The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-10-17
The Fugitive Slave Law,

CHARLES ADAMS, the late candidate OF the
Free soilers for the Vice Presidency, acted as
chairman; and letter was read from the ven
cradle JOSIAH QUINCY, containing certain re-
mlniscences with respect to the practical opera
ton of the law of 1893. At this meeting
resolution was adopted denouncing the late law,
among other reasons on the ground that 1t
50 takes away the benefit of the habeas corpus"
If such had been the effect of the law, it would
have been the duty of the PRESIDENT to veto
it, on the objection of its unconstitutionality
Other objections, arising from suggestions of
the PRESIDENT could not enter
doctrine in regard to the exercise Of the Execu-
tive Veto. The American people have adopted
the VINO rule upon this subject and the only
question left to the PRESIDENT under that rule
was whether or not the bill submitted to him
was consistent with the provisions of the Con
stitutlon. 1t had been too long pending in Con
gress to permit him to raise any question upon
the idea of . manifest haste and want of con-
sideration" in that body.
While this bill was before the President for
his signature, the question arose in his mind
which is presented by the resolution of the Bos-
Did the bill take away the benefit of the habeas
corptsy II it did, it was unconstitutional, and
the PRESIDENT would have been bound to re-
turn 1t TO Congress with his objections. The
PRESIDENT consequently referred the bill to the
Attorney General for his opinion upon this
md ala Ill 49,
given by that officer to the effect that "there
is nothing in the bill in question which con-
fllcts with the Constitution. or suspends, or
was intended to suspend, the privilege of the
writ of hdbeas corpus" This opinion we
have procured for publication, and it will be
found in another column of this mornings paper
We do not know the views Of the PREsI-
DENT in regard TO the propriety or expediency
of this law. The political school to which he
belongs has always adhered To the doctrine that
questions of legislative propriety and expedi-
ency belong to the representatives of the States,
and the representatives of the people Ii has
been for years the staple Of WING complaint
that the will of the people has been too often
frustrated by the veto Of the Executive; and
the only question that could be entertained by
the President, in view Of his well-settled
and well-known convictions Of Executive duty
IN this regard, was in respect to the constitution
aiity Of the provisions Of the bill. He enter
tanned doubt upon the point which he sub
united to the Attorney General; and that doubt
was removed by the very conclusive opinion Of
Mr.. CRIrTENDEN, 10 which we again refer our
readers.
There is one other point touched by Mr..
QCINCY, in his letter read at the Boston meet
ing, to which we can now only alude, but
which We shall take an early occasion to con
slider somewhat in detail. Mr.. QUIScY is Of
the opinion that the universal dissatisfaction
prevailing in the Northern States in regard to
this law would be almost wholly allayed. if the
law should be 50 modified as to give to every
person whose service is claimed the right Of
trial by jury before being sent out Of the land
in which he ia arrested. Ii is little singu-
lar that a similar summary process, with
out the intervention Of a jury, has long
prevailed in regard to fugitives from JUS
tice-and that, too, without creating any
excitement or raising any constitutional objec-
tons The jury trial is secured to the fugitive
in the State from which he has fed-and every
day in the year freemen and American citizens
are delivered upon summary acquisitions from
foreign States without the semblance Of any
jury trial in the State in which they are ar
rested. The provisions of law in respect to
these fugitives, We believe, have been grossly
abused, but the law is executed without lead
ing TO mobs, OF 10 armed or unarmed comblna-
lions Tor resistance. With regard to fugitives
from labor, we have yet to learn Of the firsi
case in which any man has been arrested OF
disturbed who was not bound to service in
the State from which he had escaped, and who
did not fall within the constitutional provision
upon this subject.
IL is not our intention, however, even to en-.
ter upon this discussion this morning and at IN,
conclusion Of an article. We reserve il for NOR,
deliberate consideration. Our purpose in writ
ing the present paragraphs was merely to cal
public attention to the opinion Of Mr.. CRITICS
DIS, and to show our brethren Of the Mort
that the law under consideration is not obnox
iOus to the objection Of suspending or interfer
ing with the writ Of habeas corpus, and tina
this point received the earnest consideration Q
the PREsIDEST before he signed the bill.
DIsunion-Its Consequences to the south.
We have considered the causes which il
part threaten the Union Of the States. w
must admit that these causes would Of them
selves prove insufficient, were it not for the co
operation Of party at the South who hav