Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1850-11-15
THE FUGITIVE SLAVE LAW.
OPINION OF MR.. CRITTENDEN.
ATroRSrY GESrRLL's 0rTIcT, !
September 18th, 1850.

nut' ~ Nils uale, lnioIhlng mN llai we hlll
called the Fugitive Slave Bill, having passed
both Houses Of Congress, had been Submitted
to YOU for your consideration, approval, and
signature, and requesting my opinion Nho,hor
the sixth section Of that act, and especially the
las, clause Of that section, conflicts with the
provision Of the constitution which declares
that i" the writ Of hdl,as corpus shall not be
suspended, unless when, IN case, Of rebellion
or invasion, the public safety may require IT,"
II Is my clear conviction that there il moth.
ing in the las, clause, nor 10 any part Of the
sixth section, nor indeed IN any Iar OF the
provisions Of the act, which srsPcnds, Or was
intended to suspend, lAs privilege of tic writ
Of LGbea' corpus, or j. ia auy iuanucf in con-
dict with the constitution.
The constitution, in the ,rroud section Of
tho fourth article, declares, l',a, d" up fcrsun
held to service or labur iu one state. under
the law, thereof, escaping into another, shall,
IN consequence oi amy Law or r0guhliou ,hCrc-
in, b. discharged from such souicr or labor,
hui ,lnll be delivered up 90 claim uf lhc par
Is ,owhom such service or labor may be- due. ''
II il well known and admitted, historically
and JuIicialh tina, the clause IT the consuiu.
iion was made Tor the Pupo~r ui securing to
the citizens of slatcholdiug Sulcs the coui-
plric ownership IN their slarc,, rs property,
900 an, aud every Sialc or territory OF the In
ION iriu which they might escape. tPngg
,-. Commonwealth of Pennsylvania. III Pet.
5y0) II dcyol,'d on tuc General Govern
mrnl, as a solemn dulS To make that security
c1cclusl Their power was not only clear
and luIl. but according To the opinion vi the
court iu tie above cited ca,c. WAS gNgiu,yc,
the snlr,, sc,oally, being under no oblIga-
ton, and having no povor lo make laws ur
regulations 10 rcspcci To the delivery uf lugI.
i,cs Thu, the whole power aud with It the
whole du,y, ol carrying iuto ,.lrcl this Impor.
uui pro, .,lOu of llc constitution, was with
, uurress Md acconrgly, spuu after the
adoption oi the constitution, lhc Jct ofihc l2th
of February, 1893, was passed., 1ni that prov
.,- r..,r,s,,,ry anal ,p.lI.,.sr, b, rl.np
,.mop, o,b.y r,r.,.l or some minor ,rror, IN
~. J.,I, r.r,r... A., ,,,, stt,mr,,pg bv
,b..l .l,lI,oJ..,b,rr. ,op.titu,,on,l obl,s..
,,o, b, ..,.r,p, ugrr ,t,rtualI, the delivery
.,c,. ..,,,....I,,..,,, ,l,,r ,,,r,r.
nm. .,,b and mo., ua,,,al section IN sub.
an. 81. 5..,I.r,. ,,s, ,b, claimant of the Gy,.
,,,, .r,,, m,y,,,,., and carry him b,l,rr any
.-..,,.,,s,..,. incl ,nJ l...,;,..I ,, ~.
b.p and r,,,,.l,, ,b,, ,b,., ,.F,.r,. and csrb
., ,l,,, shall has. ms.c,I o,,,- and ur.-.
l,.,,o, q, r.,, .,,r,,n, a.,' J,,,5. ,5c c,.,
3D.. . .,,,n,.,, ,,,,r,- aha, ,fup., ,.,b hear.
,,r ,r claimant, b, Nh. r.,o,,,le proo,. shall
,.,,rI..b b,. rls,p, d, ala, .rr,,sr,,., NJ III.
,..,...I ,... ,,..,.,,,.I ,,, ,,,3 ,,.bro,I
J,.u..,.I.o,,r.r,....,,r stating ,brr..g,b,
,,r,. or III. r,,-. and au,l,rt.rr
tru ,.rb such ,,,..,.,., grr, q, may L.,
r,..,.,rr. ialcani carr, .,id fugitive back
,. ,r, STAT, rt.r7r.-y ,, rrpc, hr or,h,ma,
b,,. r.r,p,j. and then rr conclusion rrocesd,
-. eJ.,o, Tho certificate, in this and the
f,., ..,,,,, m,n,,,,cd ,lylI ,s copcJr,,,, IF
,,.. ,,,l, of the pr,.,p., .,r .,.r..u.. r1 whose
,.,,r cr,.,.J ., r.m,,,. .,r fugitive 10 the
S,,,, or ,,r,,,or, from which a. escaped, and
shall ,rc,,rr all moI,.t., con- oi. such rcr.on or
r.,.,,. hg ,1y r-yrcs, issued by ans court.
Judge. magistrate. or other r,g,,n Whom,oc,.
cr"
There il uttlrn, IN an ih.s that doe, not
,srm In mc To- be- cunsr.lcu, with the consutu-
t.on and necessary. IN Iced, Go redeem the
pledge which il contau,-,hal such "frgItNes
shall he delivered up On claim" of their own.
ere.
The supreme Caur, Of lhe Iui,cd States
hl, dccrd,d thar 'hc o~ncr. independent Of
any dd from State or national legislation,
NAV, lu Nlnue oi the constitution shd MS own
right ol properly, seize ani recaPiuro his lu-
pi,i,r slave. m whatsoever state he may find
him. and carry hlm blck to the State OF terri.
tory fum which ha escaped (P,gss v.
Commonwealth of P,ansyiraHia, 10 PIT,
53ol This bin. therefore, coniers no right
on Tia owner of The fugitive slave; !, snly
ciycs him an appointed and psaccabIc remedy,
In place of the more exposed and insecure, but
not l,s. lawful mole ol sellredTcss. And =
In the fugitive slave. he has ny cause To com.
pla,n of the bill. j., adds m coerciou to That
which M. owner himself might At MS own
will uphlfully exercise; and all the proceed
inc, whicl, /, institute, are but 80 much Of or
Ill .,I,..,.I ,utbn,iiy. iptprpo.ed bstwecn