NEW FUGITIVE SLAVE BILL AND NEUTRALS

 

Cortland County Express, Thursday, October 24, 1850.

NEWS OF THE DAY.

New Fugitive Slave Bill.

(From the Utica Democrat.)

   This bill, which was among the last of the measures of compromise, is already producing some sensation among the colored population in the Free States, and it may tend to increase rather than allay the agitation which it was intended to put at rest among the free white men of the Free States. There are now living in the Free States many respectable and industrious colored persons who escaped from slavery many years since, who may under the provisions of this compromise bill, so called, be arrested and taken back to slavery. Whether children of an escaped slave born in Free States can be claimed and taken as property of the owners of their mother is not certain. A child of a slave here cannot be said to have escaped from labor or service within the meaning of the Constitution.

   By the provisions of the bill every person in the U. S. is made legally a slave-catcher, as much as any person who is engaged in that business on the Guinea coast in Africa. An escaped slave is put out of the protection of the law as effectually as ever was a traitor under the reign of James the First. No man can harbor, aid or assist him, in his efforts to gain his freedom, without being liable to a fine of $1,000 and six months imprisonment. It would be quite as much in harmony with the Constitution of the United States for Congress to enact that any person who shall aid an escaped slave to reach Canada, should suffer the penalties of treason as that he should suffer six months' imprisonment and paying a fine of $1,000. Both may possibly be constitutional.

   The bill in question contains ten sections, and was approved by Millard Fillmore, Sept. 18, 1850. To enable our readers to know exactly what this measure of compromise is, we will briefly but accurately state its provisions.

   Section 1 declares that the persons who have been or may be appointed United States Commissioners by the Circuit Court of the United States, shall exercise the powers and discharge the duties conferred by this act.

   Sec. 2 authorizes the Superior Court of each organized territory of the United States, to appoint Commissioners with like powers as Commissioners appointed by the Circuit Courts of the United States.

   Sec. 3 makes it the duty of the Circuit Courts of the United Slates and of the Superior Courts of the territories to enlarge the number of Commissioners with the view to afford reasonable…and to the prompt [implementation] of the duties of this act.

   Sec. 4 confers upon the U. S. Commissioners concurrent jurisdiction with the Judges of the Circuit and District Courts of the U. S., and requires them to grant certificates to claimants of fugitive slaves upon satisfactory proof being made, with authority to take and remove such fugitives to the places from whence they escaped.

   Sec. 5 makes it the duty of all Marshals and their Deputies, to obey and execute all process directed to them under the provisions of this act, and imposes a fine of $1,000 for the use of the claimant on any marshal or deputy, for refusing to take and such process, or for omitting to sue all proper means to execute the same, and makes the marshal and his bail liable for the full value of any slave who shall escape from his custody with or without his consent. And it also authorizes the U. S. Commissioners from time to time, to appoint one or more suitable persons to execute all processes issued by them under this act, and the said Commissioners or persons so appointed by them may summon and call his aid, the bystanders or posse when necessary to insure a faithful observance of the constitution in conformity with the provisions of this act, and "all good citizens are hereby commanded to aid and assist in the prompt execution of this law, whenever their services may be required as aforesaid."

   Sec. 6 enacts that when a person held to service has heretofore or shall hereafter escape, that the person to whom his service is due, or his agent may pursue and reclaim such fugitive, either by procuring a warrant for his arrest, or by seizing and arresting him without process, where it can be done. And by taking such person so arrested before a United States Judge or Commissioners, "whose duty it shall be to hear and determine the case of such claimant in a summary manner, and upon satisfactory proof being made by deposition or affidavit, taken anywhere before the proper officers and duly certified, and with proof also by affidavits of the identity of the person whose service is claimed," and it is made the duty of the Judge or Commissioner to make out and deliver to such claimant or his agent, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and his escape, with authority to such claimant or his agent, to use such reasonable force and restraint, as may be necessary to remove such fugitive. In no hearing under this act shall the testimony of such alleged fugitive be admitted, and the certificate given by such Commissioner shall be conclusive of the right of such claimant to remove such fugitive to the State from which he escaped, and shall prevent all molestation of such person or persons by any Court, Judge, Magistrate, or other person whosoever.

   (The effect of this is that a certificate granted by a U. S. Commissioner suspends the writ of Habeus Corpus, and is conclusive evidence everywhere in the U. S., that the alleged fugitive was a slave and had escaped. So far as this section suspends the writ of Habeus Corpus, it is a clear violation of the Constitution of the United States.)

   Sec. 7 enacts that any person who shall knowingly and willingly obstruct, hinder, or prevent, any claimant or his agent from arresting a fugitive either with or without process, or shall rescue or attempt to rescue such fugitive from the custody of such claimant or his agent, or shall aid, abet or assist, directly or indirectly, such fugitive from such claimant, or shall harbor or conceal such fugitive after notice or knowledge of the fact that such person was a fugitive, shall be subject to a fine not exceeding $1,000 and imprisonment not exceeding six months, and shall also pay by way of civil damages $1,000 to such party injured by such illegal conduct.

   Sec. 8 fixes the fees of Marshals and Deputies, Clerks and Commissioners, for services under the act and gives a Commissioner $10 when he gives a certificate that the person claimed is a fugitive and $5 when he decides that the proof does not warrant giving such certificate.

