The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-05
sIhs Fugitive Slave Law.

OPINION OF JUDGE CRANE, OF OHIO.
A number Of the citizens of Dayton addressed q
note TO Judge Crane, requesting him to preside ct
public meeting called in that city, to consider tho
Fugitive law. The Judge sent the following
reply -
DAYTON, Oct. 2J, 1850.
GENTLEMRN-Your letter of the 23d inst was
handed to me yesterday. would readily comply
with your request, if sanctioned by the meeting, IL
| were able to DO so. But in the present state 81
my health am unable to attend, still less to take
part in public meeting, which may and probably
will be protracted 10 late hour in the evening
| most cordially concur in the wish you express
that quiet, coed feeling, fraternal affection, and
may add, the old good humor, US in the earlier
years Of the republic may once more aud hence-
forward prevail between US and our brethren oil the
South
zens, individually or collectively TO express freely
and fully their views and opinions on all questions
affecting the public interest, II must be granted
that these opinions when publicly announced, are
equally the subject of discussion and criticism.
The resolutions adopted at a public meeting
! held in this city last week, censure the act ct
Congress at last session, commonly called the
Fugitive Slave Act as unjust and oppressive, in
consistent with the spirit of our institutions and
| the rights OF men under them, and dsgraceful TO
the government" Such are the general charges
the Specifications are, that Marshas, &c are COM
PEELED, under heavy penalties, 10 obey and execute
process under this law, and subjected TO liability
for the escape Of such fugiiives, whether with or
without their assent. This would seem rather an
objection to the common law, than to this partics-
lar act OF Congress. Sherfis and other ministerial
officers are compellable ut common law to obey
and execute all lawful process TO them directed,
and subjected TO heavy penalties for neglect or re-
fusai; The same common law makes the Sheriff,
&c, liable for the escape OF a prisoner IN his Gus
tody, whether voluntarily or not The Mtrskal
by this act Is only placed in the same predicamenf,
and subjected TO the same responsibility as the
Sheriff.
need only TO refer TO the opinion Of the Attorney
General, Mr. Crittenden, TO disprove the specifca-
ton that this act renders Intellectual or suspends
the wit OF hateas corpus. This writ is a writ of
right, and every Judge, on proper apple atom TO
HIM, must Issue II, and when the party Is byoaght
before him must determine whether the mprissu-
ment be Illegal or not. This writ can only be sus-
pended by Congress, in the cases specified In the
constitution.
The complaint that this law makes the petty
officers Of court the judges in questions Of per-
sonal liberty and perpetual slavery, without appeal
or review, applied with equal torce to the act Of
1893, which was the law Of the land for more than
half century. That ac'lgaye the same summary
remedy, authorized the arrest OF the alleged fugi-
tive by the claimant, his agent or attorney, give
Courts or any magistrate Of any county, city, Or
town corporate where such arrest was made, ju-
rsdichon TO hear and determine, without a jury,
and without appeal or review, aud the certificate
Of such Judge or magistrate n sufficient war
rant to remove the fugitive TO the State or Terri
tory from whence he He'd
the act of 1893 and this act amendatov AMI sup
plen entsry thereto, Is, that commissioners aP-
pointed by The Circuit and District Courts Of the
United States are substituted for the county, city
and town gistrates, and though petty officers
rather judges Of limited jurisdiction, will pro-
badly be found quite as well qualified to hear and
determine, as their predecessors under the act Of
1888. Judge Story, In his commentaries on the
constitution, has shown the reason and necessity
OF this summary remedy, adopted in 1893, and
continued under the amendatory and supplemental
act Of 1850.
Il is further objected that this act usder certain
circumstances, compels the removal Of the fugitive
to the State from whence he lied, by the Marshal.
and at he expense OF the United states. The cor
stution secures to the owner the right OF reclaim
ing his slave in any State into which he has
capped. The Supreme Court OF the United States
has decided that Congress has the sole and exclu
D,e , ~ Yh" ,ss ns, aro
The act OF 1893 as well as that Of 1880, has esab-
| lished tribunals 70 hear and determine cases OF
this description. But the jurisdiction OF a court
| would be manned and defective without the pow
Or Of carrying its judgment into ehectual eSecu..
| tion This smendatory act of 1850 has guarded
against the forcible rescue Of sdjudged 10 be
fugitive and bound to service,b by requiring the Mar
shall to remove him to the State from whence ne
| fled, and empowering him TO summon asss,aac es.
| to overcome such appre headed force Inc one,ln
/ may command the power Of his county wnere ,ne
process of the court Is forcibly resisted ms act
IN ths case speci6ed. gives the Marshal similar
| power 10 enforce the judgment OF the court. Have
| we not reason TO believe that in many cases such
| iudements would prove wholly nugatory and un-
svs,Iing without some such provision for enforcing
them But +" IL is not on the oath Of the claimant
and at the expense Of the United States" He Is
the one most likely 10 be apprized Of an intended
rescue and 10 feel spprehensions OF its success, and
IL the proper person TO make the affidavit and why
should this extraordinary expense fall on the
| claimant The constitution has secured his right
of reception he has established that right, before
| the tribunal created by law to hear aud determine
| such questions, and ought not the government to
secure 20 him the benefit Of such judgment against
| unlawful force and violence
I have gone through the specifications in support
Of the general charges contained In those resoiu-
tons. However they may Affect others, they 90
not satisfy my mind that this amendatory and sup
elemental act deserves the character given II ~
those resolations. am, gentlemen,
| Very respectfully yours, re,
Josrru III. CRAw.
To Messrs Green, Kennedy, Giddnes, ysllan