Weekly national intelligencer., 1850-11-09

L
harmony OF its different sections, and who desire that quiet
good feeling and aterna Affection in the earlier years Of
the Republic, shall and hencefoward prevail be-
tween and brethren of the South respectfully unite n
request that despite the many years which have
crowned you with honorable old age, you will consent
preside at the meeting to be convened the ensuing Sa-
turday evening in The City Hall, for the purposes above
| expressed. Very respectfully, &c.
9. L. VALLANDIHHAM,
LUTHER GIDDiNGS,
d. G. FITCH,
RICHARD GREEN,
T. ]. 8. SMITH,
GILBERT KENNEDY.
To Hon. Jos. H. GRAMS, Dayton
Judge Cranes Reply.
DArTos, OcToBEa 25, 1850.
GENTLEMEN Your letter of the 23d instant was handed
yesterday should readily comply with your request
if sanctioned by the meeting, able to do But in
the present state Of my health munabe attend still less
to take part in public meeting, which may and probably
will be protraced to late hour in the evening.
most cordially in the wish you express that quiet
good feeling aterna Affection and may add, the old good
humo in the early years Of the Republic may
and henceowad prevail between and brethren Of the
South
While no one will question the right of the citizens nd
vduay collectively express their views and opinions on
all questions affecting the public interest," it must be granted
that those opinions when publicly announced equally the
subject Of discussion and criticism.
The resolutions adopted at public meeting held in this
city last week the Of Congress of last
commonly called the fugitive ave act unjust and op
pessive inconsistent with the spirit Of institutions and
the rights Of under hem and dgracefu the Govern
ment Such the general charges; the specifications
that marsha, &C. compelled under heavy penalties,
obey and process issued under this law subjected
TO liability for the escape of such fugves whether with
without their This would rather an objection
to the law than to this particular of Congress-
Shers and other ministerial officers compeable COM
law to obey and execute all lawful process them d
reccd, and subjected to heavy penalties for neglect refusal
The common law makes the sheriff. &C. liable for the
escape Of prisoner in his custody whether voluntary
The marha by this act is only placed in the predca
nent and subject to the responsibility sheriff
need only refer the opinion Of Mr. Crttenden the At
torney General to dspove the specification that this
ders Intellectual suspends the writ Of habeas corpus This
writ is writ Of right and every judge proper appca-
ton to him, must issue it and when the party brought be-
fore him determine whether the imprisonment be legal
This writ only be suspended by Congress the
cases specified in the constitution
The complaint that this law makes the petty officers of
the judges questions Of personal liberty and perpetual
slavery without appeal review, applies with equal force
the act of 1898, which the law Of the land for than
half century. That act gave the summary remedy;
authorized the arrest of the alleged fugitive by the claimant
his agent attorneys gave the circuit and district judges Of
the United States Courts any magistrate Of any county,
city, town corporate where such arrest made, ursdc
ion to hear and determine without jury and without sp
peal review and the certificate Of such Judge magistrate
sufficient the fugitive the State or
Territory from whence he fed.
The principal difference this respect between the of
1893 and this act amendaoy and supplementary thereto is
that Commissioners appointed by the Circuit and District
Courts Of the United States substituted for The county,
city, and town magistrates and though petty officers rather
judges Of limited jurisdiction, will probably be found quite
well qualified hear and determine their predecessors
der the act Of 1893 Judge Story, his Commentaries on
Constitution, has shown the and necessity Of this
summary remedy, adopted in 1898 and continued under the
amendatory and supplemental act Of 1850.
It is further objected that this act under certain ccu
Stances compes the removal Of the fugitive to the State from
whence he fed by the marshal and the expense of the
United States The Constitution the owner the
Of recanng his slave in any State into which he has
escaped The Supreme Court of the United States has dec
ded that Congress has the sole and exclusive power Of ega
ton this subject and to carry into effect this provision
the constitution. The 1898 well that of 1850 has
esabhed tbunals hear and determine OF this
crpbn. But the jurisdiction Of court would be MANNED
and defective without the power of carrying its judgments
into eeciual execution This amendao Of 1850 has
guarded against the forcbe of adjudged be
fugitive and bound to SERVICE by requiring the marshal
move him to the State from whence he fed and empowering
him to summon assistance to overcome such appehended
force The sheriff may command the power Of his county
the process Of the court s forcby resisted This act
in the case specified gives the marshal similar power to en-
force the Judgment of the Have we not reason to be-
ieve that in many such Judgments would prove wholly
nugaory and unavang without such provision for en-
forcing them But 9" is the oath of the claimant and
at the expense Of the United States He is the one most
likely to be appzed Of intended rescue and to feel
tensions Of its success and the proper person to make the
affidavit And why should this extraordinary expense fall
on the claimant The constitution has secured the right Of
ecapture he has established that right before the tribunal
created by law to hear and determine such questions and
ought not the Government secure to bin the benefit Of
such judgment against unlawful force and violence
4 have gone through the specifications in suppot Of the
general charges contained in the resolutions However thew
may affect others, they do satisfy my mind that this
amendaory and supplemental act deserves the character
i given to il by those resolutions. M
i am, gentlemen, very respectfully yours, &c.
\ JOSEPH H. CRANE.
/ To Messrs GREES, KENNEDY, GIDDISes,
4 VALLASDIeHAH, FIrcH, and SMrrH
| This letter was SO entirely in accordance with
the sentiments Of the meeting that it was, as the
Dayton papers state, "received with the most rap
4 n. ~