The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-19
top Of the law, In the irst case that was to arise

ton Of the law, In the first case that was TO arse
In this community.
Mr.. Thomas concurred in all these suggestions,
and added that he should much prefer to have the
warrant issued by the court, but that applica-
ton had already been made to the judges private
ly, and that they could not grant warrant,
which might involve summary hearing of several
hours, on account OF the tendency Of an importan
Patent cause then trial before jury, which
had lasted several days, and was hkelyto continue
for several days longer. To this, replied that
in my opinion this matter ought to be presented TO
the judges, and, if necessary, TO the counsel and
parties engaged in that trial, IN light In which
they probably had not viewed it-that II was OF
great public importance, that the first hearing un-
der this new law should be so conducted here, as
to prevent the dangers of rescue, and that, in
order to this the ordinary Business OF the court
ought to give way for sufficient lei 9Th of time to
enable the judges to receive this application and
TO hear the case, If an arrest should be made.
then stated to the parties my determination to
semble the commissioners Of the court and to have
an interview with the dges and to lay before
them the public reasons why this warrant should
issue from the circuit court. Mr.. Thomas as
scented to this course, my assurance that if
warrant could not be obtained from the court at
before nine o'clock the next morning, would
grant it myself.
l then proceeded Immediately to get the other
Commissioners together, and we (being four in
number, viz Mr.. Edward G.. Loring, Mr.. B. F.
Hallett, Mr. G. L. Woodbury. and myself,) re-
paired to the Circuit Court. On private ntimn-
ton to the presiding judge of our desire to confer
with hin, the jury were dismissed at an earlier
hour than usual, (half-past fve) and every person
present, except one of the marshal's deputies,
left the room, and the doors were closed. We
then stated to Mr.. Justice Woodbury. that a war
rant necessary to be granted, and our reasons
for thinking it of the highest public expediency
that it should be granted by the After hear
ing our views, the learned judge said that he had
already conferred privately with the counsels
gagged in the on trial, and had so far obtain
ed their consent as to enable him to say that he
could give some hours to this hearing; if an arrest
should be made, and that he would attend at the
Courthouse, at half past eight O'Clock the next
morning, to grant the warrant, out of the Circuit
Court, il we would obtain The attendance Of his
associate. the district Judge, at that'nour. We did
obtain his attendance, and the warrant was issued,
out Of the court and under its seal
An absurd statement has been made, that the
fact that VIM. Crafts about to be arrested,
: became public or it was phrased "eaked out, I"
at this interview between the commissioners and
the circuit Judge. Not one OF the gentlemen pre-
sent, except myself, knew the name of the alleged
. fugitive, and it mentioned by me in the course
Of the conversation.
Nv knowledge Of the occurrences which took
f place after the warrant issued, is confined
chiefly to the circumstances under which the mar
, shall took an opinion Of counsel TO his duties
and powers, and the reasons why he did A pro-
cess was placed in the hands OF the marshal,
which he was to eXecute under very heavy respon-
sibilities, and in the execution of which he might
be called upon to breai open dwelling houses and
perhaps to take life, by queng resistance, actual
or threatened II was a process of novel char
ncter, and there is no sound lawyer in this coun-
try who will not tell you that it required delibera-
ton and careful inquiry, to ascertain what degree
of force the marshal light lawfully use in its eX-
ecuton. If it was TO be considered civil pro-
cess issued in the mere interest of a private midi
vidua, the marshal's powers and duties night be
in some respects diiTereRt from what they would
be, if it should be considered as public process,
in the execution OF which the United States had a
direct interest. Clearly, therefore, it was the
shal's right and duty to be advised upon these
, points.
, The marshal applied for such advice to my
+ brother, Mr.. B. R. Curtis, and stated in writing
I two questions, relating to the degree Of force
which he might lawfully use in the service Of this
, process Mr.. Curtis happened to be the senior
counsel on one side Of the then on trial in
, the circuit court, aud could not give immediate
: personal attention to the mafshal's application.
f AT his request, however, devoted at once good
deal Of time TO the necessary investigation Of the
, subject and as soon as he was released from the
. court house, and on the same evening we con
, ferred together about IT. In Il course Of that
conference, MY brother suggested that, although
q the present warrant had been issued out of the
, circuit court, yet, as case would be very likely
, to arise of a warrant issued by commissioner
, and rs the marshal had determined TO take al
1 opinion, it would be well that he should be adj
. vised of the validity of a commissioner warrant,
which would open the question of the on"titutlon-
, ! altv Of the law. This was the more important
as great pains had been taken in this neighbour
hood to make people believe that the law I'M
constitutional so far as it gave jurisdiction to the
, commissioners. This suggestion | communca ed
to the marshal, and he thereupon added to his
former questions to the counsel a question con-
E corning the validity of a COMMISSIONER warrant
7 Mr.. Curtis opinion was prepared, and it was
an elaborate opinion on all the questions submit
q ted to him by the marshal, defining his powers
II and duties in the execution of the process which
:, had actually been issued, and also sustaining the
a validity Of a Commissioners warrant, which
might be placed in his hands for service.
r. At the request Of those who had a ri ght 10 re-
= quest it, the latter part Of Mr.. Curtis opinion
q in which he discussed the constitutionaty Of the
law, was published but for obvious reasons the
marshal did not see fit to publish to the world tina,
part Of the opinion which defines his powers
rights and duties in the actual execution of war
e rant to arrest a fugitive slave. In consequence
d Of the publication of part of the opinion only
II the n:arsha's position and motives have beer en-
tirey misunderstood. He never raised any ques
?, ton as To the consuionality Of the law, bu, tina
question Of necessity had TO be cons dered and dis
n cussed, in order to answer the marshnls question
# whether his powers, rights, and duties would be
a in any respect different under warrant issued by
II n Commissioner TO what they were when issued by
l. a Court. No lawyer, and no ayman who under
stands the point, will doubt that it proper for
the marshal to he advised on this question.
. cannot close this letter without saying that
- | for a long course Of years, | have been familiar
!, with the administration Of the laws of the United
- States, and the working Of the judicial department
Of theF and that, in my opin-
ion, there is great deal OF legislation needed Ia
+ make theGeneral Government independent ofState
control, and independent of the powe Of mobs
whenever and wherever its measures chance to be
unpopular. The United States have no jaiIs, and
= the law Of this commonwealth fnrbids the use OF
, its alls for the purpose of holding fugitive slaves
. Even to detain ordinary criminals, or witnesses
obliged to he ncarceraed, the United States is en-
tirely dependent on the courtesy the States, and
may have the of the State ails taken from
r them at any time when it suits the caprice Of a
! State to withdraw it. In my opinion too, the
office Of the United States marshal is 10y no means
p org Anized and fortified by legislation az it should
subject ought to be revised by the best urists and
the best statesmen in the country.