The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-05

| made out 10 his satisfaction, Is necessarily re-
quired +" TO hear and determine the case de
pending upon such matters; and therefore the
duty imposed by the act of 1893 is the very
duty--no other and no less-imposed by the act
of 1850. AS TO the officers on whom this duty
is imposed, the act of 1893 seems liable to
much more reasonable objection that that OF
| 1850; for under the former any magistrate of
| a county, city, or town corporate" was autho-
rzed to act, though neither of them was an in
terior court or an officer of the United States;
whilst the commissioners empowered by the last
law are officers of the United States, appointed
constitutionally by the courts of the United
States; but the former act, though liable to the
same, or greater objection, has been held con-
stltutonal by the Supreme and circuit courts
ofthe United States, and by State courts of the
taton of the objection we are now considering
will assume this form.
The objection now taken to the constitution
atty Of the act of 1850 lies with equal or greater
force against the act of 1898;
| But the act of 1893, Notwithstanding this OBJ
lection, was constitutional;
| Therefore, the act Of 1850 is constitutional
Secondly: The powers and duties referred to
are not judicial in the sense in which that
term is used in the Constitution.
The first section of the Sd article is in these
words
"The Judicial power Of the United States shall be
vested in Supreme Court, and in such inferior
courts as the Congress may from time to time or
dain and establish. The judges, both of the Supreme
and inferior courts, shall hold their offices during
good behavior; and shall, at stated times receive
for their services compensation, which shall not
be diminished during their continuance in Of
fee"
Now, 1t is evident, beyond denial, that ''the
Judicial power' here meant, whatever it may
be, can be vested only in courts whose Judges
hold their offices during good behavior; and
therefore, whatever power whether in its ma
ture judicial or not, may be vested in tribunal
which is not court, or in court whose judges
do not hold for good behavior, is not part of
"the judicial power" intended by this section
OF the Constitution. Thus, the various ac-
counting officers Of the Treasury-sometim
in virtue of their general official authority, and
sometimes in virtue of special acts Of Congress
do rightfully ''hear and determine;" and from
the beginning of the Government have, with
out objection, heard and determined cases be-
tween the United States and individuals in
volving inquiries precisely similar in their nature
to those "heard and determined" by courts of
the United States and courts of the several
States, in actions at common law and upon
bills in equity; and therefore, though in their
general character Judicial, yet forming no part
of ''the judicial power" intended by the Con
stitution.
Again: The courts established" by acts of
Congress for the Territories of the United
States do now exercise, and always have exer-
csed, judicial power in cases at common law
and in equity, although, the judges are ap-
pointed only for four years, and therefore theirs
is not part of The judicial power mentioned in
the Constitution.
Again: Under the act to establish the ud-
cial courts of the United States, Justices of the
peace, and other magistrates Of the States. as
well as judges Of the United States, have for
sixty years possessed and rightfully exercised
the authority 10 arrest persons charged with
offences against the United States, ''to hearv the
proofs, "to determine" upon their sufficiency.
and either TO bail, commit, or discharge, as the
circumstances may, in their judgment, require:
and therefore this, though Judicial power, forms
no part Of the Judicial power meant by the Con-
stitution TO be exclusively vested in courts Of
the United States.
Again: Under the act of Congress 10 carry into
effect our eXtradition treaties with certain FOREIGN
States, commissioner appointed by the court
may issue his warrant to arrest one charged as
fugitive from justice. to the end that ''the evil
dence Of criminalty may be heard and con-
sidered;" and, elf deemed sufficient by him TO
sustain the charge" he shall certify the same.
Sc, To the Secretary Of State, who shall order
the surrender Of the offender, &C.; and. there
fore, this, like the last case stated though Judi
cia in It's general character falls not within the
Judicial power mentioned by the Constitution.
Again BY our treaties with Turkey and
China our citizens in those countries are ex-
empted from liability TO the local jurisdictions,
and, by an act Of Congress 10 carry into effect
those treaties, judicial power is fully vested-n
all cases, civil and criminal affecting our citi-
zens-in our ministers and consuls in those
countries and, therefore, the powers being
clearly Judicial in their nature, and yet vested
! in no court Of the United States, but in dplo
matte agents holding at the pleasure Of the
President, these powers, though exercised under
the United States, form no part Of the judicial
power mentioned in the Constitution.
Now, if all these instances in which power
Of a Judicial character has been conferred. not
upon courts Of the United States. whose Judges
hold their Offices during good behavior, but
either upon courts with Judges Of limited ten
IRE Of office, or upon State magistrates. or upon
executive and diplomatic officers holding at the
pleasure Of the President, are consistent with
the Constitution-how can it be affirmed. or even
plausibly conjectured that the Fugitive Slave law
is unconstitutional, because the magistrates to
act under IL are not ordained as courts. but are
officers appointed by the courts, and holding
during the pleasure Of the couris-Congress be-
| ing expressly authorized by the Constitution 10
Il