Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1850-10-24

80 lar as ! know. bddrins L. L. ~.
SIT, $40.
] conclude, therefore, that so far Ms the
act Of the 18th February, 1893, has been
held 10 be constitutional, this bin must
also he so regarded, and thar the eusto-
dy, restraint, and removal, to which the
fugitive slave may be subjected, under
the provisions oc Ihs BILL are all lawful,
and that the certificate to be granted TO
the owner is to he regarded ~ the act
and judgment of n judicial tribunal hav-
ing competent Jurisdiction.
With these remarks as to the consti-
tu,ionality of the general provisions Of
the bill, and the consequent legality Of
the custody and confinement TO which
the fugitive slave may be subjected un-
der IL, proceed so a brief consideration
Of the more parfic rlar question you have
1 propounded ip reference to the " rit OF
hdbe0s corpus, and Of the hist clause Of
the sirh section, above quoted, which
gave rise TO that question.
My opiAion,.as before expressed, is,
that there 10 nothing in that clause or
section which conflicts with, or suspcnds
or was intended 10 suspend the privilege
of the writ ofhabeas corpus. think so,
because the bill says not one word about
that writ because, by The Constitution,
Congress is expressly forbidden to sus-
pend the privilege OF this writ, 4" unless
when in cases Of rebellion or invasion
the public safety w1'y require it; )" and
therefore the suspension by this act
\ (lherc b,ing neither rebellion nor inva-
sion) would he Il plain and palpablc vio-
hion of the Constitution, OF their duty,
and their oaths, ought to be imputed to
/ them upon mere constructions and impli.
cations and thirdly, because lherc is no
incompatibiiiy between these provisions
OF the bib and the privilege Of tle writ
. ofhdbeas corpus, in its utmost constta-
/ tional latitude.
\ Congress, in the case Of fugitive
slaves as in all other cases withm the
scope of it's constitutional authority, has
tic unquestionablc right to ordan and
prescribe. for what causes, to what cx-
tent. and in what manner, persons may
be taken into custody, detained OF i'm
prisoncd. Without this lower they could
not fulfill their constitutional trust, nor
! perform the ordinary and necessary
duties Of government II was never
; heard that this exercise of that lcgis!a-
tive power was any cncroachmcnt upon
, or suspension of the privilege of the ha-
( beds corpus. /, il only by some coniu-
I sion OF ideas that such IL conflict can be
supposedto exist. II is not within the
| province or privilege OF this great writ
10 loose those whom he i,r has bound.
Tha, would be to put writ granted by
the law, in opposition TO the law. to
make one part Of the law destructive of
another. This writ follows the law, and
obcys the law. It's issued upon proper
! complaint, TO make inquiry into the eau
scs Of commitment or Imprisonment, and
its sole remedial power and purpose is
TO deliver the party from ''all manner Of
Megoi conlii cment." g Biack. Conn.,,
1917 II, upon application to the Court or
Judge for this writ, or if, upon It's return,
it shall appear that the confinement COM
/ plaincd of was .rfui, the writ in the
/ first instance would be refused, and in
the last the party would be rcmandcd to
his former idwtm custody.
! The condition of one in custody as Il
fugitive slave, under this law, so far as
respects the writ Of habeas corpus, is pre-
ciscIy the same as that Of all other pris
oners under the laws Of the United States
The privilege of that writ remains alike
TO all ofthcm, but to be judged of---gran-
ted or refused discharged or enforced,
by the proper tribunal according to the
circu instances of each case. and as the
commitment and detention may appear
to be legal or illegal.
The whole effect Of The law may be
thus briefly stated. Congress has con-
stituted tribunal with exclusive juris-
dction, to determine summarIy, and
without appeal, who are iugitivcs from
service or labor under the second section
Of the fourth article Of the Constitution,
and TO whom such service or labor IL due.
The judgment ofevcry tribunal of ex-
elusive jurisdiction, where no appeal lies,
s of necessity conclusive upon every
other tribunal, and therefore the judg-
mcnt of the tribunal created by this act
is conclusive upon all tribunals. Whcr-
ever this judgment is made to appear. il
is conclusive Of the right of the owner TO
retain his custody the fugitive from
his service, and to remove him back TO
the place or State from which he escap-
ed. fit is shown upon the application
Of the fugitive for writ OF hd6ens cor
pus, it prevents the issuing of the writ,
ifupon the return, it discharges the writ
and restores or maintains the custody.
~, a. L. ~c tk,, Il.