Weekly national intelligencer., 1850-10-19

and Judgment Of judicial tribunal having competent uris
dicion. suc .9t el
With these remarks the consttutonay Of the gsne-
raj provisions Of the BILL and the consequent legality Of the
custody and confinement which the fugitive slave may be
subjected under it, proceed to brief consideration Of the
particular question you have popounded in reference
70 the writ Of habeas corpus and Of the last clause OF the
@ section, above quoted. which gives rise to that question
My opinion before expressed, is that there il nothing
in that clause section which conflicts With, suspend or
intended to suspend the privilege Of the writ Of habeas
corpus think because tho bill says not word about
that writ because by the constitution Congress is expressly
forbidden to suspend the privilege Of this writ unless when
n Of rebellion invasion the public safety may re-
que it = and therefore the suspension BY this act hese
being neither rebellion nvasion) would be plain and
papable violation of the constitution and intention TO COM
NIT such violation Of the constitution, Of their duty. and
their oahs ought be imputed them upon consuc
lions and implications and, thirdly becauss there is in
compatibility bstweea these provisions Of the bin and the pr
vege Of the writ Of habeas corpus in its constu
tona lsttude. ... ...,- ,.sss n ~
Congress. In the case Of fugitive slaves in all other
casas within the scope Of its constitutional authority has the
unquesonsbe gh, ordan and prescribe for what causes
what extent and in what persons may be taken
into custody, detained imprisoned Without this power
they could fulfil their constitutional trust perform the
ordinary and necessary duties Of Government It
heard that the exercise Of that Legislative power any
croschment upon suspension of the privilege Of the habeas
corpus 1t is only by confusion Of ideas that such
conflict can be supposed exist II is within the pro-
vince privilege Of this great writ loose those whom the
.c has bound That would be put writ granted by the
fhe ytoff fbo
structve Of another This writ follows the law and obeys
the law. It is issued upon proper complaint make in
quy into the causes Of commitment impsonmen and it,
sole remedial power and purpose to deliver the party from
all manner Of illegal confinement" g Black Com, lal
IT. upon application the court judge for this writ, if
upon return shall appear that the confinement complain
ed of iafu the writ in the first instance would be
fused, and in the last the party would be enanded h
former lavtui custody.
The condition Of in custody fugitive slave, unde
this law far respects the writ Of habeas corpus pre-
cisey the that of all other prisoners under the law
the United States The privilege Of that writ remains ak
all Of the but to be judged Of granted refused, dis
charged enforced BY the proper tribunal according the
of each case and the commitment and de-
tention may appear to be legal or illegal.
The whole effect Of the law may be thus briefly stated
Congress has constituted tribunal with exclusive jurisdiction
to determine summay and without appeal who fugive
from service labor under the second section of the fourth
article Of the constitution, and whom such service or abo
is DUE The judgment Of every tribunal Of exclusive jurs
dcton, where appeal lies Of necessity conclusive upo,
every other tribunal and therefore the judgment Of the tibu
nal created by this is conclusive upon all tribunals
Wherever this Judgment is made appear, is conclusive
the right Of the to retain in his custody the fugv
from bis service, and him back the psceor Stat
from which he escaped If is shown upon the application
Of the fugitive for writ Of habess corpus prevents the is
suing Of the wrt upon the return, it discharges the wr
and restores maintains the custody. ,
This view of the law of this fully sustained by th
decision of the Supreme Court of the United States th
Of Tobias Watkins where the Court refused to discharge
upon the ground that be in custody under the sentence
Of competent jurisdiction, and that judgment
| elusive upon them.-(3 Pet. 202.)
The expressions used in the last clause of the sixth section
that the certificate therein alluded to sha prevent all mo
lestaon" of the persons whom granted by an
issued" &c probably mean only what the act of I79s
meant by declaring certificate under that act sufficient
warrant for the removal Of fugitive, and certainly do MOI
mean suspension Of the habeas corpus.
conclude by repeating my conviction that there nothing
in the bill in question which conflicts with the constitution
suspends intended suspend, the privilege Of the
| writ Of habeas corpus.
have the honor be, very respectfully sir your obeden
| servant, J. ]. CRITTENDEN
To THE President.