Weekly national intelligencer., 1850-11-02
FUGITIVE SLAVE LAW.
FROM THE PHILADELPHIA AmxxrcAs.

/ FROM THE PHILADELPHIA AMERICAN.
We have received copies of correspondence
between Mr.. GIBBONS, who was of counsel for
Garnet, arrested in this city some days since as
fugitive slave, and Judge GREER, of the United
States Supreme Court, who sat as Commissioner
under the act OF 1885, on the hearing Of the case.
AS will be seen by the extracts given below the
Interpretation OF this law made by Judge GRrEK
is entirely different from that which is popularity
adopted, and, if it shall be maintained by all who
have to act under it, will undoubtedly remove much
| of the odium which now attaches to it, JUDGE
GRIER says
In the Of Gae the issued by the court was
founded the affidavit of the alleged Of the fugitive
But the trial hearing before the court after the ar
res this affidavit received in evidence did the
counsel for the claimant insist that it should be received
The claimant had wholly neglected make the proper proof
before court judge Maryland establish the fact
that he owner Of slave person held to labor and
what the name, age, sze and other marks of such per-
son, and that the person described had escaped Not
having availed himself Of the privileges and facilities given
him by the act of Congress for this purpose wedecded that
be be bound by the law rules of evidence
in other cases, where title to property has be established
before We refused to receive the parties interest
Witnesses and Wills and other documents of title unless
properly proved.
The contempates trial and decision of the court or
judge, involving questions both of law and fact and unless
the rules Of the law, evidence be followed
when not changed by statute the tribunal would be without
rule, governed only by caprice underlined discretion, which
would be the exercise of yrannca judicial power
the duty Of the Judge who exercises render equal
justice both the claimant and the person claimed II evi-
dence heard side only, and that too without
gard any rule principle known the law gross oppres-
eio nd AouU fronn
Of Pennsylvania might be kidnapped into bondage under
forms Of law and by the action of legal tribunal
do equal and exact justice to all men. This uch-magned
law not only gives "tia before legal tribunal before
the claimant be authorized carry the alleged fugitive Of
the State but it takes away from the prisoner right which
he would have enjoyed before this of Congress passed.
In all Of exadon the evidence establishing the Of
fence and of the persons demanded usually made in
the country from which the person demanded has escaped
and necessarily part and the chief question to be de-
cded by the tribunal before whom he is brought, previously
to making order for his exsdon, is only the question Of
identity. The party demanded has right Of show
that he the person described But if be be the person
described he has right claim jury trial. the ques
on of his guilt in the country to which be has escaped The
question OF identity and whether the person claimed is such
the treaty between the two countries requires be
delivered up always been tried summary and without
the Intervention of jury No complaint has been made
when tohe have been sent to Europe, demand for
their e1radton, without giving them jury trial and why
greater privileges in this matter should be granted to cooed
persons easily perceived The State Of Pennsylvania
guarantees jury trial to her citizens persons who
charged with committing offence within her borders.
Fugitives from another State have such rights The Gov
which the fugves belong, to be presumed,
will do justice its subjects citizens and whether
they do not is concern Of ours However indiv
duas may fancy they have mission recy all wrongs
the face Of the earh the State Of Pennsylvania does not feel
bound the Quxotc enterprise Of avengg the oppression
of sers in Russia slaves in Georgia This act Of Congress
does require that judge should without trial. surrender
citizen Of Pennsylvania TO hdnapper The provision
IL koor ohoIth
mony Of such fugitive be admitted in evidence, is
than the enactment Of established principle Of the
law that no shall be witness in his If this
provision not in the act would not receive the testi
mony Of the prisoner prove that he not the person de-
scrbed that he was free 1t would be tempta
ton to perjury which tribunal should permit to be pre-
scented to any
| No lawyer would urge before court such an absurd
construction Of the Of Congress that it that
evidence should be heard the part Of the alleged uge
If such the intention Of the Legislature, it easy to
express in unequivoca terms In truth, there nothing
equvoca in the language of the act orbds the judge to
hear testimony the fugitive but the testimony of
dsnterested witnesses II almost that nothing but
desire render the law odous for the sake Of political aga
ton could have led to gross msconsucon and
great libel on our National Legislature.
It has been objected ao to this law, that suspends the
habeas corpus act nasmuch it enacs that the certificate
of Judge commissioner shall be conclusive right
Of the persons whose favor granted to such ug
ive and shall prevent all moestaton Of such person per-
sons by any process issued by any court Judge, magistrate,
or other person whomsoever" But this mistake The
truth that this provision of the law rbidding the tes
mony of the fugitive to be received, and frbddng ine
renee by other process after certificate but enactment
Of established principle Of the Law, added through
extreme caution, but wholly unnecessary.
"The writ Of ha6eas corpus undoubtedly immediate
remedy for epy illegal imsonment but imprisonment
illegal when the process is justification of the officer and
process whether by writ warrant, is legal whenever is
not the of it, and has issued the ordinary
Justice from magistrate having Jurisdiction
Of the subjecmatter Commonwealth Ldcky, Watts
6.)
person held fugitive under the certificate of judge
magistrate, under this act is legally imprisoned under
process from magistrate having Jurisdiction, and
cannot be released by any other magistrate writ
Of habeas corpus hone repkgiando. The act Of 1898
has such provision that which is the subject Of
plant in the present yet in the Of Wright
Deacon Is Sergeant and Rawle, 62 the Supreme Court of
Pennsylvania decided that certificate under that act
legal warrant the fugitive the State of Maryland,
and no writ Of homine repkgiado would lie from State
court to try the question Of freedom and that writ issued
under such circumstances violation of the constiu
ton of the United States" ss
LoSDos ExHIBIrIos.-The Governor Of Maryland has
added to the Committee the Industrial Exhibition
the names of COL ANTHONY KInMELL, of Frederick, and
THOMAS M. SMITH, Esq. Of Baltimore.
A MrsrERr EIPLAIsED.-The cause Of the many sud-
den deaths at Kalamazoo week two ago. which inn
pued 10 cholera, is explained by the Chicago Journal