Eastern times., 1850-11-28
JAY MORNING, NOVEMBER %, 1850.

and trial by jury Is untrue, Whatever cOnSt rue
tion you give to the new law. If to be silent
was to repeal, then it was done by the old law.
and not by the amendment or new law as it
is called. If it does not suspend or abolish
either there is no cause for complaint But
maintain that the writ of habeas corpus is ap-
plicable to the case of the arrest ola fugitive
under this law, in the same sense in which the
constitution intended to confer it, and to the
fullest extent for which that writ is ever right
fully issued in any case. In this | am fully
sustained by the opinion of Mr.. Crttenden, the
Attorney General of the United States As
soon as this bill passed the two houses of Con-
gress, an abolition paper raised the alarm that
the habeas corpus had been suspended The
cry was eagerly caught up and transmitted by
lightning upon the wires TO every part of the
Union bv those whose avocation is agitation
The President of the United States. previous
to signing the bill, referred it to the Attorney
General for his opinion upon the point whetheF
any portion of it violated any of the provisions
of the constitution of the United States, and es-
pecialy whether it could possibly be construed
to suspend the writ of hdbeas corpus.
| have the opinion of the Attorney General
before me, i'll which he gives it as his decided
opinion that every part Of the law is entirely
consistent with the constitution. and that 1t does
not suspend the writ of hdbeas corpus. would
commend the entire argument of the Attorney
General to the careful perusal of those who
have doubts upon this subject. Upon the pre-
sentation of this opinion, and with full conf
dence in lis soundness, President Fillmore
signed the bill.
Here Mr.. Douglas was interrupted by a
person present, who called his attention to the
last clause of the sixth section of the bill as
follows, and asked him what construction he
put upon it, if it did not suspend the writ of
hn5eds corpus
O. And the certificates in this and the first
right of the person or persons in whose favor
granted to remove such fugitive TO the State or
Territory from which he escaped, a1d shall
P'fUcm all molestation of said person or per-
sons by any process issued BY any court, Judge,
magistrate, or other person whomsoever."
Mr.. Douglass, in reply, expressed his
thanks 10 the gentleman who propounded the
inquiry. His object was to meet every point,
and remove every doubt that could possibly be
raised, and he expressed the hope that every
gentleman present would exercise the privi-
lege OF asking him questions upon any point
upon which he was not entirely satisfied He
then proceeded TO answer the question pro-
pounded in regard to the sixth section. That
section provides for the arrest of a fugitive and
trial before the commissioner, and if the
facts of servitude, ownership, and escape be
established by competent testimony, the COM
missioner shall grant acertifcate to that effect,
which certificate shall be conclusive of the
right of the person in whose favor it is issued
10 remove tie fugitive To the State from which
he fled. Then comes the clause which is sup
posed TO suspend the habeaS corpus: "And
shall prevent all moestation of said person or
persons by any process issued by any conrt,
Judge, magistrate, or other person whomsoev-
er." The question is asked whether the writ
of habeas corpus is not ''process" within
the meaning of the law | answer that it un-
doubtedly is such process" and that it may
be issued by any court or Judge, having COM
pe,cnt authority, not for the purpose of Emo
testing" claimant having a servant in his
possession, with such a certificate from the
United States commissioner, but for the pur-
pose OF ascertalnlng the fact whether he has
such certificate or not and if so, whether ii
be IN due form OF law and If not, by what au-
thority he holds the servant in custody. Upon
the return ot the writ of habeas corpus, the
claimant will be required TO exhibit TO the
Judge his authority for conveying that servant
back; ; and if he produces a certificate from the
United States commissioner, in due form of
law, the court VIII decide that it has no power
to modest the claimant in the exercise of hi.
rights under the law. But if the claimant is
unable to produce such certificate, or pro
dnces one which is not in conformity with law
thn t,b,, fart IL,
very reason that the law has not been complied
with. The sole object of the writ of habeas
corpus is TO ascertain by what authority per
son is held in custody-to release him if NJ
such authority be shown, and to refrain from
any ''molestation" of the claimant if legal au
thorlty be produced. The habeas corpus i:
necessary, therefore, to carry the fugitive law
INTO effect, and at the same time TO prevent
violation of the rights of freedom under 1t. l
Is essential TO the security OF the claimant a
well as the protection of the rights of those
liable to be arrested under it. The reason tha
the writ OF habeas corpus was not mentlone;
IN the bill-was not suspended on the ont
hand, nor expressly provided for on the othe
must be obvious. The object of the new
law seems to have been to amend the old one
in those particulars where experience hat
proven amendments to be necessary, and In al
other respects to leave it precisely as it ha
stood for ffty-seven years. The provisions o
| the old law had been submitted 10 the test o
! long experience, and subjected to the scrutin
of the bar and the Judgment of the courts
! The writ of habeas corpus was consdere
10 exist, and was always resorted TO whe
proper case arose. In amending the law
there was no necessity for any new provisio
upon this subject, because nobody desired t
change it in this respect. But why this extra
ordinary effort on the part of the professe
friends of the black man to force such cor
structon upon the law as 10 deprive him {
the writ of habeas corpusl The law does nc
do so in terms. If it is ever accomplished,
must be done by construction. One woul
naturally suppose, that if there was any ROOF
for doubt as 10 what is the true construction
those who claim to be the especial and excl
sive friends of the negro would contend for tn;
construction which is most favorable to libert,
Justice and humanity. But not so drectl
the reverse is the fact They exhaust thei
learning and exert all their ingenuity and ski
to deprive the negro of all rights under til
law; and all this is done for the purpose
making the law odious, and of exciting preir
dice and odium against all who voted for it, {
were unavoidably absent when it was passet
Now, word or two in regard to the rigf
of trial by jury. The city council in the
resolutions, say that this law abolishes Il
right. | have already shown you that Il
council are mistaken-that the law is silel
upon the subject, and stands now precisel
as it has stood for half a century If there
any error in the law as it now stands upon TIL
point, the error was committed by our fathe
in 1898. The new act neither takes away nj
| ,o,c,r, ,bo r;rbt of trial hy iurv II leav,