Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1850-11-02

1
when in cases of rebellion or invasion the pub
lie safety may require it, and therefore tbs
suspension of this act There being neither re.
beliion nor inYasion) would be plain and
palpable violation of the constitution. and nc
intention to commit such a violation Of the con-
stitution, Of their duty, and their oaths, ought
to be imputed to them upon mere construc-
tons and implications; and thirdly, because
there is no incompatibility between these pro
visions of the bill and the privilege of the writ
OF habeas corpus in its utmost constitutional
latitude
! Congress. in the case of fugitive slaves, a.
IN all other cases within the scope Of its CON
stitutional authority, has the unquestionable
night to ordain and prescribe, for what causes.
to what extent, and in what manner. persons
may be taken into custody, detained or impris-
oned. Without this power they could not full
I'LL their constitutional trust, nor perform the
ordinary and necessary duties of government.
1t was never heard that the exercise of that
legislative power was any encroachment upon.
or suspension of the privilege of the writ of
ha6eas corpus. tits only By some confusion
of ideas that such a conflict can be supposed
to exist. 1t is not within the province or priv
ilege of this great writ to loose those whom
sSeec
writ granted by the law, in opposition to to the
law-to make one part of the law destructive
of another This writ follows the law. and
obeys the law It is issued upon proper COM
plant, to make inquiry into the causes of COM
mitment or imprisment, and its sole remedial
power and purpose is todeliyer the party from
''all manner of Illegal confinement (S Black.
Com, 131. II, upon application to the court
n
shall appear that the confinement complained
of was taaCful, the writ in the first instance
would be refused, and in the last the party
would be remanded to his former laletsl Gus
tody.
The condition of one incustody as a fugitive
slave, under the law, so far as respects the
writ Of ha6eas corpus. is precisely the same
as that of all other prisoners under the law of
the United States The privilege of that writ
remains alike to all of them, but to be Judged
of-granted or used-discharged or en-
forced by the proper tribunal, according to the
circumstances of each case, and as the COM
mltrnent and detention may appear to be le-
gal or Illegal
The whole effect of the Law may be thus
briefly stated Congress has constituted
tribunal with exclusive jurisdiction, to deter
mine summarily, and without appeal who are
fugitives from service or labor under the sec
ond section of the fourth article of the consti-
tuition, and to whom such service or labor is /
due. The judgment of every tribunal of ex-
elusive jurisdiction, where no appeal lies, is of
necessity conclusive upon eAery other tribunal |
and therefore the judgment ofthe tribunal ere
ated BY this act is conclusive upon all tribu-
nails. Wherever this Judgment is made to ap-
pear, it is conclusive of the right Of the own
er to retain in his custody the fugitive from {
service, and to remove him back to the place /
or State from which he escaped If it is
shown upon application of the fugitive for
writ of ha6eds corpus, it prevents the issuing
Of the writ-if upon the return, it discharges /,
The writ and restores or maintains the custody I
This view of the law of this case is fully sus-
aimed by the decision of the Supreme Court
IF the United States in the case of Tobias
Watkins, where the court refused to discharge,
lpon the ground that be was in custody un-
Ter the sentence of court of competent ju-
and that judgment was conclusive
lpon them. Is Pet 202.1
The expression used in the last clause of
he sixth section, that the certificate therein
alluded to shall prevent all molestation'' of
he persons to whom granted, 'by any process
ssued, DC, probably mean, only what the
lct of 1898 meant, by declaring certificate
lnder that act sufficient warrant for the re-
noval of fugitive, and certainly do not mean
! suspension of the ha6eas corpus. /.
conclude by repeating my conviction, that !
here is nothing in the bill in question which
conflicts with the constitution, or suspends, or
vas intended to suspend, the privilege of the
writ of hd6eas corpus.
have the honor to be. very respectfully. ;
ir, your obedient servant
JJ cRITTENDEN
To THE PRESIDENT.
WHAT A WESTERN IApy SAYS oF Or7EEN =