Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-12-07

prepared and sworn to He answered ha. this had not been
don and that he did not suppose to be necessary OBJ.
served that the statute did not IN terms require it. but that it
the proper foundation for warrant OF arrest and that
should require it, The parties then left my Office, pre-
pare complaint and me agsin at four o'clock
No earlier hour requested by them, and earlier APP
pointmen could have been made by me II they had
4 quested il. h
Al o'clock met them again at my Office and understood
that complain. had been prepared and sworn TO- then
slated 70 Mr. Thomas. that in my Judgment me best inter
esfs Of this community, of the law ITSELF and of bis clients
also, required that this should be issued by the Cir
cut Court Of the United States then 10 session in the Court
ouse which Y, you faniarly know on the other side
OF inc street. Secty opposite my Office, My reasons for
TINS opinion must be obvious any who knows the
harnmabe material which existed that 10 this city
Tor . but too true that there fanatics and mschey
ous disposed persons who had direct resistance
to the law Such resistance TO be anticipated and n my
opinion 70 be provided for Under these circumstances
knew perfectly welthat commissioner could give proper
support 10 the marshal and therefore perfectly clear to
me that arrest TO be made, ought to be made on
warrant issued under the seal Of the court and that the
hearing Should be in the Circuit Court under all the forms
OF law know need not say to you that could have had
no other motive for advising application the court than
desire for the safe and certain execution Of the law
! FIRST case thas was to arise in this community
MI Thomas concurred in all these Suggestions and added
that ne should much have the issued by the
Court but THAI application had aseady been made 10 the
Judges privately, and that they could grant warrant
which might involve summary hearing Of several hours,
of the pendency of important pate, cause then
on trial before uy which had already lasted several days
and was likely to continue fos several days ongs To this
replied that in my opinion, this ought be pre-
sesed to the judges and if necessary the counsel and
parties engaged in that trial. in light in which they proba-
bly, had vewee; that il was of great public importance
hatthe first hearing under this law should be so conducted
here % to prevent Ne dangers Of and ha
der to this the ordinary business Of the Court ought 10 give
way SO sufficient length Of tire to enable the judges to
receive this application and TO hear the an
should be made then stated to the parties my detenina-
ton to- assemble the Commissioners Of the Court, aad to
have an interview With the judges and before them the
u6c reasons why tins warrant should issue from the Cir
cult Court Mr.. Thomas assenedto this course on my as
surance that if could be obtained from the
Court at or before nine o'clock the morning. weaaa
grant it myself.
then proceeded Immediately &c. the other commission
together, and being four in number Mr. Edward
G. Lorng, Mr.. B. F. Haleu, Mr.. c. L. Woodbury., and
myselG) repaired to the Circuit Court On private ntma
ton to the presiding judge of desire confer with him.
the jury We're dismissed at earlier hour than usual hal
past i've and every person present. except of the
shas deputies left the room and the doors closed We
then stated to Mr.. Justice Woodbury. that
to be granted and for thnkng of the
highest public expedency that should DO granted by the
court After hearing views the learned Judge said that
he had already conferred privately with the counsel engaged
IN the cause trial. and had far obtained their
to enable him 10 say that he could give hours this
hearings arrest should be made and that he would attend
at the courthouse at hapast eight o'clock the next morning
to grant the warrant of the Circuit Court if would
obtain the attendance Of his associate the District Judge
that hour We did obtain his attendance, the
was issued out Of the Circuit Court and under its seal.
An absurd statement has been made that the fact that
William Crafts about be arrested became public Or
1t phrased leaked OUT, this interview between
the Commissioners and the Circuit Judge Not of the
gentlemen present, except myself, knew the Of the al
of the conversation. ..a.
My knowledge Of the which took place after
the warrant issued confined chiefly the circumstances
under which the Marshal took an opinion of counsel to his
and he vhv he So mr..
placed in the hands Of the Marshal
execute under very heavy responsibilities and in the
ton of which he might be called break open dwelling
houses and perhaps to take @ by queng resistance actual
or threatened 1t process OF novel character, and
there sound lawyer in this country who will not say that
required elaboration and careful inquiry to ascertain what
degree Of force the Marshal might lawfully in its
ton If it was be considered civil process issued in
the interest Of private individual the Marshas powers
and duties might be in respects different from what they
would be if should be considered as public process
the Of which the United had direct interest
Clearly, therefore, was the Mashas right and duty be
advised upon these points
The Marshal applied for such advice my BROTHER Mr. B.
r. Curtis and stated in writing two questions relating to the
degree OF force which he might lawfully the service of
this Mr. Curtis happened to be the senior counsel
on side ofthe then trial in the Circuit Court and
could give immediate personal attention to the Marsha
pcaion AT his request however, devoted good
deal Of time to the necessary Investigations Of the subject and
he released from the courthouse, and the
evening" conferred together about it, In the
Of that conference my brother suggested that although the
present warrant had been issued out Of the Circuit Court
yet would be very likely arise Of warrant issued
BY commissioner and the Marshal had determined to take
opinion would be well that he should be advised the
validity Of commissioners warrant which would open the
question Of the constuionaty Of the law. This the
important great pains had been taken In this neigh
bohood to make people believe that the law unconsu-
iona far it gave jurisdiction to the Commissioner
This suggestion communicated the Marshall and he there
upon added to his former questions the counsel question
concerning the validity Of Commissioners warrant.
Mr. Curtss opinion was prepared, and was an elapo-
rate opinion all the questions submitted to him by the
Marshal, defining his powers and duties in the execution Of
the process which had actually been ssued and also sustain
ing the validity OF commissioners warrant winch might be
placed in his hands for service.
At the request Of those who had right 10 request it the
latter part Of Mr.. Cuss opinion IN which he discussed the
cons,utionaly of the law pubhed but for obvious
reasons the Marshal did fit publish to the world that
part Of the opinion which defines his powers rights, and
duties in the actual execution of warrant to arrest ug
tive slave. In consequences of the publication Of part Of
opinion only, the Marshals position and motives have
as to constituonaiy Of the law but that question of
cesy bad be considered and discussed order
the Mashas question: whether his powers rights and duties
would be any respect different under issued by
Commissioner what they when il issued by the
Court. No lawyer, and no layman who understands the
point will doubt that proper for the Marshal be adj
vised on this question.
cannot close this letter without saying that, for long
of years. have been familiar with the administration
Of the laws Of the United States and the working Of the Judi
ca department of the Federal Government, and that
in opinion, there great deal Of legislation needed to
make the General Government independent of State CONTROL