New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-10-04

-'.5 20 oil cases 10 law anu eQuity issn6 49,
der the Constitution tae "a @s Oh the oh.e9
20 tSet the federal Courts have ia iadcsioh
.jsims TO persons alleged 10 Fugitive Siavee'
Tha new sos, sec 4, provides that toe Com mls
siopera" appointed by the Courts to take depos .
Sons &c shall have CONCURRENT JURisD iun
with the odges Of the Circuit and dis'ricE oou
Of the United States ia their respective
and shall grant certificates TO claimants &c u N
sons alleged 10 be fugitive slaves Win a"'noi'''
take and remove them. =. C,rn,ia.
The Courts may have power 10 aPpolla' NJ
siopers to take affidayts and ackno
bail but they cannot delegate 70 rna.res. an
she mover Of irving cause, nor can Congress su-
thoriZe them 10 70 &c. .Io ,aytv ar
The act in question provide ,hst the pay ~ a.
rested az & fugitive slave shtil DO IaaeL asno.i
Commissioner who 10 authorized W 'aA9 ergAR
lions &c. and that sach Commissioner SnaH on n
Avn nyYyBaIEE the case Of Euch clGl"sah' s~
ertnARy mAsElR' and shall make out ce , -.
,ote =, which shall be CONCLUSIVE o. Eat r'sfrr
,eroove the fugitive to the State or Tertofy nun
vh;ch he escaped The Commissioner nss w
trv and determine whe Their the person claimed was
lawfully held as slave In any Stase or 1el,i.'+y
whether be has escaped into anosne! esA'1 "
Territory and whether the person claiming ~! IL.
ia the la wful owner And yet it il presehoeo inAS
the Commissioner is not exercising a judicial
power because i0rsocth it is alleged 'nas 10 o.
nav be another trial in the State 70 ~mGu sne
person said TO be slave 10 feno n,s ,;a;an
discover no force in ghis argument 1ne uoS Ia;
OF the Commissioner is not tne 1898 gu 9. ~
cation because the question inVoi'ea ~ - - ,ps
raised again in another shape Wi'n sue 49, p9.
slave IA plaintiff instead OF dafeRosut' ous l
doubt yery much whether the words oil tne ac' 40
cs yine THAI the certiicates shall be conct~St0e
of the right of the person or persons IN "9ose ID
yor thew shall be granted 70 remove sacn luelliye
10 the State or Territory from which they escaped
would not be deemed an estoppel. ms question
hoyeyer is perfectly immsterlsi; 1t does not mat
fey whether the issue involved IN the trial before
the commissioner" conld or could not be inquired
into aeain-the "Commiseioners" decision s to all
nsenta and purposes Judgment, and it conslgns
sbe defendant to slavery
The proceeding before the Commissioner" has
been compared by some Of the pro. Slavery advo-
Yates 10 an examination Of party accused OF
crime; and it Is said that as man charged with
felony may be committed Tor thai or sent Wishous
the Interpolation of regular Court to another State
Tor trial, it follows that man may be Rdjudged TO
be @ slave by Commlsssioner," delivered TO
the complainant ag his property and sent 10 the
State from which ii ia alleged the escape was
made. Those who are unAcoustomedto pro Slavery
law logic, will be little startled at this transparent
absurdisy. 1t 10 perfectly obvious that there Is no
analogy between the two seg. Ia the one case
the party il sent for trial, and is not treated
UNIV ShOAS -
positive adjudication that the man Ii slave who
bias escaped from his master, and that such mater
has claimed him and established his ii lie. The
Act expressly requires ouch adjudication. Wher
man is given up as fugitive from justice, 1t II
n0t determined that be Is guilty. but ony shat ne II
accused in the regular form and II the Act II
question had merely provided that the Commits
sioner" should send party claimed as slave Z
DO tried in the State from which it 10 alleged III
made bis escape, the objection now under consider
ation might have been avoided although Certain
other objections would still have been raised to sucl
mode of proceeding
There is still another question Could Congress
authorize even the regular Federal Courts to try
claim to man IS slave In summary manner anC
without the intervention OF Jury If not theI
the Act of 1893 10 unconstitutional for reasons dit
ierent from those which show the demonstration
ahty OF the new Act. Can Congress- lawfully au
tbofize the determination of any matter affecting
the life or liberty OF an individual In summary
manner Moss Of the State Constitutions are very
careful In preventing the Legislature from indulg
ing in such enactments. Let us see whether the
provisions in the edersl Constitution are really 30
ilusory as to allow to be deprived OF his lib.
erty on the mere hat of Judge, in Kad fashion.
II So then these provisions affecting to protect the
people from tyrannicR Judicial proceedings are q
mere moekery, adeusion and snare.
Article of the Amendments TO the Constitution
decaIea that no peraon shall be "deprly ed OF lie
ibtrty OF property without due process OF law,
Art, further provides that In criminal prosecution
the accused ehall enjoy speedy and public tria
by Jury, and TO be confronted with the witnesBa
againat him,
Che act OF l793 onEctr that when slave esoapel
into another State, the owner his agent, &c, may
arrest the save and take him before Judge of the
Circuit or DiBtrct Court Of the United States, or
before any magistrate, and upon proof Of the title
to the slave the Judge o. magistrate ls TO give a
certificate TO the claimant which is to be warrant
for taking the slave.
Several judges Of the Supreme Court or Circuit
have affirmed the constisuTonaity Of this law
bat when the conposition of the Supreme Court liz
changed so that the judges are chiefly from the
free States, this law WILL no doubt, be treated az
void for want Of power in Congress to enact it,
The "eouibrium' will coon be destroy d-the
free States will predominant in the Senate, and
the oifioe seekers of all grades will profess anti
eavery sentiments. Many things which have been
taken for granted and passed unqueatloned, will be
opened up for discussion and net few of the deci-
ATOMS OF the Supreme Court on slavery questions
viii be overruled The idea thu: trial by jury and
the hsbeea corpua guaranteed by the Constitution,
shall be no projection to man who lie falsely
claimed TO be slave is sheer absurdity and will
be 30 treated before the lapse OF many yeRrs from
thia time,
Thsre ia another provision in the new Act of &
moat extraordinary character viz shat in section
~, winch enAoles person 10 go before Court OF
Record and claim another az his slave who resides
in smother State and to esla bish such claim or eu
parte evidence without any notice TO the party in.
tereeted, d record is 10 be made up which is te be
conclusive This lis the most daring violation of
the frat principles OF justice that can be found in
any country, And IL is worthy Of observation
that although the Constitution provides that art
sec. ~ "fui faith and credis shall be given in each
State to :he puplic acta. records and jndica pro-
ceedings Of every othes Stale, and that Congress-
may by general laws prescribe the manner in
which such acts, records and proceedings shall be
proved and the effect thereof it has been held in
shs State that no Judgment pronounced IN another
State. without actual notice 30 tue party cought to
be affected, shsl be entitled 50 f&sn and credit be.
cause it is obviously Unjust Pha Ed. 9O9
Coscess Roiss.
The Act, moreover does not require shis es parte
proceeding TO be like other jediols proceedings
tho Judgment may bs rendered by Judgein vaoa.
-. nd oF L.