The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-11-28

Fugtves from justice be seized and carried away
without inquiry and legal process; fugilves from
service may be taken anywhere by those having legal
claim and by force of the legal title carried from the
State Ii it be said that person may be seized and after
this summary inquiry carried away, who is not fugitive
from service, and thus citizen may be temporarily and
perhaps finally deprived OF his liberty because he may not
find means TO defend himself where he is carried, may
be said also that person may be carried away VINO IS
not fugitive from justice and may be unjustly and op
pressvely dealt with in the place to which he Is trans
ported
The truth is, the constitution has in view neither of
these cases II provides great general rules and powers,
leaving 10 legislation TO guard and limit the practical ap
pcaon OF those powers, 80 that injustice shall not De
done and Opportunity = given ioI nasee ss
their powers, but by means proves that the action OF
the legislature ereeeds its powers IL nens the consttu
ton leaves to Congress 10 determine hoo the claim shall
be made evidenced, and determined, upon which the iu
gitive shall be given up. cannot perceive why this sum
mary inquiry by commissioner is not constulionally
sufficient however preferable you or i might consider
some other manner OF proceeding to be.
The next question is, whether this act contrayenes The
first section OF the third article Of the constitution. This
article relates 10 the judicial powerof the United States
and vests il in Supreme Court and such inferior
courts as Congress may establish, the Judges OF which
shall hold their offices during good behavior and shall re-
ceivo stated salaries, not TO be diminished during their
continuance in Office. The argument. as understand IT.
is that the commissioners under this act exercise JUDICIAL
power; that they not judges during good behavior
and with stated salaries and their jurisdiction is un
constitutional . s& .as "N '
1t is impossible to come 10 safe conclusion upon this
any other rule oil the constitution, by an examination
OF its mere words.
II has reference to great subject in the minds Of s
amers and unless that is seen, the terms employ ed VII
not be understood intended No one who keeps this
in view can suppose that this clause OF the constitution
intended 10 conne all Judicial inquiries, q what
ever nature, to judges described in this article Il were
So no master chancey could act in the administration
OF that system of equity which the constitution itself
provides for and in which those judicial officers had Tor
ages been necessary part. No commissioner OF bank
runt hp cal ar nv
law which Congress, pursuant TO the express power IN
the constitutions might enact. No Commissioner Of Pat
ens could pass the claim OF an inventor, or the con-
ficng claims Of different inventors No justice OF the
peace, in the Territory which the United States might ac
quire Tor its seat OF government could discharge those
duties so long and uefully known to the people And
Congress could not delegate 10 any commissioners a
special and limited power to make any judicial inquiry,
for any purpose without bringing them within the requ
sitions OF this article may be added that the practce
OF all departments OF the government since It's existence
has upon this assumption been continued series Of yio
a,ions OF the consultation This hardly admissible,
and feel obliged to look for other Interpretation
To solve this question, so lar as 1t affects the matter
before it. seems only necessary 10 turn 70 the
paragraph in the constitution, which, by detalng
the Subjects OF the judicial power, shows what is the
meaning of those words in the preceding sentence
The only clause which can be supposed TO touch these
proceedings is arising under the laws OF the Uni
ted Saies and the question Isl whether this summary
proceeding is within The meaning of the constitution
| euse arising under the laws OF the United States
This seems 10 me 10 be answered by what has here.
toore been said respecting the nature OF this proceeding
One definition given OF "a case" under this clause is
"a suit in law equity instituted according to the regu-
lar course OF judicial proceedings" g Storys CONS on
Const 5O7) The form of the definition may be varied
but does not 10 me that summary INQUIRY de-
signed 10 operate as condition for executive action 70
order to accomplish special and limited object and
try and finally determine the right between party
and party, be considered "a case fo the judicial
power of the United States TO be tried only by such Judge
as the constitution provides.
! Many instances may be put i'll which inquiries, IN
their nature judicial are proper pfelimnaries 10 the ac
ton OF the government where the government cannot
properly ACT without such inquiries and yet they are
manifesy to which the judicial power under
the constitution extends and accordingly the mode OIL m
quty and the officers by whom il shall be made, are
within the discretion OF Congress. The question who
the ghtful claimants OF money held by the govern
ment under treaty. and how much belongs to each Is
one instance The government has the power 10 refuse
to pay any part TO any II desires 10 do justice and
for its information has these inquiries made as
condition and guide Of its action Of like nature, go
far as the power of government is concerned seems 10
me- are the inquiries which directed by this law lhe
government has the power to refrain from acting al all
i thinks it proper TO act in aid Of the MASTER who, by
force of The constitution, may seize and carry away the
slave without the aid OF the executive power But, be-
fore the aid OF the executive power shall be granted,
Congress directs that certain inquiries shall be made and
that the executive power shall be used only upon the
finding by the appointed officers oil certain facts can.
not why Congress may not require the marshal 10 ac'
on these conditions il il sees tit so 10 do t.E.
Let me not be understood 10 entertain the opinion that
by changing the form OF proceeding, or substituting
summary for regular Judicial proceeding Congress can
zen The inquiry will arise in every case, which have
heretofore endeavored TO consider in this case whether
Congress has the right 10 adopt and apply such pro-
ceedng the particular class o cases, and order the
Executive 10 act upon the result OF such proceeding
Having the opinion that in this class OF cases
Congress may do so, feel no difficulty in saying tAa
such proceeding is not CASE, within The meaning o.
the constitutions be tried only by judges holding the
offices during good behavior and for stated salaries
AS TO the objection that the act 10 question suspeno'
the writ OF habeas corpus have before You tue opn
ion OF the Attorney General OF the United States, and
course YOU do not desire mine II be OF any importance
thai this objection to the law is not tenable,
Ibave expressed the best opinion which can form OF
these questions have treated them merely as question
of law Ii is nothing TO you executive officer, moi
10 me as your legal adviser what the law ought TO be-
what is being the only rule for your action and M
consideration
b. r. CURTIS, l6 Court street
| BosTos, November 9, 1850.
j The Southern Convention.
| pssoluoDs Of The NdshpIk Conuentton-Recomn1end