The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-27

u, III,
Senate Will not rensate the word magistrates" which
stricken out on the motion Of The senator from Ohio
should hope also, that the Senate would 20 still further
The striking cut OF the word gsales" alone does
not satisfy me IA regard 10 the bill hnk, sir, Is not
competent Tor Congress 10 confer these powers either
upon the magistrates OF a State or upon commissioners
who are TO he appointed BY The courts nor upon any
iuncoranes whatever except the couts aud Judges
appointed pursuant 10 the constitution, with the judicial
tenure OF office prescribed by the constitution.
Sir the duties which 10 be performed by these
magistrates or commissioners, under this biil lhe
exercise Of the judicial power OF this government. The
Supreme Court Of the United States, in he which mas
been often alluded TO- have decided thai the duly of
securing the surrender of iugves from labor is duty
that peri ains exclusively 10 The government Of he United
Saes and which the Judges and magistrates of the Stale
governments are under no obi gaon TO perform. do
not understand, SIR, that the Supreme Court of the
United States have decided in that any other that
competent Tor Congress 10 confer any portion Of ihe
ludciai power OF this government upon any officer not
appointed as Judge pursuant to the provisions ot The
constitution What sir is the character oil the services
to be performed by these magistrates Or commlsso
II is service 10 be performed upon application made
By person for the recovery OF fugitive nom his
service under the laws OF another State where he
is held 10 be slave This bill proposes to
thorZe magistrate, commissioner to be appointed
by court. TO his bring before the
person thus claimed fugitive from service, and TO de-
eide deulivsy all The questions which are nee, ssary TO
be decided under the constitution, IN order to authorize
his delivery 10 the claimant, to be dealt with according
TO his own pleasure; and this sir, without any rights OF
appeal 10 any other tribunal the State where this udg
ment is pronounced. Now sir, this bill presumes upon
the face OF IT. that there may be in which this power
may be exercised over free well slaves
for 1t contains provision giving to The person thus
rested, and who may claim TO be free man, the right
another ual-no IN the State where he resides where
he is arrested, but in the State to which he may be
carried by ham who claims him his slave, and where
all he presumptions will be in accordance with the claim
OF the master and against his claim 10 freedom. We
then, by The provisions OF this law TO confer iurs-
dictlon which, from the face OF the bill Itself il must be
presumed We contemplate may by possibility he
clsed III a free State over a person who is really and
truly Tree and be Senate have refused to accord
the person whose rights shall have been thus deter
mined the privilege OF the writ OF hGbeas corpus excep,
under circumstances IN which lie is held 10 be pre-
ciu.!ed by the Judgment and certificate OF the commits
sioner, which is made conclusive against him, from
seng his tile 10 freedom Is apparent that this
high judicial power which is to be exercised under
the authority OF the United States By these magistrates
commissioners But SIR, the constitution OF the United
States declares that 'te judicial power of this govern
mint shall be vested in Supreme Court and in such
interior courts as Congress may from time to time
odaln and establish and that the judges both OF the
supreme ard interior courts shall hold their offices
tuTng good behavior and shall, stated tines receive
lo then servces compensation which shall not be d.
mlnished during their confln uance IN oice." The con
slulion OF the United States competent tTbu
nal Tor the trial Of every right THIS bill provides for
The exercise Of the judicial power OF the government
The Supreme Court in this very case OF Pnsg Us. the
Commonwealth Of Pennsy ivanla, have expressly 20 de-
cded;
Iii plain, Gays Judge Stny,) nasmnch the right
ght OF property capable Of being recognized and aseri.
BY proceedings before court OF justice between parties
adverse to each other, constitutes In the sicest sense
Controversy between the parties arising under the
iou Of he United States, hin rprcss delegation Of
rial porou given by that INSTRUMENT
Congress then, may call that power into activity, but
be exercised My by the courts judges Of The United
qes established and appointed pursuant 10 the constu
Jon The supreme Court have expressly and repeatedly
declared their opinion
That Congress only ordan and esabrh inferior
eoG,.s WITHIN State, and prescribe their jnrsdictop tut
the Judges, appointed administer tbem the
constitutional OF office before they become in
vested with portion o tho luticia power OF the Union
There is exception 10 IBIS rule III the constitution.
This was the decision of the Supreme Court in the
OF Benner Porer, al the last OF the court
The senator from Georgia, Mr. BERRIEs ] in his
marks which lind reported IN the Union oi this day,
though had not the pleasure OF hearing him myself,
treats this as the exercise OF portion OF the Judicial
power OF this government lie says:
Aud now by the provision of the bin which s reported
by The senator from Virginia, not psopo,ed that these
constitutional powers shall be exeTed The legislative
power eKeed Ia the enactment Of the Law The judicial
power by Judicial officers designses TO mterDret
ard the ercus power through the medium OF the ucef
who carry lGto effect the Judgment which sbalI be
pronounced By The eomgs.ione magistrate, Of judge to
whom hls question Is referred
BY hts bl al these powers called Into exercise
What, them must be the character of those officers
Are al liberty TO trust this portion OF the judicial
power Of the United States TO tie magistrates OF State
who clothed, perhaps, as IN the State OF California,
and probably in many others, with executive jurSdc
lion amount OF only dollars, IN questions Of
property between the citizens o The Slate Are we
10 intrust these magistrates with the power OF decd-
|
menous that which s necessarily involved ~ case
OF demand, fugitive from service, OF one who
claims 10 be free man Are we 10 cothe that magls
ae. under the constitution and laws OF the Uned States,
with the power OF seDdlng-lt may be-a citizen OF Con-
neccut 10 the most distant part OF the Union, with has
rights 10 his personal liberty absolutely concluded, until
ne arrives State where every presumption IL 10 be
made against him, and where he has witnesses to
identity him rs a Tree man, or to Prove his title
10 tie exemption which he asks | trust not, sir.
trust that this power will not be vested in any
State magistrate whatever, in any commissioner
o'ber tribunal, except such courts Judges
authorized by the Constitution OF The United States 10
exercise the judicial power conded by that instrument
Mr. UNDERWOOD. Mr.. President, | rise 10 inform
The gentleman before me MIR. BALDWIN, that this bill
does give particle OF power 10 any State magis.
ale or exercise SHADOW olursdicoa over any fgi.
tive that may be arrested IN any Tree State His argu.
is entirely founded upon total misconcepon OF
the whole bill Now, sir, Just wish 10 read that and
! have done:
That the persons who have been, may hereafter be
pointed commissioners, in virtue OF any Con
sess, by the circuit courts ot the United States, and
who, consequence Of such appointment, are authorized
10 the powers that Justice OF tue peace Or
ohe magistrate Of of the United States may exercise
~ fespect ot ndcrs crime offence against the
United StateF by aTesting imprsoning, OF oallng ue
same under aud BY virtue OF the ihy-tbrd section oi the
aci OF the twenty fourth OF September seventeen hundred
ana eighybne entitled An act 20 csabsb tue ludicat
courts o the United Sates shall be and are hereby au
thofzed and required to exercise and discharge all The
powers and dues conferred by the hd section OF tbe act
Congress, approved February twelve, seventeen hun
dred and nney three, entitled " An act respecting fngi-
uRe from justice, and persons escaping from the service
~ ther masters, the Judges and magistrates IN said
hlrd section mentioned
Now, SIR IL my friend will only take the trouble TO look
INTO an act passed in si2 think that he will find that
these commissioners authorized TO exercise the du
s OF arrestDg criminals, according 10 the 33d section of