The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-10-30

fnrs lie Easpensloh b his 81 GlheIt q.
Ing nei.her rebellion nof insssioal weu'd
b . plain and pslp&ble siaizisan Of ne
eoaslilslicn. and no iasentian 10 eomm't
sseh violation Of The ronsiisul'on. o.
their dsiy. and their osihs. osghi "a be
Imputed 10 them upon mere coaslrurlians
and impliesiions: and. thirdly. bersuss
here 70 no ineompsiihiliiy BETWEEN these
provisions II The ball and the prisiIsgs OF
Inc writ Of habvzs corpus. 10 is utmost
eorssiiuslanal lsinpde.
Congress, in The esse nj fuFaivs SHARES.
a In al other cases within The scope of
lie constitutional suihcsiiy. has The I'M
questionable righi 10 ordain and prescribe
for What CAUSES. 10 what extent. and IN
what manner persons msy be taken into
rnslody. detained. or imprisoned. With
oai this power. they could not falfl their
constitutional Trust. nor perfrm The ordi-
nary and necessary duties of Government.
IN va. never heard that The exercise az
that legislative power was any encrnsch-
meni upon or suspension Of The privilege
Of the hzbeas corpus. Ia Is only by some
confusion Of ideas that such conhici ran
be supposed 10 exist. II il moi within
the province or privilege Of this great sri,
To loose those whom The idlc has bound.
That .ould be 10 put wri, granted by
the Law in opposition 10 the law--io make
one part OF the lsw destructive Of another.
This wnt follows the law and obeys the
law. u is issued npon proper complaint.
to make inquiry into the causes Of CON.
miimeni or imprisonment. and lie sole
remedial power and purpose is 10 deliver
the party fran .all manner Of Illegal
confinement" BLACK. Com, 49,. n,
upon application 10 The rourl or judge for
this wril. or il. upon lis return. il shall
appear that the confinement complained
Of was laicfili, the wrii in The irl instance
would be refused. and in The last the parry
would be rrmsnded 10 his former laicfa
custody.
The condition Of one in custody a. q
fuRilive slave. under this law. go Gar as
respects The writ oil habess corpus. is pre-.
risely the same as that Of ell other prison.
ers under the laws Of the United States.
The privilege oi that writ remains alike
10 all Of them. bnl 10 be judged Of. grant
ed. or refused. dischargedr enforced by
the proper tribunal. according 10 the cir
rumsianres Of each case, and as the com.
miimen, and detention may appear 10 be
legal or illegal.
The whole effect Of the law may be
thus briefly stated. Congress has con.
sii,uied tribunal with exclusive jurisdic.
lion 10 determine snmmarilv. and without
appeal. who are fngiliyes from service or
labor under the second section of the
fourth article Of the constitution. and 10
whom such service or labor is due. The
judgment Of every tribunal OF exclusive
jurisdiction, where no appeal lies. il ri
necessity conclusive upon every other
tribunal, and therefore the judgment Of
the tribunal created by this &C, is conclu.
sive upon oil tribunals. Wherever this
judgment 10 made TO appear. il is concur
sive ofihe right Of the owner TO retain in
his custody the fugitive from his service.
and to remove him back TO the place or
State from which he escaped. lf Il il
shown upon the application Of the fuei-
tive for writ Of hsbess curpus, il pre-.
vents The issuing Of the writ; if upon
the return. IL discharges the wri, and re.
stores or maintains the custody.
This view Of the law OF this case Is
fully sustained BY The decision Of the Su-
preme Court Of the United States in the
case Of Tobias Watkins. where the Tour,
refused IN discharge. upon The ground ,ha,
he was in custody under the sentence of
. cour, Of compelen, jurisdiction. and ,ha,
Judgment was conclusive upon ihem.-
"a Pet. 2o2.)
The expressions used in the clause Of
the SIKH section. that lhr certificate there
in alluded ,o.shsll prevent all molcs,a-
ton" OF the persons 10 whom granted ..hy
any poreess issued," &c.. probably mean
only what the nc, Of l793 meant BY de-
rlaring cerlifiea under thar act a sui.
tic,ent warrant for The removal Of a fnpi-
tive. and ces,a,nly do mol mean suspension
of the babeas corpus.
] conclude BY repeating my convic.
ton that there is nothing in the bill in
question which conflicts with ahe cons,i.
iulion. or suspends. ~ was in.ened 10 sus.
pend, The privilege Of The wrii of habeas
corpus.
have the honor 10 be. uery respectful.
". sir, your obedien, servant,
J. j. cRlrTENDEN.
TO THE PRESIDENT.
fS = ~>>>~>~>~>-~>.>~~- 81.
Mr.. WEBSTER AND HIS POSITION,
Snbjoined are cnpies of two letters re-
erring in a very interesting manner to the
position assumed by Mr.. Web.