Weekly national intelligencer., 1850-11-09

csed an me pot0ers that any justice of the other
magistrate Of OF the United States exercise in respect TO
offenders for any crime offences against the United
States-was TO afford reasonable facilities to reclaim fugi
tives from labor poL p 679 oo g. p. $50, poL
5, p. SIG, u s. Statutes at Large.
Suspension of the Habeas Corpus
The constitution declares that the wrt Of ha5eas corpus
shall not be suspended unless when Of rebellion
invason the public safety demand it, With this limitation
Congress pass law which could suspend it, for such
law The courts would not susan and Of the right would
not be thereby nfDged taken away. The Of 1850
does neither leaves the witt to be granted in the discretion
OF any udse or court having the power award it, The
truth is there be either degree of ignorance
wul misconcepion of the nature and definition of the
writ Of hsbeas corpus Il will discharge held in Gus
tody under due process Of law It's high perogaive writ
which operates merely to release whoever illegally restrain
ed Of his liberty. Il Kenfs Com D. 32l But let us look
to the decisions of the the free States in cases SINH
lar 10 such As may arise under the fugitive slave law for its
true exposition.
In the Of Randall u.s. Bridge, and also Of the Com.
monweah u.s. Brckett, decided in Supreme Court of
Masachuseit the doctrine Of the law follows
"The intention Of the writ Of habeas corpus relieve
from unLaful imprisonment and alter the law au-
thonz ns commitments '-l2 Mass. Rep 54s-553, Pick.
1885, III
Again. in Riley and in the Of the Commonwealth
us Whitney, was settled that convcs those under
cution oy any process civil criminal entitled
the benefit Of the writ. [2 Pick. l72; 10, D. 434l
Among decisions Of NewY Courts there are
which illustrate precisely what would be the result
writ Of hGteds corpus in the of person under
fugitive from justice from labor One Carkes case
which the Court Of Error and Appeals Of that State decid
| ed thai
"Where person is brought on ha5e1s corpus before
court judge fugitive from justce by warrant of the
OF one State the equson of the Executive
Of ano her State the court judge oiN not inquire into the
pro6d6kg guilt OF the accused The only inquiry is whether
the warrant under which he has been arrested that the
fugitive has been demanded by the Executive of the
rom which ne Is alleged to have fed, and that copy of
the Indictment or affidavit charging him with having
mtted treason, felony, other crime certified as auhen-
tic BY the Executive demanding him. has been presented"
| [9 Wend 2l2l
The other the of negro named Jack arrested as
| fugitive slave. In that case the Court said
ln the case Of slave who has absconded from another
State the certificate of the Judge who heard the case on
writ Of habeas corpus delivered the owner conclusive
and writ de honaine repkgando will LIE TO TRY THE
sLAvEsRrGHT TO FREEDoM"-[l2 Wend. 3lI. Same doc
trlne Wrghtus Deacon, Svg. 4 Ra,Ok, Penn Rep. 81
Denial Of Appeal and of Trial by Jury
The opponents Of the fugitive slave law lay great
upon the fact that there right Of appeal from the deci
sion OF the Commissioners and no trial BY Jury. The very
Of the right which the constitution has secured to the
Of slaves in the reclamation of their property conem
plates summary proceedngsn its enforcement Judge STORY
in his Commentaries the Constitution thus dsposes of this
question
I obvious says hey that the proceedings for the de-
livery and removal Of fugves Of both classes contemplate
summary ministerial proceedings and NOT the ordinary
Of judicial nuestigaion ascertain whether the
complaint be well founded, the claim to ownership be
tabshed beyond all legal controversy In of suspected
crimes, the guilt Innocence Of the party be made
his trial. and not upon the preliminary inquiry whether he
shall be delivered up. All that would such
be necessary is that there should be prma ce evidence
before the executive authority to satisfy its judgment that
there probable believe the party guly-such
upon ordinary warrant would justify his commitment for
trial. And in the of fugitive slaves there would
to be the necessity of requiring only prima ace ev
assertion Of his rights by suit at the common law" VoL
| 3, D. CTS.
Now, the Of fugives from justice demanded by the
Executive Of State of the Executive of another every
knows the proceedings always summary and parte
There right Of appeal and trial by jury and, If the
requision conform in all respects the law, the only ques
ton be determined upon the arrest is the question Of den
y and for example, under the treaty Of Washington be-
the United States and Great Britain, of August 8,
842 suspected of crime to be delivered in the
manner upon the proof and more, to British
authority for trial These proceedings have caused
pain neither have they created alarm for the personal
liberty of free white citizens Of the Union How them
that all this sympathy is aroused in the Of negro who
has escaped from his master, and TO whom the constitution
declares he 'shall be delivered up"
If there other ground for refusing trial BY jury in
the State where the fugitive arrested unhealthy
popular opinion rendering quite improbable that equal and
justice could be had for the claimant would be suf
cien When public meetings of respectable ctizensas
Gently by their highest municipal
officer denounce law of Congress ga agrant outrage
upon the naenable rights Of man when such awless
ceedngs as were witnessed Boston mark the suspicion
of attempt fugitive slave and when Senator Of
the United Staies-as in the Of Governor SEwARD-
declares that il is written in the constitutions % violation OF
the Divine LatU that shall surrender the fugitive slave,
and calls upon the people Of free State to defend the fug
tive as then couid their household gods, when these
things occur il is useless to suppose that Northern
jury would be Invested Of all prejudice in the trial Of such
causes
Now as to the danger n which Northern eemen stand of
being delivered up slavery and of the descendants Of
the Anglo Saxon race'-if by these free white be
subjected the operation of this law, there is
very simple apswer. No of free white man being
arrested al fugitive from labor has occurred such
likely ever to occur and free people of color, the
ponents of the Law have searched in vain for single instance
Of the kind Such have sometimes been seized and carried
of by kdnappers it very true but the other hand,
white men have suffered the violence and wrong. In
deed the political character of several of the Northern States
was changed years ego upon the charge against certain
Society Of having kidnapped and destroyed a rebeious
member.
Again. If any person be wronguly arrested is very easy
to try the question Of freedom slavery by the verdict of
impartial jury in the State whence alleged be fu-
give from labor. petition, in the of petition Of
freedom to which the of the Southern States al
ways avoraby inclined and in which the sympathes Of the
community if he have the shadow Of title usually with
the petitioner will speedily settle that question. That these
statements strictly examination of the decisions in
the Southern States will fully attest.
has been held by the Court of Appeals Of Maryland that
If negro slave with the permission of his takes up
his residence in another State whether free slave State
pery in him, either for the purpose Of servude within the
State of sale TO citizen Of the State. Bland negro
Bowling, 9 Gil 4 Johns. 1911
Virginia the case Of Betty ps Horton Is Leigh Rep