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Mr. Barry And The Jury Trial

Mr. Barry And The Jury Trial image Mr. Barry And The Jury Trial image
Parent Issue
Day
27
Month
October
Year
1841
Copyright
Public Domain
OCR Text

It seems lo bo utterly impossible for the Whig or Democratie editora to conceive how any body of men can expect to suetain pohtically the great principies of liberty ond juetice, without resorting to falsehood, duplicity ar.d iutriguc The State Journal has discovered that our object is to defeat the VVhigs, and elect the loco foco ticket, whib at the samo time the Free Presa is out upon us because wo are "playing adeep game foi the benefit of the Whig party." It representa that our plan is "to commlt the few democratie abolilionistá to throw away their votes by sujiportmg the independent or liberty tickets, wbile the whig abolitionists would cast tJj-?' offragea as usual for the regular nominations of the whig pirty," We say to thu gentlemen of both porties, that their ideas come entirely short of the mark. Wo are not engaged in a ehildish game to be adupled one moment, and dropped tlie next. We shall continuo to pursue the same straight forward course with which we have commeneed our career. We are not dependent on either party, nor do we seck for the alliance of eilher. All our plans are entirely independent of the success of either of tbein, and we expect that tlie principies for which we conteod will be tri- umphant thro-jgh the land, when the Whig and Dvuiocraiic partios shall have ceased to exist.In our pnper of the lSth inst., we published some remarka on the coursc taken by John S. Barry n regard to referring a pc'.ition of N. Povvcre and others relativo to granting a trial by jury of persons claioied as fugitive slavee. We quoted the opinión of that gentleman as expressed by hun in Uie debate on the subject in the Legisla ture, as reponed in the State Journal, and extracled as wc supposed from tho AdvertiAvr. We had not inés seen any other report of the debate. The Free Press of last 'week denies that he inado such statements as were alledged in the report we quoted, and affirms that the following is precisely what Mr Barry did say upon the reference of the petition referred to. We publish it as an act of juetice to Mr. Barr}', as well as for tiie informaüon of our readers, who will be desiroub of knowing the real scntiments ofone who solicits their suftra ges and who may perhaps, be their üovernor for two years to come.Mr. Barry said he was in favor of the reference of the petition to the com minee on í!ie Judiciary because the subject involved a question of cousututional law, oí the most vital nnportance to this Union. Our Southern friends, said Mr. B. contend ihat ao act of the character contemplaled and prayed for in the petition, though il should receive all the sanction of State au(horiiy, would yet be a nullity and wouid have no forcé of law, They affirrn that such an act would directly and palpably contravene the provisions of the constitulion which secures to thom the right of reciaiming theirslave who has fled from seivice. Tlicy compare this right to the right of claiming fugitivos from justice. They say that as in the latter case a trial by jury can not be claimed or given, so by u parity of reasoning, such a trial can not be demanded or gramed in the former case. The questiou o( the guilt or innoeence, of a fugilive from justice can only be tried where the crime is olleriged to have been commitled, so the question of the slavery or ireedom of the person claim ed as a fugitivo from service can only be tried in the place where such labor or service raay be due. The iugitive from jus tice must be given up, without trial by jury, upon proof made thal he is charged with crime; so musí the fugitivo from service be given up aUo without trial byjury upun proof that he 3 in like marmer charged wilh owing such service.They afiirm said Mr. B. that no injustice is likely to result from such a course of proceedings. Tne Iugitive from justice as well as the fu gitive from service on their return, are both entitlcd to a trial by jury. The rights ofonearo as well secured as those of the other. Few or no persons are claimed as slavcs, who are not in reality such: tho' inany are charged with crime who on trial are fouud to be innocent. Such, said Mr. B.aresotne of the views entertained by citizens laf slaveholding States on the sul'jecl embraced in this pitition. He would not then enquire into the correctnessoflhose views - he had rcferred 10 them lor the purpose of showing the pro)riety of the reference he had suggested. The Otates have been weary of legislatiug upon this excjling topic. Ouractjon upon it should be duly guarded by care nnd circumspection. The importance of thesubeci should be well considered. He hoped-es thereforc the peiition would goto the com miiteo on the Judieiary, and he shouM look to that committee for a report that . would enublo the Señale to dotermin the course proper to bc pursued. On this we observe, 1. That the drift of his remarka vasin i opposition to granting a jury trial as pet. tioned for. He volunteers aa an advocate ; of the South, and in pleading her cause h doubtiess advances lus own sentiments. 