Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1850-10-24
THE FUGITIVE SLAVE LAW.
ATTORNEY GENEaAL's OrSicE, }
September 18th, 1850. (

)oss "o'c w uhr uutc, iIioTulinK inc tldt
the bill commonly called the Fugitive
! Slave bill, having passed both Honses
F, OF Congress, had been submitted to
you for your consideration, approval,
and signature, and requesting my opin-
ion whether the siTth section ofthat act,
and especially the last clause of that
section, conflicts with the provision Of
the Constitution which declares that
"ihe privilege of the writ ofhabeas cor
p"s shall not be suspended, unless
when in cases OF rebellion OF invasion,
the public safety may require il, ?"
IL Is my clear conviction that there
IL nothing in the last chusc, nor in any
part Of the sirM section. nor indeed in
any part of the provisions of the act,
which suspends, or was intended TO sus-
pend, the privilege Of the writ 9TH ,beds
corpus, or is in any manner in conflict
with tho Constitution.
The Constitution, in the second sec-
ton Of the fourth article. declares that
no person held TO service or labor in
one State, under the laws theveot, es-
Gaping into another, shall, in conse-
'quencc of any law or regulation there
in be discharged from such service or
labor, hut SHALL be delivered up on
claim Of the party to whom such SER
'vce or labor may be due"
II is well known and admitted, histor-
ically and judicially, that this clause of
the Constitution was undc for the pur-
pose of securing to the citizens of slave
holding States the complete ownership
in their slaves, ms property, in any and
every State or Territory OF The Union
into which they might escape. (Prigg
rs C0mmOnne1ih Of Pennsylvania, 10
Pet. 500 1t devolvcd on the General
Government, as IL solemn duty, to make
that security eilectual. Their power
was not only clear and full, but accord
ing to the opinion Of the court, in the
above cited case, il was ercinsire the
States, scveraIly, being under no obliga-
ton, and having no power TO make laws
or regulations in respect to the delivery
of lugitvcs. Thus the whole power,
and with it the whole duiy, of carrying
into effect this important provision of the
Constitution was with Congress. And
accordingly, soon after the adoption Of
the Constitution, the act oi'thc 18th Feb
ruary. 1893, was passed, and that prov
ing unsatisfactory and inefficient, by
reason (among other causcs) Of some
minor errors in It's details. Congress are
now attempting by this bill TO discharge
constitutional obligation, by securing
more ciicctually the delivery OF fugitive
/ slaves to their owners. The sirth and
most material section in substance de-
clarcs that the claimant of the fugitive
slave may arrest and carry him before
any one of the officers named and dcs-
cribcd in the bill, and provides that these
J. bliiNNIS "ii ''i'' w 'i'''' S'h'h iiNt IU-
diciaL power and jurisdiction to hear,
xaminc, and decide the case in a sum
mary manner; that, if upon such hear
ing the claimant by the requisite proof,
shall establish his claim to the satisiac-
ton of the tribunal thus constituted, the
said tribunal shall give hun Il Gel tllicatc,
stating therein the substantial facts Of
The case and authorizing him, with such
reasonable force ~ may be necessary,
to take and carry said fugitive back to
the State or Territory whence he or
she may have escaped, and then in con
clusion proceeds It's follows "Thc ccrti-
ficatcs in this and tho first section men
toned shall be conclusive of the right
of the person or persons, in whose fav-
or granted, to remove such fugitive TO
the State or Territory from which he
escaped, and shall prevent all mo!csta-
ton of such person or perso; s by any
process issued by any court Judge,
magistrate, or other person whomsoev-
or.
There is nothing in all this that does
not seem TO be consistent with the Con
stitution, and necessary, indeed, to re-
deem tho pledge which it contains-that
such fugi,ives " shall be delivered up on
claim" of their owners.
The Supreme Court Of the United
S ates has decided that the owner, in
Jcpcnden, of any aid from State or Ma
tional legislation, may, in virtue of the
Constitution and his own right Of prop
er,y, seize and recapture his fugitive
slave, in whatsoever State he may find
him, and carry him back to the State or
Territory from which he escaped
(Prigg rs. Communicable Of Pennsyird.
mia, l6 Pet., 53o) This bill, therefor,
contcrs no right on the owner of the fu-
gitive slave I; it only gives him an aP-
pointed and pcaccable remedy, in place
Of the more exposed and insecure, but
not less lawful, mode Of selfredress.-
And as to The fugitive slave, he has no
cause to complain Of this bill il adds
no coercion 10 that which his owner