidence of the fact of escape, and that the
service or labor of the person escaping is
due to the party in such record mentioned.
And upon the production by the said
party of other and further evidence, If
necessary, either oral or by affidavit, in
addition to what is contained in the said
record of the identity of the person es-
| Gaping, he or she shall be delivered up to
the claimant tqsf1 .a.Ir esl redI qTaV
Such is summary of the principal pro-
visions of the Infamous fugitive slave law
"a barbarous statute, passed in the inter.
ests of barbarism : an act which disposed
| of human Iihortv nv methods poufrf x,nd