Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1850-10-28
The Fugitive Slave Law.
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OPINION OF MR.. CRfTTENDEN.

Ihe fu8tttve DIave Law.
OPINION OF MR.. CRfTTENDEN.
ArrosxEr GExERAL's OrrlcE, I
18th September, 1850.
SIN: have had the honor to receive
your nofs of this date, informing me tho.
lhe bin commonly called the Fugitive
Slavs bill, having passed both Hou.es Of
t;snRrsss; had bselH submitted to you for
Sosf cousdera,iops approval and sigma
,ure, srd sequesting my opinion whether
,he sixtk section of this act, and especially
The last, clause Of that section, conflicts
with The provision of the Constitution
which declares that "the privilege Of the
writ Of habsas corpus shall no. be suspen-
dsa. unless when, in case es rebellion or
invasion, the public safety may require
ii"- - p - -as
II 10 nv clear conviction that there is
nothing il the last clause, nor in any part
nf the sixth section, nor indeed in any part
nf the provisions Of the act, which sus-
pspds, or was intended to suspend, the priv.
elege OF the wri, Of ha6eas corpus, or is
in any nanner in conflict with The Consti.
tt1tl0n. -s- r.
The Constitution, in the sscosd section
of the fourth article, declares that ''no
berson held to service or labor in one
Stats Under the laws thereof, escaping in
10 another, shall, in consequence Of nny
Law or regulation therein, be discharged
from such service or labor, but SHALL be
delivered up on claim Of the party 10
whom such service or labor may be
due. Fl !.;,tfis +>.; = c,t1e= y
If.issi we'll known and ADMITTED, historical
ly and jsdicially, that this. clause of the
Cons,i,ption was. made for the purpose ,;os
securing 10: the = citizens of ssraveholding
States the complete ownership in their
slaves, Us property, in any and every
State or Territory Of the Union into which
they might escape. Pugg vs.. Common
,vealh, Of Pennsylvania, l6 Pet. 539 }
l. devetsd-on The General Government, as
solemn duty, 10 make that security effect
ual. Their power was not only clear and
full, hut according TO tho opinion Of the
court, in the above cited case, it was exclm-
sire; the States, severally, being under
10 obligation, and having no power 10 make
laws Or orregulotions in respec. to the delive-
ry Of .fagiiisos. Thus the whole power,
and with the whole duty. Of carrying
Into effect this important provision Of the
Constitution was with Congress. And nc.
corsiingly, soon after the adoption Of the
Constitution, the act Of 18th Feb, 1898,
was passed. and that proving unsatisfacto-
ry and inefficient, by reason tamong other
causss} of some minor errors in its dstails,
Congress are now attempting by this bill 10
discharge a constitutional obligation, by
securing more effectually the delivery Of
fugitive slaves to their owners. The sixth
and Bost material section iR substance de-
clares, that the claimant Of the fugitive
slave may arrest and carry him before any
pf tho officers named and described in the
bill, and provides that these officers and
zach Of them shall have judicial power
d jurisdiction to hear, examine and decide
the case n a summary manner; that, if
upon such hearing, the claimant, BY the
requisite proof, shall establish his claim to
the satisfaction ofthe tribunal thus consti.
tutsd, hssaid tribunal shall give him a
certikcaiA stating therein the substantial
facts oc The case, and authorizing him.
With such reasonable force as may be- nee.
essary, Ia. lake md carry said fugitive bnck
TO the Ssnse or tefritery whence he or she
may have escaped, and then in coucl clusion
proceeds ss follows: a'rhe certificate in
this and the tirs, mentioned shall be conclu-
s;ys Of the righ, Of The person or persons,
in nwhoss favor granted, to remove such fu.
giiive to lheStaie or Territory from which
he escaped, and shall prevent nll n1ofesta.
ton Of such person Or persons by my pro.
eass Issued by any court, judge, magistrate,
ar other person whomsoever."
1'hars is ne,hing in this tha, does net
sseln to me TO be consistent with the Con-
ssisusion, and necessary, indeed, TO redeem
the pledge which it coniains--that such fu.
xi,ives ..sshall be delivered up on claim" Of
their owners. - fzs "a. . -. :.
The Supreme Court the United States
has decided that The owner, Independent. Of
INV aid from Staie OF. National Legislation,
may u virtue oftbe Constitution and his
own right of property, seize and recapture
his fugitive slave in whatsoever State or
Territory he may find him, and carry him
back 10 the State or Territory from which
he escaped. Pngg.vs COMMONWEALTH Of
Pennsyirania, l6 Pet 539 This bill,
therefore, confers no right on the owner
Of the fugitive slave; il only gives lin an
appointed and psaceabIs remedy, in place
ofihe more EXPOSED and insecure, but not
less lawful, mode of self.redress. And as
10 the fugitive slave. he has no cause to
complain of this bill; it adds no coercion TO
that which his owner himself might, at his
own viii, righifnlly exercise; and all the
proceedings which il in sii,utes are but SO
much Of orderly Judicial authority, inter.
posed between hin, and his owner, and con.
sequep,ly Of protection to him, and mit.iga.
ton or the exercise directly BY the owner
himself OF his personal authority. This is
the constitutional and legal view Of the
subject, as sanctioned by, the decisions Of
the Supreme Court. and to that limit my.