The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-10-29
PETITION FOR PEACE.
Opinion Of Mr.. Crittenden.

yonr note of this date, informing me that the
bill commonly called the Fugitive Slave
Bill, having passed both Houses of Congress,
had been submitted to you for your consid-
Grafton, approval, and signature, and re-
questing my opinion whether the Sirh Sec
ton of that act, and especially the last clause
of that section, conflicts with the provision
of the constitution, which declares that 1.-THE
privilege of the writ Of habeas corpus shall
not be suspended, unless when, in cases Of
rebellion or Invasion, die public safety may
require it."
1t IS my clear conviction that there is
nothing in the last clause, nor in any part of
the sirM section, nor indeed in any part Of
the provisions of the act, which suspends, or
was intended TO suspend, the privilege Of
the writ of habeas corpus or is in any man
ner in conflict with the constitution.
The constitution, in the second section of
the fourth article, declares that "no person
held TO service or labor in one State, under
the laws thereof, escaping into another shall,
in consequence of any law or regulation
therein, be discharged from such service or
labor but SHALL be delivered up on claim
of the party to whom such service or labor
may be due
1t is well known and admitted, historically
and iudcally, that this clause of the con-
stitution was made for the purpose Of secur-
| ing to the citizens Of slavehoding States the
complete ownership in their Slaves, rs prop
erty in any and every State or Territory Of
the Union into which they might escape
| (f'rigg VS.. Commonwealth of Pennsylvania,
is Peters, $500 1t devolved on the Gener-
al Government as a solemn day, 10 make
that security cfectua. Their power was
not only clear and full, but, according TO the
opinion Of the court in the above cited case,
il was exclusive the States sevcrally, being
under no obligation and having no power
to make laws or regulations in respect to the
delivery of fugitives. Thus the whole pow
err, and with it the whole duiy, of carrying
into effect this important provision OF the
constitution was with Congress; and accor-
dinghy, soon alter the adoption of the
constitution, the act Of the 10Th February,
1893. was passed; and that proving unsatis-
factory and inefficient, by reason, (among
other causes) Of some miner errors in its de-
tails, Congress are now attempting by this
bill to discharge constitutional obligation,
by securing more cficciualy the delivery OF
fugitive slaves 10 their owners. The sixth
and most material subject in substance de-
clates that the claimant Of the fugitive slave
may arrest and carry him before any one oil
,ho oCI;ccrs named and described in The bill,
and provides that these officers and each OF
them shall have judicial power and jurs-
d;ct;on IN hear. examine and decide the
case in A summary manner; that if upon
such hearing the claimant, by the requisite
nroot shall establish his claim TO the satisfac
ton of the tribunal constituted, the said
tribunal shall give him certificate, stating
therein the substantial facts of the case, au-
thorzing him with such reasonable force as
may be necessary, TO take and carry said flu
gitivc back to the State or Territory whence
no or she may have escaped. and then il
conclusion proceeds as follows The Ger
tiGcates in this and the first section men
toned shall be conclusive of the right of tho
person or persons, in whose favor granted
to remove such fugitive TO the State or Ter
ritory from which he escaped, and shal
prevent all mo'esiation of such person o
persons by any process issued by any court
judge, magistrate, or other persons whom
soeyer."
There is nothing IN all tins that docs no
seem 10 me 10 be consistent with thecon
sltution, ana necessary inueen, 10 reueer
the pledge which 1t cont4ins-'hat suen III
gitiYes shall DC deh'eied up on claim
their owners
! me supreme Cout' Oh inc Shl'e'' 7'a'c
/ has deciueu 'hat inc owner, ihueFenue,. :
any a.d from state or hauohal ies's'a'ioi
may, IN virtue oil the constitution anu III
own right oil properly, seize anu recap'ur
his iugi'ive save, IN whatsoever S'"le u
may ind HIM anu carry nm PACK 10 IN
State or territory from whicn lie escaped
(PrGg vs. COmmonpedim OF feN"Sy'rdn''
IL iet' o3s'l Inns o'Ii, therefore CONFER
no tlght on the owner oil toe 'usiuIe save
1t only gives HIM an appointed ana peace
bic remedy IN place OF the more expose
and insecure, but not less lawiul moue
81 self-redross. And as TO The iugitive, he hi
y no cause to complain OF TINS bill 1t ADDS
e coercion to that which his owner hlmse
oi might, at his own will, rehllully exercise
rs and all the proceedings which It ihslitut
y are but 80 much of orderly Judicial author
J. i interposed between him ana his own'
= and consequently of pfa'ecuon 10 h'n' al al
1t mitigation Of his personal authority ~
y is the constitutional and legal view OF q
ID subject, as sanctioned by the decisions
p the Supreme Court and to that limit m
rs self
in The act of the 18th of February, lis
a before alluded TO, so far as it respects al
ly constitutional question that can arise out
IS this bill, is identical with it. 1t auhori2
ry the like arrest Of the fugitive slave, the Ii
We trial, the like Judgment, the like certifica
wv with the like authority to the owner, by V
at tue of that certificate as his warrant, 10
"a move him TO the State or Territory frC
IT. which he escaped. And the constitutions
Of ty of that act, in all those particulars,
in been affirmed by the adjudicalions Of Sli
m. tribunals and Nv ibe courts of the Init