Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1850-10-28


more particular question you have propoun-
ded in reference TO the writ Of habsas cor.
pits, and ofthe las, clause Of the sixth
section, above quoted, which gives rise to
that question.
My opinion, as before expressed, is, thai
there is nothing in that clause or section
which conflicts with, or suspends OF was
intended 10 suspend the privilege Of ;the
writ of habeas corpus. think 50 be-
cause the bill says not one word about the
writ; because, BY the Constitution, Con.
gress is expressly forbidden to suspend the
privilege Of this writ, '.unless when in ca.
ses Of rebellion or invasion the public sufe.
,y may require it," and therefore the sus'
pension by this act There being neither
rebellion nor invnsiont would be a plain
and palpable vialation of:,he Constitution,
of their duty, and their oa,hs, ought to be
imputed 10 them upon mere constructions
and implications; and thirdly, because there
is no incompatibilily between these provis.
ions Of the bill and the privilege Of the
writ Of habeas corpus, in its utmost consii.
ts,ionnl latitude. :;',- r
Congress, in the case Of fugitive slaves,
as in all other cases within the scope of is
constitutional authority, has the unquestion.
able righ, to ordain and prescribe, Tor what
causes, to wha, extent, and in what man.
ner persons may be taken into custody,
detained or imprisoned. Without this
power they could not fulfil their constitu-
tional trust, nor perform the ordinary and
necessary duties Of government. II was
never heard that the exercise OF, that legis-
lntive power was any encroachment npon
or suspension Of the privilege ofihe habeas
corpus 1t is only by some confusion OF
ideas, that such conflict can be supposed
10 exist. 1t is not within the province or
or privilege Of this great writ 10 loose
those whom The law has bound. That
would be to put a writ granted by the law
in opposition 10 the law-to make one part
Of the law destructive Of another. This
wri, follows the law, and obeys the law
Ii is issued upon proper complaint, to
make inquiry into the causes Of commit.
ment or Imprisonment, and its sole RENE.
dial power and purpose is 10 delivsr the
party from ''all manner Of illegal confue.
ment." rs Black. Com, 1917 II, up.
on application - the Court or Jud dge for
this writ, or if, upon its return, it sh I'll ap-
pear that.the confinement complained Of
was la,yf',l, the writ in the first instance
would be refused, and in the las, the party
would be remanded;to: his former lawful
custody.
The condition Of one in custody as q fu.
gi,ive slave, under this law, SO far rs re.
spects the wri, Of habeas corpus, is pre-.
cisely the same MS iba, Of all other pris.
.onors under the laws Of the United States.
The privilege Of that writ remains alike
to oil Of them, but to be judged of-gran,ed
or .reiused-discharged or enforced-by
the proper tribunal, according to the cir.
cumstances Of e1ch case, and rs the COM
mitment and detention may! appear to be
legal or illegal.
The whole effec, Of the law may be
thus briefly s,atcd. Congress has cons,i.
tuted tribunal with exclusive jurisdiction,
TO determine summnrily, and without ap.
peal, who are fugitives from service or la
Dor under the second section OF the fourth
article OF the Constitution, and 10 whom
such service or labor is due. The judge
mont Of every tribunal Of exclusive jur,s-
dic.ion,. where no appeal lies, is Of necessi-
~ conclusive upon every other tribunal,
and therefore the Judgement Of the tribu-
nal cren,ed by this act is conclusive upon
all tribunals. Wherever this judgemedt is
made TO appear, it is conclusive Of the right
Of the owner 10 retain in his Gus s'ody the
fugitive from his service, and to remove
him back 10 the place or Stale from which.
he escaped. II it is shown upon applica.
,icn Of the fugitive for a writ Of habeds
corpus, it prevents the issuing Of the writ
it upon the return, il discharges the writ
and restores or maintains the custody.
This view OF the law Of this case is fully
sustained by the decision Of the Supreme
Court of the United States in the case Of
Tobias Watkins, where the Court .eeus ID
to discharge, upon the grou..d that he was
in custody under the sentence Of court Of
competent jurisdiction, and the judgement
was conclusive upon them. IS Pet.,
2o2 -
The expressions used in the last clause
Of the sixth section, that the certificate
therein alluded to "shall prevent all mol,s.
.a.ion' Of the persons 10 whom granted,
by any process issued" &C., probably
mean, only what the &C, Of 1893 meant,
by declaring a certificate under that act
sufficient warrant for the removal Of a. flu
gitiye, and certainly do net mean suspen-
sion Of the habeas corpus ,..5-,...
! conclude by repeating my conviction,
that there is nothing in the bill in question
which conflicts with the Constitution, or
suspends, or was intended to suspend the
priyeleqe Of the wri, Of ha6eas eorpus
have the honor 10 be, very respectful
ly, sir, your obsdient servant,
J ]. CRlTTENDEN.
To THE PRESIDENT. ar,ss, ...z +.