The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-31
Important Letter on the Fusitsvc Slave Law
from Judge Grier.

from Grier.
The following letter from Judge Grier, OF the
United States Supreme Govt, upon the constitu-
tionaliy Of the Fugitive Slave Law, Will be
read with Interest,"
PnIADRLpulA, Oct. 2j, 1850.
DEAR SiR--My official engae mcnts have hln.
deTed me from giving that prompt attention to the
contents of your letter OF the 22d instant which II
would Otherwise have received.
Until informed by you, was unable 10 ap2rc.
head what possible cause could be assigned for the
unmeasured dennnciations with which the act
concerning fugtives from labor passed at the last
session OF Congress, has been received by 80 many
persons in the oorthera portion flour Union. Al
though il would be improper for me TO volunteer
extra judicial opinions upon doubtful questions ct
construction ola public statute yet, " any opinions
expressed by the court on the late case OF Henry
Gernett, or which, though not thea expressed seem
10 me incapable Of Dispute, can have any tendency
10 correct msapprehensloRs aud calm the public
agitation on this subject, an perfectly willing to
state them.
In the case Of Garrett, the warrant issued by the
court was founded on the affidavit Ut the alleged
owner of the fugitive. Bat " on the trial OF hear
irg" before the court, after the arrest, this aili
davit was not received In evidsnce. nor did the
counsel for the claimant insist that Il should be re-
ceivea. The claimant had wholly neglected 70
make the proper proof before some court or Judge
in Maryland, to establish the fact, that he was
owner " slave, or person held 10 labor, aud what
was the name, age, size, and other marks, OF such
person, and that the person 20 described had
escaped Not having awaited himself Of the privi-
leve and facilities given han by the act OF Coo grcss
for this pufpcsc, We decided that he mus be bound
by the common law rules OF evidence, as Ia other
cases, where tile to property has to os es'ab-
parties in interest as witnesses, aad Wills and other
documents Of title, unless properly proved.
The act confe mpiates Trial and a decision ofthe
csurt or Judge, involving asstons both Of law ant
fact, and unless the rules of the common Law as
to evidence be followed, when not changed by
statute, the tn sunal would be without rule, go-
verned only py caprice, or underlined discretos,
which would DC the exercise OF fyrannIcal. not a
judicial power. IL is the duty Of the Judge who
exercises 1t, to render equh Justice borh 10 the
claimant and the person claimed. IL evidence
were heard on one side only, and that, too, with
out coy regard 10 any rule or principle known to
the law, gtoss oppression and wrong would How
hom IL. Freemen and citizens of Pennsylvania
might he kidnapps into bondage, under the forms
of law, aud by the action IT legal tribunal, svorn
to do equal aud exact justice to all men. This
much meligrcd law not only gives a" Trial" be-
fcie the legsl tribunal, before the claimant can be
authorized to carry the alleged fugitive out cf the
Siete, hut IL takes away from the pfisoser right
" hich he would have enjoyed before this act of
Congress was psssed.
la all cases OF eriradition, the evidence esta-
bhtbDg the offence and escape Of the person de-
u.andec, is usually made In the country from which
The person deins has escaped, and IL necessa-
ny 1-poyse end the chitt que stion to be decided
ny the iribunsl before whom he is brought, prcvt
ouey 70 make an order for his exradiion. IL only
the suttnon OF identity. The party demanded has
right. Of course. TO show that he n not the per-
4, y dtttrihsd Butt he be the person described.
be bas no rel 10 claim jury trial, az 70 the
cue, ion ~ hire guilt, in the country To Which he
isses cepts Tie question OF identity, and whe-
Tier th,s peTson cairncd in fsch one as the treaty
between he two cooniries requires 10 be delivered
%. has as.vsye been tried summary aud without
Ne interyen ion Of Jury. No compliant has ever
f,tb made " ven wbhe men have beea scot to
Eufole. en- d.'mand for their exirsdition, without
giving thsm juv trial ard why greater ptivl.
itgee IN this mater Should be granted to colored
ltTsons, 10 not eaxsy perceived. The State of