The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-11-09


Here Mr.. Douglas was interrupted Ly per.
son present who cnlle-l hs attention To the hast
clause Of the seventh Section of the bill is follows
and asked him what construction he put upon il
if it did not suspend the writ of Habcas Corpus
And the certificates in this and the first see
ton mentioned shall he conclusive Of the right of
the persons IN whose favor granted 20 remove such
fusiieve to the State ur Territory from whirh he
escaped, and shall prtccR Ill mulestation of snid
person or persons 10y any process issued by any
court Judge, magistrate, or any person whom
sover."
Mr. Douglas in reply expressed bis thanks To
the gent ntlcman who propoundcl the inquiry His
object was to meet every point and ronuye every
doubt that could possibly Lc raised, and he eS-
pressed the hope that every gentleman present
would exercise the privilege Of asking him Gucs.
tions upon any point upon which he was not en-.
tircly satisfied. lie then proceeded to answer the
question propoGnded inregard to the sixth section
That section provides for the arrest Of the fugitive
and n trial before the Commissioner, and if til.
facts ofservitude, ownership and escape, be ,s-
tabllshed ly competent testimony, the Conn,-
sonrr shall grant acer.ifcac to that effect, vhcl!
ccriti' ate shall be conclusive of the person in
whose favor il IS ;ssued To remove the fugitive TO
the State from which lie fed. Then comes the
Corpus: And shall prevent all molc.taiiUn
OF said person or persons by any process issued
by any court, Judge, magistrate, or other per.
son whomsoever.' The question is asked
whether the writ Of Habeas Corpus is not "pro.
cess within the meaning of this law. | answer
that 1t undoubtedly is such a "process,' and that
1t may be issued by any court or Judge having
competent authority not for the purpose If mo
testing a claimant having servant in his pos
session n'W S'th ~ c'Tifcdte from the United
states COMMISSIONER but for the purpose Of ascct-
tanning Tie iirt whether he has such certificate
or h"'; ana So whether 1t be IN dug lrm OF
"w am II not 10y What authority he holds the
servant III cust"dy.-Uprn the return of the writ
oil Habeas Corpus the claimant Will he required
! TO exhibit TO the Judge he authority for conveying
that servant back, ahd ifhe produces a certificate
! rom the u y Commissioner IN due form of law,
the court wall decide that 1t has no power 10 mc-
est the Claimant IN the exercise Of lis rights un
der the law But 1.-THE claimant Is unable to pro
dnce such certificate, or produce such a certiti-
cate, or produce one which Is not in conformity
win law, The court VIII set the servant at liberty
Tor the very reason that the law has not been
complied ~!th. The sole object Of The writ Of the
wf'l OF tho Wit OF Hahea. Corpus IS to ascertain
by what anthortya personis held in custoiy-to
s.; s',' II Nv su'', "u'.ioI'y ee s''oT', anu 70
ezra" from any ho'ss'a,oh &c OF me Claimant II
''s"' ar'.o'i'! ~ oe ifouH,ed. me iiacras corpus
,eIei''e 10 carry '"e iHsi!Fe law
NV" 'Ie,', anu u, the same ,li"e 10 prevent VI
"'''on " "r ''ems "i lreeuohi uhdef H. ~ Is
se"' 20 'ne security oi 'he Giailant ~ wei as
ue P'''e'''n u. ''c i'S"'s "i '.losc !L'tle 10 he
I,',S'eo ~ "h"e' II" ihe reason tiat 'he writ OF
ii""e's No P',' was NOT hie''"ned Ia 'Ie bI'i was
"'' s'-l't"'e" VI, thc enc hahn, nor expressly
P"A'neu ~, Oh tue ",her' must oe olYI'us. Ihe
/ ''Jlr' y, W, nc" IL" seems !" nave oeeh 10
'"'eh' ",e "'N one III 'h'ss particulars where cS-
l'''e"'e mao proven amendments 10 De necessary
s"J II, "ii r'net respects 10 iea'e Pfee'ey as II
"sn s'o"I '"r ''iy,>e''h years Inc pFo'isl'rs
'' "'e o'u." Ia" nee' submitted 10 The test OF
m"s ,Apel'iulr' ana SUBJECTED 10 'he scrutiny 81
',I ia, "'i 'ne Judgment oil HeeoHrt' he Wr't
VI ii"HeIs NorPus was considered To exist ana
WV "'""y .esoT'eG 10 W"en proper case arose
~ "''''"u"s '"e 'a"' 'ntfe was no necessity tor
%'i "I" p'u'.>'"n upon th,s 'u9!ec' oecaust no
DIus E.'neu W change II III 'his respect. hut
WY ."'' eH'a"i u',.a,y emory on u'e part oi me
p'o'.eu ','.u' Vi '"I o"cN man 10 '"fcc .u'h
y, upon tre law S i" depye nm OF
Wv WV VI H"9e"' corpus me iaw "neS not DO
" III ,'f"s Is ever accomplished II must BE-
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