Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-11-23
EXTRACTION OF SLAVES.

ed in the Boston Courier, which, with the Boston
Daily Advertiser, has faithfully maintained the duty
of enforcing those acts. Those papers have been
followed by others from the same hand, which we
learn is that of CHARLES p. CURTIS, Esq.,, mem
Der of the bar OF Boston. We think our readers
will be gratfed at the tribute paid by this writer
in the following article to the purity of the trbu
nails Of justice in the South.
AcT ron TIE ExTRADITIoS SLAvEs.-Sundry OBJ
jecons have recently been urged, with much pausibliy,
against this law is stated, among others, that the ap
poinment Of commissioners examine the claims for ug
tive slaves-o accurately, the comforting Of this
thorty on that already existing class Of officers for they
created by acts Of Congress passed in 1912 and sl7s in
consistent with the constitution; that the Of deciding
such claims judicial act and requires the function Of
Judge that judges the Of the United States cannot
lawfully be appointed for less term than during good beha
vor MOI be compensated by fees If this be true there
no occasion for all the zeal that has been exhibited against
the law nor the opprobrous ephe that have been aished
ON the members who voted for it. for nothing future
certain than that if this any other provision Of the act
ders il unconstitutional it viii be declared 10 be the first
time fugitive is brought before Mr. Justice WooDBURr or
Judge SrRAeuE, or before any commissioner
Suppose such happen tomorrow. II il known
that colored custody Of the marshall complaint
that be slave and the examination going before
Of the commissioners The friends Of the supposed (or really
fugitive apply either of the Judges above
named Or fthey prefer Chief Justice SHAw writ Of
babsas corpus upon which the fugitive will be carried before
him for the purpose of nqurng into the Of the
and detention Of the prisoner The marshal will make his
return to this pecep and set forth the fact that be
holds him in custody by virtue of warrant from A. b.,
commissioners Of the United States only appointed by the
circuit court.
The question Immediately presents itself, What authority
has this commissioner issue such warrant By the
horiy conferred him by the act of Congress OF 1850
But is objected, the commissioners required by that act
exercise Judicial power and therefore judges and the
constitution pescrbes that judges who may be called into
existence by Congress "shal hold their offices during good
behavior and SHALL at stated es receive for their services
compensation which shall be diminished during their
in office" As these commissioners do not hold
their Offices by that tenure such compensation
the constitution pescibes, il is clear that if the court
adopts the opinion that y Judges they not const
appointed and their acts will be declared void for
want Of lawful jurisdiction.
What enable ground there for alleging that the commits
siones Judges They are "to hear and detymine-
what That the claimant Of fugitive has established by
competent testimony that he ID entitled to the aid Of the law
returning him to the Slate whence he escaped The
mssoners decision h question is Of consequence
effect in any Interior oceedg, than that Of justice of
the peace who commits prison charge Of theft
other crime. When the fugitive arrives the place from
which he was pyope to have ed he appeal the local
magistrates ard tribunals for redress and the reports of the
trials in slave States abound with decided in favor Of
slaves Mr. CIAr said in the Senate that he had often con-
Quoted of this kind always, with exception
y -l.vf-r A.
of the and jury favor of beryn favor Of the
claimant Of his freedom sase Mr. CLAY referred to the
tribunals of Kentucky, but do ecoect whether he did
or not.
The regard for liberty exhibited BY the Kentucky courts Of
justice confined 10 that Commonwealth is found in
full vgor and energy other slave States if not
in all. do imply that it is wanting in any Of
Them have examined the reports of some Of them with
than those Of Others therefore wish TO con-
fine my statement those best acquainted with. Let
me mention two From the opinion commonly
entertained by the inhabitants Of Northern States respecting
Louisiana they would hardly the example Of her courts
to be held to appreciation, but they deserve it nevertheless
female slave carried Der mistress from Louisiana to
France when the latter reuned she brought
the girl back as she Supposed her former condition of
slavery but the Supreme Cs IA suit brough. by the
girl to establish her freedom, the fact Of slave
being taken by the owner kingdom Of France, any
other country where slavery involuntary servitude not
tolerated. operates the of the slave and produces
immediate emancipation. is the case of Marie Louise
vs.. Marot, Curys Louis. Re "a
What renders this decision more remarkable is that Lord
srowELL Chen Sir William St) decided the other way.
In the case Of slave who ught from the West Indies
to England, and afterwards CARR back by her MASTER that
learned judge decided that she WI rensated in her cond
ton Of slavery This case was ted 10 the Judges of Loui.i
but they dsregarded il. M court of any free State
could have taken liberal views Of the law than those
slaveholdng judges did, In Missouri it the same The
owner of slave carried her Illinois, and there hired her out
for few days, and brought her back Missouri The slave
sued for her freedom and recovered its MISS Rep 27O
In Virginia it is settled that TIE same srctness as to form is
not required IN action for freedom in other cases
randolph Rep l34 Do these facts justify the allegation
that free black would stand no chance before Southern
jury
On the other hand, true that the claimant Of slave
would have chance of succeeding with New England
jury do not 5elere either allegation but do not won
der at the scrupes of the South the determination
Of such question to Northern jurymen.
The Abolitonsts in New England SO active that thew
appear be than they in fact and their
doctrines contradictory to their duties as citizens Of
these United States living under constitution and bound
legally and morally By lis obligations, that do not think
ought feel offended the OF confidence shown by
the South on this subject But in this both parties
error The decisions Of the slave State courts prove
that the free black will be protected and his rights
there and have not the slightest doub. that jury Of Mas
s.chusets men, render verdict according to
a.