The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-18
The Fugitive slave Lsw-Orinion Of Mr
(rItseudru.

ATTORNEY GsNEh.Ls OrEicr. Sept. Is 1850.
sn II have had the honor TO receive your not. OF
this date, informing that the bill commonly called
the Fugitive Slave bill having paced both houses Of
Congr,ss had been submitted to tor Jour conside
opinion whether the sixth section OF that
peciay the last clause Of that section conflicts With
the provision Of the constitution which declares that
the privilege of the writ Of habss esPs shs not he
suspended unless vhcn In OF rebellion invA.
zion The public safety may REQUIRE !. ~
indeed in any part Of the provisions Of the se.
which Suspend or intended 10 suspend the privi
lsgs Of the writ CT haeaf corpus, T. Ia any
IN conflict with the constitution.
The constitution in the second section Of the fourth
article dsclares that no person held 70 service or
labor in State under the laws thereof escaping
into another, shall In con'equencs of any Law or
lstion therein, be discharged rom such service or
labor but shall BE delivered up claim % the party
TO whom such service or labor may b. dusn
1t well known and admitted historically an Judi.
cslly. that this clause Of the constitution made
for the purposr OF securing to the citizens OF slave
holding states the complete ownersh,p n their ssv.s
property IN any and every state or Territory Of the
Union into which they might escape (Prigg "a CON.
mohwsslsh OF Pennsy vania. 10 Pet 539l IL d-vov-d
on thu general government as a solemn duty. to make
that security seetual Their ro~er only clear
and TOLL but according TO the opinion Of the court In
the sbo,. cited case IL vas exclusive the states .vs
rally being under no obligation, aud haviug power
&C. make laws regulations in respect 10 toe delivery
oiiosi,ives Thus the whole power. and with it the
Whole duty Of carrying into effect this portsnt pro
vision 81 the constitution. was with Congress and
accordingly soon after the adoption Of the constitr
that proving unsatisfactory ana iBsscent BY reason
(among other cnuesf Of some minor errors IN It's DO
charge CONSTITUTIONAL obligation by securing more
ehectualy the delivery OF fugitive slaves 70 their
ownsfs The ssxth and most material section In sub.
stance declares that the claimant ~ the fugitive sve
may and carry him before any "a the officers
aud ,scribed the BILL and provides tina. these
ohce aud each a thu shall have Judicial power and
jursdIctior 20 hear examine and decide the case 10
n SUP mary tanner; that N upon such hearing the
claimant - The requisite proof shai establish his
tpted tire said tribunal shall give bin csrtidcste.
stating therein the substantial facts Of the ani
auihotsius him. with such rea-oDsbls force ma
BE- necessary TO take aud carry ssii fugitive back 10
The State cr tsrrit-ry whence he or she have
sTbe c,rtscstss in this and the irst sscoa lenton
cd stsu be conclusive Of the right Of the person
psrt'ns ~ whose favor granted, 70 remove such 10
gfive the state terricry from Which no escaped
and shsll prevent all moderation 81 sucb person
p,r,ons BY any process issued by any court Judge,
nsetrtrste, or other person whomfntvor"
There Ia nothing In al this that does not seem TO
60 be ecnsistsnt with the Constitution and necesssy
se -, pI.dss s.ss :, eSs'.si shs;
their cwbefs
Ihs supreme Court Of tb. United slste. ha, decided
Tat the cNber, independent Of any ed from State or
rational legislstion, may in virtue Of thu
sinutisn SOD his own rishtof property. ssize aud
nsy end him, carry Rim bach the state or Ter.
ritoit NON Witch he esesped Ptisg W Common
v,slh ~ ptnnsyivanis 1e Pet b3gJ This bill there
nv confer, no right the ovDsr Of the Fugitive
slave. II only gives bin appointed ana psaceahls
rtnccy IN place of the more exposed and insecure
hot ut ists lawful mode Of feliredress And o 20
the might've slave, he has " complain q this
bill. q acds ne coercion 20 that which his him.
t-lf might Of his will rshtiuliy exercises and all
the trce-vdit r. witch " in-ttutes but much
tfoiosrly judieis suthorry. in'erposed between m
aud hts and cons quentiy 81 protection to him
mitigation Ct The exercise directly by the owner
himself Of his per opal su hority. ibis Il the const
tu;icbsl and l-gsl view OF the subject ne sanctioned
~ u. DECISIONS Of the supreme Court, aud 20 that
limit rnJs.n
Tho act II i3h February 1874 before alluded 10 .,
far - W f.fr.rt. constitutional question thar
erie. cut n hts hill v Identical With A. ~ h0rres
the lie srsft of the fugitive slave tb. like trial the
lss sLcp nent the like certif,a,s, with the hss su
tturny "a The o-nor, By virtue Of thst eeriacsts
hp wBiaht 90 rsroer hin IN the stst- or Territory
lem nliSl b. sscsrtl. And the eonx,tutlonality Of