Page:The History of Slavery and the Slave Trade.djvu/449

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
FUGITIVE LAW.
423

ion, expressed in the debate two years before, that congress could take no steps as to the matter to which the memorial related. Having been requested to present it, he had done so on the general principle that every citizen had a right to petition the legislature, and to apply to any member as the vehicle to convey his petition to the house.

In seconding Steele's motion, Smith, of South Carolina, "admitted, to its full extent, the right of every citizen to petition for redress of grievances, and the duty of the house to consider such petitions. But the paper in question was not of that description. It was a mere rant and rhapsody of a meddling fanatic, interlarded with texts of Scripture, and without any specific prayer. The citizens of the southern states, finding that a paper of this sort had been received by the house, and formally entered on their journals, might justly be alarmed, and led to believe that doctrines were countenanced destructive of their interests. The gentleman who presented it, and who, he observed with regret, had not on this occasion displayed his usual regard for the southern states, had stated its contents to relate only to the slave-trade. Had he stated its real objects, namely, to create disunion among the states, and to excite the most horrible insurrections, the house would undoubtedly have refused its reception. After the proceedings at New York, his constituents had a right to expect that the subject would never be stirred again. These applications were not calculated to meliorate the condition of those who were their objects, and who were at present happy aud contented. On the contrary, by alienating their affections from their masters, and exciting a spirit of restlessness, they tended to make greater severities necessary. He therefore earnestly called upon the house, by agreeing to the present motion, to convince this troublesome enthusiast, and others who might be disposed to communicate their ravings and wild effusions, that they would meet the treatment they justly deserved. As the present application was disrespectful to the house, insulting to the southern members, and a libel on their constituents, it ought no longer to remain on the table, but should be returned to its author with marked disapprobation." That part of the motion relating to the return of the petition was agreed to; the part respecting the erasure of the journal was withdrawn by the mover.

An important act regulating the surrender of fugitives from justice and the restoration of fugitives from service, as provided for in the constitution, was passed in 1793.

Fugitives from justice, on the demand of the executive of the state whence they had fled upon the executive of any state in which they might be found, accompanied with an indictment or affidavit charging crime upon them, were to be delivered up and conveyed back for trial. This part of the act still remains in force.

In case of the escape out of any state or territory of any person held to service or labor under the laws thereof, the person to whom such labor was due, his agent, or attorney, might seize the fugitive and carry him before any United States judge, or before any magistrate of the city, town, or county in which the arrest was made; and such judge or magistrate, on proof to his satisfac-