The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-18


creed or The wings Of the Empire State and the dissolution
Of the Union is inevitable Let them bear y upon The
iederacy viii become disafeced Tor The people Of the
South will then that the promises OF the consun'
States They will feel that the pledges Of the North have
been written and, retiring within their own Dor,
pre- pare as best they may the consequences.
The only discreet in Judgment! for the con-
aoa. % Ssoaa =. Uno
tona doctrines and al further agitation upon the sabsc.
Of slavery Upon this basis they may renominaie the
Syracuse ticket and upon the acceptance Of the nominees
and the adoption by them Of the national platform, we
may go the with the hope OF an hon
orable victory.
The Fugsuve-siavs Law-Mr. Crittendsn's Opinion.
We publish in another column, from the Republic Of
yesterday, the opinion Of Mr.. Crenden the Attorney
General, on the fugve-slave law. II seems that
Mr. Fillmore entertained doubts TO whether the
law did not violate the constitution by suspending the
writ Of habeas corpus in fugtvesave cases. as the abo-
onsts and negro sympahizers contend. He therefore
submitted those doubts TO the Attorney General for his
legal opinion and advice We cannot how MIR. Fill
more could have entertained any doubts the subject
The subject seems mind perfectly clear The
stituon requires that fugves from justice and fugtves
from service shall be delivered up. The recent law ap
points the tribunal which shall determine whether per-
SON claimed as fugitive slave does in fact service
to the claimant; and il prescrbes the manner in which
that fact shall be established and the evidence which
shall be sufficient for that purpose Then it proceeds to
say after the fact has been proved by competent tes-
nony before the proper tribunal that person claimed
as fugitive slave really owes service to the claimant
he shall be delivered up in obedience to the re-
quirement of the constitution; and the person TO
whom he is delivered shall receive certificate OF
the substantial facts proved, which certificate shall
prevent all molesation OF said person persons by
any process issued by any court judge, magistrate or
other person whomsoever." That is all. The writ Of
habeas corpus is in no involved The law simply
says that when the proper tribunal has decided the
il shall furnish the evidence of its decision in the form OF
certificate and that the certificate shall prevent be
sufficient answer any process from different tribunals
that have no jurisdiction Of the which has been de-
cided and are consequently incompetent to consider the
validity of the decision We put this Congress
empowered by the constitution 10 define and punish pra
ces committed on the high seas 1t has passed law de-
fnng piracy on the high seas, established tribunals to
try the fact of piracy and prescribed by law the evidence
necessary to prove that fact Now, suppose is charged
with piracy and committed prison he is tried before
the proper tribunals the fact Of piracy is proved by eg
innate evidence; verdict Of guilty is rendered; sen
given to the United States marshal. setting forth h'
charge, trial, and conviction, and repairing him a
a particular time and place to hang the pnsone
by the neck until he 10 dead Does any one pre-
tend that in such case the marshal can be righully
molested" in the discharge Of his duty by any
issued by any court, judge, magistrate, other person
whonsoever" that has neither appellate jurisd icor
nor the pardoning power Such an idea would be pre-
1911 Il. L.. 1.
State court would be at met by the presentation
the marshas warrant So il is in all other criminal cases
or other cases which require the custody Of the party
Yet no one has ever believed for moment, that the wr
OF habsas corpus has been suspended But seems
that all at once the force and virtue OF that writ entirely
misunderstood. II had the power to take mar
from lawful custody. II had any other effect thar
to enable prisoner to test before competent tribu
nal the legality of his detention. And the constitution
in prohibiting the suspension Of that writ except in times
OF instruction and public danger, says than tina
in times of peace and tranquility man shall be imprs
oned or held in custody without the privilege of having
writ issued which shall test before competent tribunal
the legality OF his Imprisonment custody. That is all
and il the imprisonment or custody is lawful the matter
ended and the writ of habeas oorps is as worthless
piece of blank paper In the have supposed thu
man charged with piracy, and committed the charge
would unques,onably have the right to test, by writ
hobeas corpus the legality Of his commitment and deten
ion any time before the court had pronounced him
guilty Then he must rely upon appellate tribunal
II there is appellate tribunal there is power to re
verse the decision Of that court any writ which might BE-
issued by another court, Judge magistrate would BE-
issued by an authority having Jurisdiction in the
premises. and would at once-even were il writ Of
habeos corpube rendered nulty by the record of
victon So in all other cases-so in the case OF fu
gtive slave Any person arrested and held in custody
fugitive slave may the validity Of his arrest and de-
tenon, under writ Of habeas corpus from court Of
competent jurisdiction. And all that the late law says
this After the tribunal established by the law has de-
cded on proof that person claimed fugitive slave
does owe service to the claimant, court, Judge, OF
magistrate not having jurisdiction, shall interfere with
that decision; and il such court, Judge, magistrate
should interfere, by wrs Of any kind. the certificate Of
the competent tribunal shall be sufficient answer L
such wri,s. We cannot see, then. any REASONABLE,
foundation for any doubts upon the subject
Look OUT ron MAT~HoBBxRms --Simutaneous with
the Of the great robbery Saturday night-whct
occurred through want Of proper care-cums report
removal Of one Of the old and experienced mail agents
the New York line. Upon inquiry yesterday we found the
correcMr John d. Idovd ha wing been removed