2. That tho whole force of the reasonine employed by "our Southern friends"throuh the mouth of Mr. Barry depends on the comparison of two articles in the Constitu tion which have not the leaat practical connection wilh each other. The ConstituUon requires the Governor of a State to deliver up a fugitive from justice, when thrce tilinga sball have been previously established totho 8atisfaction of tje Governor, and in no ots er case viz: it must be proved tu him that the persou claimed as a fugitive from justice bas been chorged wilh crime in another State, that he has fled from justice, and that he can probably be found in the State where ho is claimed . This provisión is entirely distinct in its operation from any other. The Constitution also provides tliat persons held to service or labor in one State e caping into another, "shall be delivered up. on cluim of the party to whom Buch service or labor may be due." Before a person ca be lawfullv delivered up as a fugitive froai labor or service, three thinga must beestablishedj viz: that the person claimed was held. to labor or service under the lawa of som State: that he escaped into another Slate. and that he o wes service or labor to the per son who claims him. The constitutioo clpea not provide before whom these thro&points; shall be established: but the law of Gongresof 1793 gives jurisdiclion of the case toanyjudge or jusüce ot the peace, anti authorizes him Lo deliver up the person tlaimed upon proof satisfactory 10 him, if it be no roore than the oaih or naked assertio of the claim ant. Under this law, any colored man, whelher a fugitivo or not, without soeingtba face of the justice, without hearing the testimony again6t him, witlioul any opportunity to procure counsel, or wituesses, or au adjournmenl of court, tnay be hurried out of the State at midnighr, and consigned to hopeless misery. Against such summory and unjust pro ceedings, we protest; and (tiN pavor of the continuence of such we understand Mr. IJarry to ty-g'ie. All that we ask is that these ïhree points to be proved before the alledged fugitivo be givenup,should be proved by the sanie testimony that is allówed ia all courls of law, before a jury of twelve im, partial men. We do not ask any thing con. trary to the Constitution. We do not ask that the fugitivo bö not given up when the three indispensable points have been estab lished: but we do ask, that they be eetabliah ed to thü satisfaction of twelve freemcn, ind that the defendant have the aameoppor Lunitie8 for defending his title to himwlf ivhich he would have if the slaveholder = !iould lay claim to his liorsc or his dog, in3tead of his person. Do we ask any thing mconstituiional or unreasonable'?Mr. Barry furthor says, in carrying out his "parity of reasoning,""The fugitive frotn justice, as well as the fugitive from service, on their return, are bolh enlitled to a trial by jury. The rights of one are as well secured as those of the other." OtThis wb kxpuessly DENY. The fusitivefromjujtice, especially if he is a white man,afterh8 is delivered up and returned to the State from which he fled, rnust be tried by a jury to determine wbether he isguilty of the crime charged or not, and he will be punished or 6et at liberty according to their verdict. Now look at the caso which is clairaed as parallel. We cali npon Mr. Barry and all the Southern friends whoso cause he advocates toshow, if they can,a single instancein any one of the thirteen slave States, in which; provisión is mado by law for granting a jury trial to a fugitive from slavery, in order iodetermine whether the pereon who bas been given up does owe service to the claimant ornot. When r fugifive is taken back io Virginia from Michigan by virtue of a warrant from a justice here, hè is not eotitled, '.o a jury trial after he is taken back to determine whether or not he is a slave. He is made a slave immediately, and put under the lash without any trial at all. The assertion, then, that fugitives from slavery and from justice are both entitled on their re turn tü a jury trial, is false. It is true that the elave may sue for his liberty through the Supreme Court, at the expense of five hnnred or one thosand dollars, if his master will let hitn, and friends can be found to pay the expense. But this case is foreign to the one in question, Be it romembered tbat he was brought back from a free State aüd reduced to slavery immediately on his rotura without any trial at all. 3. Mr. Barry says, that "few or no pergons are claimed as ölaves who are not in reality such." This may well be doubted. There ia reason to believe that many at tempts have been made to kidnap free persons under pretencu that they are 6laves,and .often with euccess, But suppose they have