The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1850-11-06
To CHARLES GIBBONS. Esq.
THE FUGITIVE SLAVE BILL.

I THE FUGITIVE SLAVE BILL.
II There seems TO be great Misrepresentation
in regard 10 the recent Fugitive Slave Bill
I passed 0y Congress at its last session, and i
is 10 be feared that this misapprehension may
: lead to difficulty. have therefore thought
proper, rs far as necessary, for the relief of
those who labnI under n miscVnceptiOn O
It's character, 10 attempt its brief explana-
ton. 1t is lhe.Iaw, and therefore il is to be
submitted TO; in other words il is not to be
resisted; bul still, at least, il may be discus
sed. in order, if Objectionable in any Of its
features, II may he changed by future Iegis.
laion. The bill itself, is in some respects
clumsiIy drawn, and in one Of is m1teriaI
! features is rather equivocal, or nj any rate,
so dsficien in precision, MS to lead Us TO in
fer that those by whom it was prepared were
not very familiar with the techuicalies OF
legal science. # is useless however, in or
der TO the accomplishment Of my object, III
do more than simply consider the law as il
stands.
The sixth section is the important section,
and its provisions are substantially these:
ls;. That The party claimed shall have
been held to service OF labor in another Stale.
aud shall have escaped.
I'd. That the person 10 whom such ser
vice may be due, or his CT her agent, or at.
,orney, duly authorized in wiring, (which
writing shall be acknowledged and certified
under the seal of some legal officer or Court,
| The State in which the same may be execn.
ted. )may reclaim such fugitive. by procuring
a warrent from some one oI the Court judy
es or Commissioners of The proper circuit,
district or county, for the apprehensions Of
such fugitive, OF by seZng or arresling such
fugitive, where il may be done without pro,
cess, or cansng him TO be taken before such
Judge, Court, or Commissioner.
Such is the clause that regulates the mode
Of arrest, and the tribunal before which the
tugllives is to be brought. The next clause
prescrbes The duty of the Court, Judge or
Commissioner, before whom The fugitives
has been brought
Now wha, is that duly7 Ttis TO hear and
determine the case of the clament IN a sum
mary manner; buI the section proceeds fur
ther, and states upon what basis this sum
mary determination is TO be founded. II is
upon satisfactory proofs being made by de-
positions or afndavit in writing, TO be taken
and certified by the Judge--or by other sat.
isfactory testimony duly taken and certified
by some ccnrt, magistrate. justice of the
peace, or other legal officer, authorized to
administer an oath, or take dispositions under
"a ho nf Ita
such fugitive may have escaped, and to this
is appended certificate of such magistracv
or authority, with the seal Of The proper cour
or officer thereto attached, which seal shall
esIall sh the competency of the proof
Now all this, as will be perceived, relates
to The mode OF arrest and The proof Of slavery
Or sew ce. Then comes another limb of the
section regarding he identity of the person
claimed, which is 10 be proved by affidavit.
In tho next place, it is TO be proved thai
the person so claimed owes service 10 the
The person claiming hun, aud lastly, that the
fugitive escaped,
Upon a compliance with all these reqns-
ties, the Judge isto deliver 10 the caiment
"a cetiicate setting forth the substantial facts
as to tile service and labor due from such
Ifug tive, and as to his escape, from which
he was arrested Then comes the provis-
ion "that in no trial or hearing under this
net shall the testimony Of such fugitive be
admitted on evidence;" aud the section com
cludes with providing that the certificates n
this and the first sectun mentioned, shall
be conv uIsive nf the rights Of The person in
whose favor granted 10 remove such fugi
tive.
Strange as It may appear no certificate al
all is mentioned ia tile litst section; but let
that pass; the certificate given is the final
certificate offer hearlng, and that certificate,
at all events, so far AZ il emanaies from the
Court or Judge. cannot be affected by a
habcas corpus, for us Mr. CRITrENDEN we'll
says; "The judgment Of the tribunal having
exclusive jurisdiction, is conclusive, upon all
Tribunals, aud therefore If it is shown upon
The application Of the fugitive for a habeas
corpus il prevents The wrt, or IL shown upon
the rctuIn il discharges the writ" But there
s stilIa state OF facts in which the habess
corpus may take effect, and that is, when the
alleged fugitive had been arrested and held
ia custody, or about being removed, without
being carried beiufe Court, Judge or Com
missioner. IN such a case The writ would
certainly be operative, and would certainly
oe issued, aud place the claimant under The
necessity Of clearly establishing. under the
law as il exists, his right 10 the service:
claimed. do not understand the habea,
corpus TO be suspended; on The contrary, d,
understand Il 10 he III full vigor in regard e
all cases under this law.
The question with me. howe YER, is not III,
potentialiiy Of the certificate, but as 90 tn,
character Of testimony that must necessariI,
pFecede The certificate. We are told that ll,l
Judge. determines Ypon satisfactory proof
the competency Of which (not The sufTiciency
s6all be established by The proper seal am
certificate. What is here called proof il 6:
pdrte evidence, taken in another State, o
rather should say, er porie statements; 70
II, Is not even 10 be digni6ed by The title 0
,EeviAencs much less proof II is IN contra
I. isention of every principle Of law that W,
have heea accustomed TO consider sacred. :