The republic., 1850-12-06

and, if necessary, to the counsel and parties en-
gagged in that trial. in light in which they proba-
Oily mad not viewed IT; that il of great public
importance that the first hearing under this law
should be so conducted here 10 prevent the dan
gers Oh rescue; and that, in order 10 this, the
ordinary business of the court ought to give way
ior sufficient length Of time enable the Judges
10 receive tins application and to hear the case if
an arrest should be made then stated TO the par
Ties my determination to assemble the commission
ers OF the court and To have an interview with the
Judges, and TO lay before them the public reasons
why this warrant should issue from the circuit court
Mr.. Ihomas assented to this course on my assur-
ance, that if warrant could not be obtained from
the court at or before o'clock the next morning.
would grant it myself.
then proceeded Immediately to get the other
commissioners together, and we (being four in
number, viz MIR. Edward G. Loring, Mr.. b. F.
aalest, Mr.. Mr. Q: L; Woodbury., and myself re-
ton to the presiding judge of our desire to confer
with him, the jury dismissed at an earlier
hour than usual (half past fve,) and every person
present, except one of the marshal's deputies left
the room and the doors closed. We then
stated to Mr.. Justice Woodbury. that warrant
was necessary to be granted, and reasons for
thinking 1t OF the highest public expediency that it
should be granted by the court After hearing our
views, the learned judge said that he had already
conferred privately with the counsel engaged in
the cause on trial, and had far obtained their
Cou6ent 10 enaOle MIN 10 say that he could give
some hours to this hearing. If arrest should be
made and that he would attend at the court house
at half. past eight O'Clock the next morning, to
grant the warrant, out of the circuit court ii we
would obtain the attendance of his associate, the
district judge, at that hour. We did obtain his at
tendance, and the warrant issued out of the
circuit court and under its seal.
An absurd statement has been made, that the
TACT that William Crafts was about to be arrested
became public, or, as it was phrased, 'leaked out
at this interview between the commissioners and
the circuit judge. Not one of the gentlemen pre-
fsgit eseeFa Aid myself knew the name Of the alleged
course of the conversation. ine
My knowledge of the occurrences which took place
after the warrant was issued, is confined chiefly
to the circumstances under which the marshal
took an opinion of counsel to his duties and pow
ers, and the reasons why he didso. A process
placed In the hands OF the marshal, which he to
execute under very heavy responsibilities and in
the execution of which he might be called upon to
break open dwelling houses, and perhaps to take
llfe by quelling resistance, actual threatened.
1t was process of novel character, and there ia
no sound lawyer in this country who will not tell
you that it required delibcration and careful in
quiry, to ascertain what degree of force the mar
sha might lawfully use in its execution. Ifit was to
be considered as civil process, issued in the mere
interest of private individual, the mArshals pow
ers and duties might be in some respects different
from what they would be, if should be considered
as public process, in the execution Of which the
United States had direct interest. Clearly there
fore, 1t was the marshals right and duty to be ad-
vised uponth csc points.
The marshal applied for such advice to my bro
ther, Mr. b. r. Curtis, and stated, in writing, two
questions, relating TO the degree of force which he
might lawfully use in the service Of this process.
Mr. Curtis happened TO be the senior counsel on
one side OF the then on trial in the circuit
court, and could not give immediate personal at
tention to the marshal's application At his re-
guest, however, devoted at once a good deal of
time to the necessary investigation of the subject,
and as soon as he was released from the court
house, and on the same evening, conferred to-
gether about it. la the course of that conference.
my brother suggested that, although the present
warrant had been issued out of the circ ut court
yet as case would bevery likely to arise of war
rant issued by commissioner, and as the marshal
had determined to take opinion, it would be
well that he should be advised on the validity of "a
commissioners warrant, which would open the
question, the consttutionality of the law This
the more important, as great pains had been taken
IN this neighborhood to make people believe thnt
the law was unconstitutional far as 1t gave ju-
lisdictien to the commissioners This suggestion
j communicated to the marshal, and he thereupon
added 10 his former questions to the counsel ques
tion concerning the validity of a conmssioners
warrant.
Mr.. Curtiss opinion was prepared and it was an
elaborate opinion the questions submitted to
him by the marshal, defining his powers and du-
ties IN the execution OF the process which had ac-
fuaLy been issued, and also sustaining the validity
OF commissioners warrant, which might be
placed in his hands for service
At the request Of those who had right to re-
quest IT, the latter part oil Mr.. Curtlss opinion, in
which he discussed the consttutionality of the law
was published; but for obvious reasons, the mar
sha did not see fit TO publisht to the world that part
oi the opinion watch defines his powers, rights and
duties, in the actual execution OF warrant to ar
rest fugitive slave. In consequence of the publ
cation OF part OF the opinion only, the marshal's
position and motives have been entirely misunder
stood lie never raised any question as To the con-
Of the law, but that question of ncces
sty had 10 be considered and discussed, in order 20
answer the marshals question whether his powers
rights, and duties would be in any respect differ
ent under n warrant issued by comnnissioner, to
what they were when il was Issued by the court No
lawyer, and no layman who understands the point
viii doubt that it was proper for the marshal to be
advised on this question.
] cannot close this letter without saying, that
for long course of years, have been familiar
with the administration Of the laws Of the United
States, and the working Of the judicial department
OF the Federal Government; and that, in my opin-
len, there is great deal of legislation needed TO
make the General Government independent of
State control, and independent of the power of
mobs, whenever and wherever its asurea chance
TO be unpopular. The United States have no jails,
and the law Of this Commonwealth forbds the use
Of s Jails for the purpose of holding fugitive slaves
Even TO detain ordinary criminals, witnesses
obliged TO be incarcorated, the United States are
entirely dependent on the courtesy Of the States,
and may have the Of the State jails taken from
them at any time when it suits tho caprice Of n
State TO withdraw IL In my opinion. too, the Of
nee OF United States marshal is by no mesns
ganizod and fortified by legislation il should be-
TO encounter popular disturbance The whole
subject ought 10 be revised by the best wrists and
the beet statesmen in the country.
Very respectfully, your obedient servant,
GEO. Il. CURTIS,
One Of the Commissioners Of the Circuit Court
OF the United States for Mass. District.