Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-10-31
The Fugitive Slave Law---Opinion of Mr.. Crit
tenden.
ATTORNEY GENERALS OFFICE,
TOEn

ATTORNEY GENERALS OFFICE, !
September IS, 1850
SIR: have had the honor to receive your note of this
date informing that the BILL commonly called the fu
gve slave BILL having passed both houses of Congress,
had been submitted you for Your consideration ap
prevail and signature and requesting opinion whctl
or the srth section Of that act and especially the last
clause OF that section conflicts with the provision OF the
constitution which declares that the privilege of the
writ Of ha6eas corpus shall not be suspended unless
when, of rebellion nvasion thepublc safety
may require it."
1t is my clear conviction that there is nothing in the
last clause any part Of the sirth section nor, in
deed any part oil the provisions OF the act which
pends intended TO suspend, the privilege OF the
writ ohabeas corpus in any manner IN conflict with
the constitution
The constitution, in the second section of the fourth
articles declares that mo person held to service labor
in State under the laws thereof escaping into
other, shall, in consequence of any law regulation
theren be discharged from such service labor bnt
SHALL he delivered up claim of the party to whom
such service or labor may lie due"
1t is well known and admitted historically and Judi
caIy that this clause of the constitution made for
the purpose of securing the citizens OF savehold-
ing States the complete ownership their slaves,
property in any and every State Territory OF the
Union into which they might escape. (Prgg Com
moatceaIth of Pennsylvania, is Pet, 539) 1t devolv
ed the general government, asoemn duty, tomake
that security efectua Their power not only clear
and full but according to the opinion OF the court m
the above cited case it erciusire; the States
ally being under obligation, and having no power to
make laws or regulations in respect to the delivery OF
fugtves Thus the whole power and with the whole
dutg, of carving into effect this important provision of
the constitution with Congress-; and accordingly.
after the adoption of the constitutions the act OF
the 18th of February 1898, passed. and that prov
ing unsatisfactory and Inefficient py (among
other causes) osone minor its Details Congress
attempting by this bill to discharge constitu
tiona obligation by securing more ecctualiy the delly
cry of fugitive slaves TO their owners The sirfh and
material section in substance declares that the
claimant of the fugitive slave may arrest and carry HIM
before any of the officers named and described in
the BILL and provides that these officers and each Of
Them shall have judicial power and jurisdiction to hear
examines and decide the in a summary manner;
that IT, upon sueh hearing the claimant by the requisite
proof shall establish his claim the satisfaction of the
tribunal thas constituted the said tribunal shall give
him certificate stating therein the substantial facts of
the case and authorizing him, with such reasonable
force be necessary, TO take and carry said luigi
tive back the State Territory whence he or she may
have escaped and them IN conclusion proceeds as o
lows sThe certificates in this and the first section
mentioned shall be conclusive OF tie right oil the person
persons in whose favor granted to remove snch fue
tive the State Territory from which he escaped
and shall prevent all molestaton OF such per-
sons y any process issued by any court Judge, maels
trate, other person wfomsoever-"
There is nothing in all this that does not seem to me
to be consistent with the constitution and necessary,
indeed redeem the pledge which it oontains-tlat
such fugitves sall be delivered up on claim Of their
owners.
The Supreme Court of the United States has decided
that the owner independent of any aid from State or
national legislation, may in virtue Of the constitution
and his right of property seize and recapture his
fugitive whatsoever State he find him, and
carry him hack to the State Territory from which he
escaped. (Prigg Commonwealth Of Pennsyirania,
Is Pet 800 This bill: therefore, coniers no right on
the owner Of the fugitive slave it only gives him an APP
pointed and peaceabc semedy in place of the more ex-
posed and insecure but less lawful mode of scre-
dress And the fugitive slave, he has TO
complain of this bill it adds coercion to that which
his owner himself might at his will, riehtully
erese and all the proceedings which it institutes are but
much ofordery judicial authority nterposed between
him and his owner, and consequently of protection to
him. and mitigation of the exercise directly by the own
himself Of his personal authority This is the const
utonal and legal view of the subject, sanctioned Ivy
the decisions Of the Supreme Court and to that uit
myself
The Of the 18th February, 1893, before alluded to,
far respects constitutional question that
arise Of this m is identical with it, II authorizes
the like arrest of the fugitive slave the like trial, the
like snent the like certificate, with the like author
ty to the owner bv virtue Of that certificate his
rant to remove him to the State or Territory from
which he escaped; and the csnstitnonaity OF that
in all those particulars has been affirmed by the aduii