Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-10-31
JUDGE GRIER's DECISION.

Ffomthe PhaadeLphia North american
We have received copies oil correspondence be-
tween Mr.. Gibbons, who was OF counsel for Henry
Garrett arrested in this city some days since as t-
gItye slave, and Judge Grier, of the U. S. Supreme
Court, who sat as Commissioner under the act of 1885,
on the hearing OF the case As will be seen bv the
extracts given below, the Interpretation of this law
made by Judge Grer is entirely different from that
which popularity adopted and, it it shall be maintained
by all who have to ACT under it, will undoubtedly
move much ofthe odium which now attaches 10 it,
full and fair tridEthe Judge emphasizes the word
- by nslngit with quotation marks-wth ample time
Tor the defendant to produce his witnesses and proofs
and the strictes legal examination OF the claim made
by the alleged owner, with the responsibility resting up
on the Judge, who hears the case that he deter
mine and decide both the law and the facts incidents
belonging 10 the Fugitive Slave Bill" according to
Judg Grer's exposition, which we certainly had fail
ed to discover in it, and which feel very confident
were not supposed TO belong to it by those Southern
Senators who framed and passed it.
In the OF GARRETT the warrant issued by the
Court founded the aft av of the alledged own
er Of the fugitive. But son the trial or hearing" before
sst thatit should be received. Tine Grammar aa@ey-
lily neglected to make the proper proof before some
Court or Judge in Maryland to establish the fact, that
he owner OF a slave, person held to labor, and
what was the name age, re, and other marks, OF such
person; and that the described had escaped
Not having avaled himself OF the privileges and faci-
tiles given him by the act of Congress for this purpose,
decided that he must be bound by the common law
rules of evidence in other cases, where title to pro-
perry has be established before Court We refused
TO receive the parties interest witnesses, and wills,
and other documents Of title unless properly proved
The act contemplates trial and decision OF the
Court or Judge, involving questions both OF law and
fact and unless the rules OF the common law to EVIL
dence be followed, when not changed by statute, the
tribunal would be without rule governed only by
price, or underlined discretion which would be the
else of tyrannca not Judicial power. 1t is the du-
ty Of the Judge who exercises it, 10 render equal JUS
tice both to The claimant and the person claimed. If
evidence were heard side only, and that, too,
without regard to any rnle or principle known 10 the
law gross oppression and wrong would flow from it.
Free men and citizens of Pennsylvania might be kid
mapped into bondage, unde forms OF law, and by the
action of legal tribunal, sworn to do equal and exact
Justice to all men. This much maligned law not only
gives "trial" beorea legal tribunal before the claim
can be authorized to carry the alleged fugitive out
of the State but takes away from the prisoner no
right which he would have enjoyed before THIS act OF
Congress was passed
la all cases Of extrad ition, the evidence establishing
the offence and escape othe persons demanded is usu-
ally made in the country from which the person de-
manded has escaped land is necessarily parte, and
the chief question be decided by the tribunal before
whom he sbrought previously to making an order tor
his exradition is only the question OF identity. he
party demanded has right of course, to show that ne
is not the person described But if he be the person
described he has no right to claim jury trial. as to the
question OF his guilt in the country to when ne mas
escaped The question of identity, and whether the
person claimed is such the treaty between the
two countries requires be delivered up, has always
Of a Jury No complaint has ever beennmade when
white men have been sent to Europe, on demand tor
their extradition without giving them jury Ifiaisi
and why greater privileges in this matter should pc
granted to cooured persons is not easy perceas Z
The State OF Pennsylvania guarantees al a<
her citizens or y persons syfo ar
co'nrafla2 q aftenee vitae ners<se q 2 8
tro1at a. 81 49,