Address of His Excellency John A. Andrew
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33 Georgia. And the trial may in either case be had in any competent forum within the jurisdiction wliere the person may thus be seized. The Constitution of the United States, while it provides for the surrender of persons charged with crime ^ho have iled from one State into another, nevertheless, when it speaks of fugitives from labor, expressly restricts the authority to surrender, to the instances of those only who were held to service or labor and who did flee. And the right of a person to ...reclaim an alleged fugiti^'e from his service must always be subordinate to the original, prior, mdefeasible right of every freeman to his lib- erty, — to its preservation, to its instant and constant assertion, and to all the defences of it which pertain to the institutions of the Common Law. The proceed- ings under the Fugitive Act of 1850 are not judicial, and they are not adapted to determine the questions of right which arise whenever a free man or the wrong man is innocently seized, or recourse is had to the arbitrary provisions of the Act itself by mere kidnap- pers, for nefarious purposes.
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To quickly assess the difficulty of the text, read a short excerpt:
33 Georgia. And the trial may in either case be had in any competent forum within the jurisdiction wliere the person may thus be seized. The Constitution of the United States, while it provides for the surrender of persons charged with crime ^ho have iled from one State into another, nevertheless, when it speaks of fugitives from labor, expressly restricts the authority to surrender, to the instances of those only who were held to service or labor and who did flee. And the right of a person to ...reclaim an alleged fugiti^'e from his service must always be subordinate to the original, prior, mdefeasible right of every freeman to his lib- erty, — to its preservation, to its instant and constant assertion, and to all the defences of it which pertain to the institutions of the Common Law. The proceed- ings under the Fugitive Act of 1850 are not judicial, and they are not adapted to determine the questions of right which arise whenever a free man or the wrong man is innocently seized, or recourse is had to the arbitrary provisions of the Act itself by mere kidnap- pers, for nefarious purposes.
What to read after Address of His Excellency John A. Andrew?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Governor (1861-1866 : Andrew) to read onlineMoreLess
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