Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-11-08
JUDGE CRANES LETTER.
DAYTON, October 81, 1850


GENTLEMEN: Your letter OF the 2Sd inst was handed
to me Yesterday. should readily comply with your
request, il sanctioned by the meeting, were able TO
do But ID the present state OF my heatn am
unable to attend still less to take part in public meet
ing which may and probably will be protraeted 10
late hour in the evening.
| most cordially concur ip the wish you express that
quiet, good feeling taemal ailecti9n, and may aed'
public may once more and henceforward prevail be-
tween us and our brethren Of the South
While no one will question the right OF the citizens
individually collectively to express their views and
opinions on all questions affecting the publicly interest,
it must be granted that those opinions, when public an
nounced, equally the subject OF discussion and
criticism. !,
The resolutions adopted at public meeting held IN
this city last week the act OF Congress OF last
session commonly called the fugitive slave act as un
lust and oppressive, inconsistent with the spirit OF
our institutions and the rights ofmen under then and
disgracefu to the Government" Such are the gener-
charges; the specifications are that marshals &C.
are compelled under heavy penalties, 70 obey ana e4o
ecute process issued under this law and subjected TO
liability for the escape of such ugves, whether with or
without their assent This would seem rather an obee-
ton TO the common law than to this particular act Oh
Congress Sheris and other ministerial officers are
compellable at common law to obey and execute all
law full process them directed and subjected to heavy
| penalties tor neglect or refusal. The same common
law makes the sheriff, &c liable tor the escape OF
prisoner in his custody whether voluntary or not
| The marshal by this act is only placed in the same
predcamen and subject to the same responsibility as
sheriff.
need only refer to the opinion of Mr.. Crtenden,
the Attorney General to disprove the specification that
this renders Intellectual suspends the writ OF hd-
beas corpus. This writ Is writ OF right, and every
judge on proper application to him, must issue it, and
when the party is brought before HIM must determine
whether the Imprisonment be legal or not This writ
only be suspended by Congress in the cases speci-
he'd in the constitution.
The complaint that this law makes the petty officers
of the judges in questions OF personal liberty and
perpetual slavery, without appeal or review applies
with equal force to the OF 1898, which the law
of the land for more than half century. That act
gave the summary remedy authorized the arrest
of the alleged fugitive by the claimant, his agent att
torney gave the curcu and district Judges OF the Uni
States Courts any magistrate OF any county, city,
town corporate where such arrest was made, urs-
dction hear and determine, without jury and with
out appeal review and the certificate OF such Judge
magistrate sufficient warrant to remove the
fugitive to the State or Territory from whence he fled.
The principal difference in this respect between the
act OF 1898 and this act amenoatoy and supplementary
thereto, that Commissioners appointed by the Circuit
and District Courts of the United States substituted
for the county, city, and town magistrates and though
petty officers, rather judges of limited jurisdiction,
will probably be found quite well qualified to hear
and determine their predecessors under the act of
1898. Judge Story, in his Commentaries on the Con-
stitution, has shown the reason and necessity OF this
summary remedy adopted in 1898 and continued under
| the amendatory and supplemental act OF 1850. :,
1t is further objected that this act, under certain cir
cumstances, compels the removal of the fugitive to the
State from whence he fled, by the marshal and at the
eApeIS6 oi Tie pHileu lie St
the the right of retaining his slave in
any State into which he has escaped The Supreme
Court of the United States has decided that Congress
has the sole and exclusive power OF legislation this
subject and to carry into effect this provision OF the
constitution. The act of 1898, we'll that OF 1850,
has established tribunals to hear and determine OF
this description. But the jurisdiction OF would
be manned and detective without the power OF carry ing
| its Judgment into efecual execution. This amenda-
tory act 1850 has guarded against the forcble
cue OF adudged to be fugitive and bound to SER
vice, by requiring the marshal to remove him to the
| State from whence he fled, and empowering him to
| summon assistance to overcome such apprehended
| force. The sheriff may command the power OF his
county where the process OF the forcby resist
ed. This act in the specified gives the marshal
similar power to enforce the judgment OF the court
Have not believe that in many such
judgments would prove wholly nugatory and uhayair
| ing without such provision for enforcing them 3
But 81" is on the oath OF the claimant and at the ex-
+ pense Of the United States" He the most like
" to be apprZed OF intended rescue and to feel ap
prehensons OF lis success and is the proper person to
make the affidavit. And why should this extraordina
ny expense tall on the claimant? .The.constlion has
secured the right OF recaptue he has established thai
right before the tribunal created by law to heaHapd de-
termne such questions and ought the Government
htosecnre to him the benefit OF such Judgment against
llunlawfulforce and violence?
}have gone through the specifications in support d
tf general charges contained n tbs resolutions How
eyer they may Affect Others they do not satisfy my
| mind that this anendatory and supplemental act de-
serves the character given 10 It by those resolutions
4 am, gentlssaen, Jerry crully yours, &c,
r = -l.,--.-y JOSEPH, IF. CRANE.
| To Msssrs. GREEN, KENNEDY, GIDDINGs, -
| VAII.ANDIauAM FrTcu and SMrrlt..