Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1850-11-07
Tho Fugitive Slave Law.

We have already mentioned that an apP"Ianno'"
was made TO Hon. Robert Z. Grier oI nI1aue
phia, Judge of the Supreme Court oil tne Onneu
States. for certificate warrant to take Sel
tain alleged fugitive back into slavery, ano tna'
the annlication was denied. The application was
denied on the round that the title to properly I'D
the fugitive was not clearly made out. ne ciam-
ant produced in evidence extracts from cer'ai"
wills. for the purpose of showing that he came IN
to the procession of the black man by inheritance.
The judoe held that this evidence was lnsuff-
cient, and that nothing short Of The production OF
dulv certified copies of the wills would De admls-
sibie. But our present object is not so much 10
call attention to this TO notice corresp0n-
dence growing out oil It.
On the 22d ult., Charles Gibbons, ESQ, who
was of the counsel in the above menuoneo case,
addressed letter to Judge Grier requesting his
opinion upon certain parts of the Fugitive Slave
Law which had not been commented on by the
Court during the trial. l. What construction
should be out upon the clause Of the law which
requires that in no trial or hearing shall ine tesu
mony OF the alleged fugitive be admitted IN evi-
dence! 2. Whether the alleged iugltiVe Is en.l-
tied to a full aud fair hearing 3. Whether the
act secures to the alleged fugitive all the rights oil
the habeas corpus, and abrdges right which ne
F! lawfully possed before the law was passed
On the 25,h inst Judge Grier replied to this let
ter. giving an extra judicial opinion on all the
| points enumerated, substantially as follows l.
! The alleged fugitive would not be entitled 10 tes-
tfy in his own behalf even il the act had not de-
| haired him rherelrom That the alleged fugl-
tive is entitled to full hearing, and may prove,
he can. that ne does not "owe labor or service to
the comolainant. g. That right Of habeas corpus
is not abridged by the law; that the habeas cor
pus is a remedy for any illegal imprisonment ou'
tina, the certificate granted to slave-Owner oe-
ing legal warrant, the holoef ol cann"' 20 u'o
Tested bv means Of habeas corpus. He further
expresses the opinion that fugitive slave Is not
entitled to trial by jury in the county or state
where arrested, and that consequently, the exist
ino law does not take from the fugitive any priv
ileee that he enjoyed before it was passed
II does not become us to call in question the le-
GAL opinjons of one so learned in the law and so
ins,ly eminen, for abilities, as Jedge Grer-but
we cannot help remarking that if the law OF the
land be as he lays it down, we shall hencetorward
have much less reverence for that law man we
have hitherto felt for it. Nevertheless we zee
confident, from a careful pernssl OF Judge Grler's
letter that if all applications for the reclamation o
| f,oi,ive slaves were required 10 be made TO the
Judge of the Courts, the late law would De much
less obnoxious that it now is.
Ifit is not presumpious, we will submit few
observations on the foregoing points
1t may be right enough to exclude alleged 10
ei,iyes from tes,yng in their own belhalf; but why
not, upon the same ground OF ilaoih'y 10 olas
through self-nterest, likewise exclude pretended
owners from the witness !? Judge Grier did, II
the case before him ,and so, il is presumable, vii
. | all other Judges in cases which may come before
them. But. in proceedings before magistrates un
deI the old law different practice obtained, anc
) in proceedings before Commissioners under the
5 new law pretended owners are allowed to testify
lust as complainants in criminal cases. Jude'
I Grer himself gives some color Of warrant for thu
course by CHASING fugitive slaves with Grim
inals when commenting upon their extradi,lon be
fore trial g Alleged fugtives are by no means Ger
tain Of full hearing unless they happen 10 get De
r fore the Judees-noT even then, unless the 1uoge
chance to take the liberal view OF duty on TIN
Doint which Judge Grier takes. The law enacts tha
the proceedings shall be Sc summary" that all th
Z deposi,ions required may be taken in the absenc
D of the person claimed fugitive, and even IN
state remote from him, except an affidavit OF lden
, tification. II, therefore. alleged fugitive gets
full hearing in any case, he IS indebted for II, nc
10 this law bu, to the kindly inteIpOsltlon of IN
i Judge in oyerruling the oppression which the Law
; authorizes If the habeas corpus amounts to n
more than Judge Grier states, II has been glOIlhe
, by the Anglo-Saxon race, the world over, vastl
u beyond its virtues. To ascertain that the process
j. by which man is held in custody is in legal form
is merely TO vindicate the officer for thus holdin
him bu, 10 afford no relief to sufferer. II habea
corpus is not means for delivering man fror
unjust arrest under forms Of law, then IT mus
l. be ranked among venerable humbugs which ma
o tions have ignoranily reverenced. we are awar
tha. wide diversity of practice prevails upon ha
. beas corpus, according to the peculiar tempers
- ment of different Judges. We have heard Judge
$ decide exactly in accordance with Judge Grier's
pinion, and we have heard Judges, not whit inf
e rrior TO Judge Grier IN ability and learning, ar
such decisions to be monstrous. II is the ordnal
> and approved practice under habeas corpus, Jude
7. Grer TO the contrary Notwithstanding, to go benin
the warrant or certificate, and review the eydenC
N UPON which the process was granted. NO dou
Judge rer has done this himself in sorces OF case
, 1.-The has not done it when requested, he is not
"a person to be invested with judgeship In caS
le where the preliminary investigation is not Ieduct
to writing il is the approved practice for the JudE
issuing habeas corpus to hear testimony in full
v. In the famous McCloud case, in the state of Ne
=, York. the evidence of both sides was heard eve
- after bill of indictment had been fOund-but
O. that case is hardly given the weight OF Precede
by the courts. Still, in that case the just rule w
NOT stretched as much in favor OF the prisoner
Judge Grer now labors TO contract it to Prejudi'
" of the alleged fugitive. Now let US inquire wi
a, the person arrested as fugitive slave should n
=. be allowed, in the place where found, trial
iury, if he demands it. In order to justify the wit
~ holding of this right, Judge GIer places the sla
in the category Of criminals and says that as mi
3, whose extradition is demanded on charge OF Il
a. ony has no right to trial by jury where arreste
but only where the offence is charged to have be-
committed, so the alleged fugitive slave is entl
to trial by Jury only in the place from whence II
n charged that he escaped. II this be so the law
IL the United States is worse than the law Of Barb
i. nv was hundred years ago. But if Judge Gr
- knows his right hand from his left, he knows ii