Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1850-11-15

OLD SERIES, VOL. Is, NO. 7.

efAht W Ai' k'h'AaA lNNftoA'ha " WV hAfff she
the consequent legality of,he custody and con-
Gnement to which the fugitive slave may be
subjected under IL, proceed TO brief consid-
Grafton Of the moro particular question you
have proPounded in reference to the writ Of
habeas corpus, aud Of the last clause Of the
sixth section, above quoted, which gives rise
To that question.
Ny opinion, a. before expressed, is, that
there is nothing In iha, clause or section which
conflicts with, OF susPcnds. or was intended
to suspend the privilege Of the writ Of habtss
corpus think ~, bcvause the bill says no,
ono word about the writ; because, by the Con.
siitu,iOn, CoOgress is expressly forbidden to
suspend the privilege Of this wnt, unless
when in cases of rebellion or INVASION the pub
lie safety may require :" and therefore tho
,uspsnsoa by ihis act (thsre being neithsrrc-
bollion nor invaiion) would he D PLAIN and
palpable violation OF the Constitution and no
intention to COMM, such a violation Of tho
Constitution, Of their duty, and their oiihs,
ough, to be imputed To them upon mere con.
s,ructions and implications, aud thirdly, BE-
cause there il no ibcompaiibility between
these provisions Of the bill and the privilege
Of the writ Of habcas corpus, in It's uimos,
constitutional latitude.
Congress, in the case Of fugitive slaves, a. in
III other cases within the scope Of IN, eonsiitu.
lional authority, has III, unquestonablo right
To ordain and prescribe for what causes, to
vha, extent, and IN what manner, person,
may be taken into custody, detained or im.
pri.oucd Without this power they could
no, fulhl their constitutional trust, or perform
the ordinary aud necessary du,ies Of govern.
ment. I, was never heard tia, the e1eTciSe
Of that legislative power was an oncroachmen,
upon or suspension Of the privilege Of the ha-
beas corpus. II j. only by some confusion of
IDEAS that such a conflict can be- ,upposed TO
cNi,,. /, is not within the province or PrIyi.
lecc Of this crra, writ to loose those whom
the law has bound That would he tn pot a
writ grated by the law, in opposition to the
hw-to maks onc part Of the law destructive
of another. This VII, follows the law It's
issued upon proper complaint, to make IN
qury into the causes Of commitment or i'm
pri.onmeni, and rs sole remedial power and
purpose is to deliver the parry from "all man.
rerofiIlcral confinement" % Black, Com,
1917 II upon application to the Court or
Judge for this writ, or II, upon It's return, il
shall appear that the confinement, complained Of
Naslnwlul, the wit in the fret instance would
be refused, and in the la, th- Pary would
be- reminded tn his former lawful custody.
The condition Of on; in custody ~ fugi.
tiyc slave. under this law, 80 far ~ respects
the writ Of habcls corpus, is precisely the
same a. that of an Other prisoners under the
laws Of the United suics The privilege n
tia, wit remains alikc ,o all ut them, but TO
h. lutged of-gran,'d or rciused--dischargcd
or cuiorcd-by the proper tribunal. Accord
ing 20 the circumstance, of each case, and a'
the commitment and detention may appear to
be legal or Illegal.
The whole effect Of the law NAV be thus
briefly stated. Congress mas consulted ,ri-
bunal with exclusive jurisdIciiction, 20 deter.
mine .ummarIly, and without appeal, who
are fugilivcs from service or labor under the
second section Of the fourth article of the con-
.itu,ion, and 10 whom such service or labor
Is do. The Judgment Of every tribunal of
exclusive jurisdiction, where no appeal lies,
is OF necessity conclusive upon every other
tribunal. and therefore the Judgment of the
tribunal created by this act Is conclusive upon
all tribunals Wherever the iudgmen, Is
made ~ appear, il is conclusive Of the right
of the owner to retain in his custody the fugi.
tive from his service, and to remove hm back
to the place or state from which he escaped.
II 1t is shown upon the application Of the fl'
ciiive for a writ OF habcas corpus, II prevents
IN, issuing Of the wri--if upon the return Il
discharges the wri, and restores or maintains
the custody.
This view Of the law OF ,his'ease is fully
sustained by the decision OF the Supreme,
Court Of the United States IN the case Of To-
bias Watkins, where the Court refused to die.
charge. upon the ground tha, he was in cusio-
dy under the sentence Of a court Of competent
jurisdiction, and tina, judgmen, was conclusive
upon them. g Pet 2O2.)
The expressions used IN the las, rlluse Of
the sixth section, that the certificate therein
alluded to " shall preyen, all molestallon' of
the person. 10 whom granted, "by any pro-
cess issued, &c, probably mean, only wha.
the act ol 1898 meant, by declaring a certiii'
cate under tha, act a sufficient warrant for the
removal Of a fugitive, and certainly do no,
mean a suspension Of the habeas corpus
conclude by repeating my conviction, that
ihero is nothing in the bill in question which
conflicts with the constitution, or suspend, or
was intended to suspend. the privilege Of tho
writ Of habeas corpus,
have the honor TO be, very respectfully
sir, your obedleni servant,
To Rs PreaderL J. J. CRIrrrsDrN
RuLlsG PissIoS STRoS0 ~ DrATh.-lhs
following laushable anccdoie OF the iuneIal
Of a Bristol Alderman, is told by Souihey
A. soon rs he knew his case was desperate,
called together all the persons to whom he
was indebted in hi. mercantile concerns
Gentlemen" said he" am going to die
and my death will be an Inconvenience to you
4 -. 4 I.f... raU