   Sec. 9 enacts that if the claimant or his agent makes an affidavit, that he has reason to apprehend that such fugitive will be rescued by force before he can be taken back, that it shall be the duty of the officer making the arrest to retain such fugitive in his custody and to remove him to the State whence he fled, and to employ so many persons as may be necessary to overcome such force. The said officer and his assistants to be allowed the same compensation as for transporting criminals, to be paid out of the Treasury of the United States.

   Sec. 10 declares that when any person held to service escapes, the person to whom the service is due may apply to any Court of Record or a Judge thereof, and make satisfactory proof of such escape, whereupon the Court shall make a record of the matters so proved, and also a general description of the person so escaping, and that a transcript of such record shall be full and conclusive evidence in the State to which the person escaping shall flee, of the fact of such escape and that the service is…to the party mentioned in such record and no presentation of evidence either…or by affidavit of the identity of the person escaping…delivered up the claimant…have escaped and so identified, back to the State from which it is alleged he has escaped from service or labor.

   If any person whom the Circuit Court of the United States may choose to appoint a Commissioner, certifies that it is satisfactorily proved to him by affidavit or otherwise, that any person white or black, is a fugitive from service or labor, then the person so certified to be a fugitive, is to be taken to be a slave in fact, and is to be carried wherever his claimant chooses. No appeal or trial by jury is given. No writ of Habeas Corpus can, according to this law, aid him or restore him to liberty if unjustly certified to be a fugitive slave.

 

EDITORIALS.

Neutrals.

   A small sheet published at Havanna, Chemung co., calls the Neutral Press "a lifeless class of papers."

   We suppose the Havanna [Havana] editor would call all newspapers that were not attached to some political party, "Neutral." But we do not understand it. If he means that that class of papers that are independent are lifeless papers, we pity his ignorance, or in other words, we pity him because by being so long accustomed to political bickering and strifes, he cannot discern any life in a paper that has not this feature. We do not wonder that a man who has always read political papers has no taste for the refined and honorable matter generally found in an independent sheet. It is a fact, that a large portion of the readers of newspaper have no taste for pure, chaste, and sublime reading matter, such reading as is calculated to refine the mind, elevate the moral character, and give them exalted views of their fellow men, is to them lifeless, and devoid of interest. And why is this so? Simply because the tone of the political press has been such as to create and mature such a taste. Like begets like in reading, as well as in other matters.

   But a depraved taste is not the only evil that is apparent from this kind of reading. A man's actions generally correspond with his taste. And that man that can see no life or beauty in reading matter that is not highly tinged with strife and discord, cannot see any life in every day actions unless they are highly wrought with the same spirit. Such a man enjoys himself much better in an exciting scene like a warmly contested election, where every man seems to be at swords point with his fellow than he would in a refined and lovely circle of friends, where all is harmony and peace. The face of society shows plainly the course [cause] and effect of the press in past years. Excitement, and strife, and selfishness is the order of the day. Nothing can be done with calmness, and that man that would succeed in a project, understands well that his first step and his only hope is, to create an excitement in his favor, and if he fails in this, he knows that his case is hopeless.

   The political world is governed by excitement. Nothing is done calmly and dispassionately, and with a view to the good of the whole, but party principles and party policy must be carried out, however much others may suffer by this selfish principle.

   Our present position is the legitimate result of the doctrine taught by the political press "might is right," "To the victor belongs the spoils," and kindred sentiments emphatically teaching that a man has a right to all he can get, no matter how he gets it, most clearly; that to be manly he must be selfish, and to succeed in the world, he must be entirely unmindful of the wants and wishes of those around him. It is not to be wondered at, that men brought up under such principles should act them out, and when they are acted out, it is not to be wondered at, that they do not result in good to the whole but only tend to answer selfish ends, and create discord and disunion in society.

   These principles have been fully carried out in the "Fugitive Slave Bill." Selfishness prompted the South to call for such a bill—the doughfaces at the North who voted for the bill were fearful of their popularity with the South, and those worse than doughfaces, who dodged the question entirely by leaving their post at this critical moment, were afraid of their own popularity at home, lest the opposite party should make political capital of their acts hereafter.

   If we would have business done up right by the servants of the people, the press must not bring them up to contend for that which will benefit the party, and make all other objects but secondary objects.

   If principles like the above constitute the life of a paper, better be without life. But it is not to be wondered at, that a man bound up in party, his whole soul intent upon party strife and party spoils, can see no life in the high and noble position that the majority of the independent papers take. It is not to be wondered at that the sublime and holy doctrine, that we are all Brethren, that our interests are all connected, and should be looked after by each other, has no life or beauty to him. Such a man can see but a small distance. He is not prepared to take a comprehensive view of things, his limits have always been circumscribed, and it will require some effort on his part to train his mind to comprehend at a glance the life and beauty of the sublime.

   Why do ladies always prefer the (neutral) independent paper? Simply because their minds have not become contaminated with the filth and froth of the political journal. Why do the young regard with favor the (neutral) independent sheets of the day, but for the same reason?

   Well, go on if you must with your impure political teaching, and look with a dead eye upon all the papers that are not political, that do not teach distrust, discord and contention, and separating friends. But the high and noble position that the truly independent press has taken, will live, when party and party principles and those who advocate them, shall have passed away and have been forgotten.

 

   ◘ We call the attention of our readers to an article from the Utica Democrat, which is the substance of the Fugitive Slave Bill, and which we think demands the careful perusal and consideration of every northern freeman. We hope that every man will be prepared, so soon as Congress shall assemble to adopt measures to wipe this foul stain from the records of our nation; although the stain can never be erased from the character of those who voted for the bill, or who was so cowardly as to dodge the question.