The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-18

the adudieatons of State tribunals aud by the courts
Of the United States without single dissent 40 far
know -(Baldwins G. @. X, 577 570)
conclude. therefore. that far the act of the
18th February 1893 has been held to be constitution.
a. this bin must also be regarded and that the
tody, restraint, ana removal to which the fugitive
slave msy be suggested under the provisons of this
bill all lawful and that the certificate to be grant
cd to the is tc be regarded the act and u1g
ment Ct judicial tribunal baVing competent juriscic
ton.
With these remarks rs to the consttutionality o.
the general provisions Of the bill aud the conseq
Legality of the custody and confinement TO when the
fugitive slave may be subjected under it, proceed
brief consideration OF the more particular question
you bsve proponnded in TO the writ OF aJ-qs
corpus, and OF the last clause OF the sixth section
above quote which gives rise to that question
Ny opinion as before expressed, is, that there Is
nothing in that clause section which conflicts with
or suspeB ds intended to suspend the privileges
OF the writ OF habras corpus. think so because the
the constitution, Congress is expressly forbidden to
suspend the privilege of this writ, "unless ia
cssee OF rebellion or invasion the pdbc safety may
require Ii - and, therefore, the suspension by this
act Qhere being neither rebellion invason) would
be plain and pslpable violation OF the constitution
and no intention 10 com init such violation OF the
constitution Ct their duty and their oaths ought to
be imputed ia them upon mere constructions and IA.
plicahoos and thirdly, because there Is no incom-
Pathlity between these provisions of the bill aud the
privilege Of ths writ OF habeas corpus, in its utmost
constitutional LATITUDE.
Congress in the case OF fugitive slaves, ~ in all
Other within the scope OF It's constitutional
thoIity has the unques'ionable right tn ordss and
prescribe, foe what causes to what extent, and ia
What m.pper persons may BE- taken into Gu .tody,
detained or Imprisoned Without this power they
could hot fulfil their constitutional trust, nor
perteIni the croinar and necessary duties Of go
verrmtpt IL Was never heard that the exercise of
thet legislative power was any epcroachment upon
Suspension OF the privilege OF the habeas corpus
it is only by some confusion of ideas that such
conflict can Do supposed TO exist IL Is not within
the province or privilege o. TINS ersa. writ 70 loose
put writ granted by the Law, in opposition to the
lsw--to make ons part Of the law destructive Of
another. This writ follows the law, and obeys the
law. II IL issued upon proper complaint to make in
quiry into the Of commitment Imprisonment,
and Its cole remedial power and purpose Is to deliver
the party from 81 all manner of illegal confinement
q Black Con 1919 IL upon application to tbs court
or judge for this writ or IL upon Its return shall ap-
pear that the confinement complained OF was lawful,
the writ in the first instance would BE- refused aud in
the ls,t the party would be remsndd to his former
The condition of one In custody fugitive slave,
der this Law far respects the OF ha5eas
corpus, precisely the same ms that OF all other priso
leae OF that writ remains alike to all Of them but to
be judged o:-grsnted or refused discharged or en-
forceeey the proper tribunal according to the cir
cumsthpces OF each case, and as the commitment and
detention nay appear to be legal or illegal.
Tie whole effect Of the Law may be thus briefly
stated Congress has constit uted tribunal with
elusive jurisdiction, TO determine summsrily, and
without appeal who are fugtves from service or la
the contribution ana to whom such service labor Is
due Tie judgment OF every tribunal of exclusive ju-
elusive upon every other tribunal and therefore the
judgment of tbs tribunal ated by this
clutye upon ell tribunals. wherever this judgment
Is made to sppear is conclusive Of the right Of the
owner to retain In his custody the fugitive from his
service and to him back TO the place state
from which he escaped lift Is shown upon the ap-
plicat.on OF tho fugitive for writ of ha5eas corpus
prevents the issuing of the wrt upon the return II
discharges the writ and restores or maintains the Gus
tody.
This view Of the law Of this is fully sustained
By the decison Of the Supreme Court Of the United
States IN the Of Tobias Watkins where the court
refused to discharge, upon TIA. ground that he
custody under ID. sentence Of court of competent
Jurisdiction and that judgment conclusive upon
them. Is Pet, 202)
The expressions used In the clause OF the sixth
section BAT Ii. eeri'hcsts therein alluded to tha
granted by any process Issued &c probably mean
ncate und'r that act sufficient for the re-
novsl Of fugitive, and certainly do not mean
pepsicn OF the habess oopus.
conclude by repeating my conviction, that there Is
nothing IN the bill In question which conflicts with
the eonstitnsion or tu.pends, or was intended to
Ifavsihs honor to be, very respectfully. sir your
ohedisnt s'rrart, :. j. CRITrENDEN.
To the President.
The Pcnnsyivania Abolition Convention.
The CONSTITUTION OF TnE UNirkD STATES SET
AUTHORIZATIONS AND TAYLOR DECLARED TO
HE rARnGaIANs-DANIEL WEBSTER AND HENRY
CLAY WORSE THAN EITiiER or rHRM-Tus QuAKERs
NOT MUCH EkrTER-soME UorEs or A GLORIOUS
FEATERNiZ.TioS or IHE BLACK AND WHITE
[Correspondence Of the Philadelphia Bulletinl
WEsr CHEsrrn, Pa, Oct. 1k 1880.
Inc PtnnsJlr2niA stale Abolition Convention met
In the hetrr County horticultural rooms this
ing at 10 O'Clock, All Amopgthe speakers appeared
rome Of the sore eminent Of New Lngland fanatics,
such as Lloyd. Smith, Bow ditch. Wright and others;
but Mr. Pred Douglass and others, who lately made
thernfei,es go conspicuous In New York among
the abssnt, A hurried dispatch was scnt on from
Jersey CITY last evening stating that the owner Of
mr.. Douglass, accom- panied by eleven claimants OF
runawaye, were In Phsds phia or wouldbo there this
morning. on tosir way 20 Westehester, and IL was
deemed ndfRAble. accordingly for n portion Of the
black gentry 20 withdraw. some Of the ladies' espe
for they bad calculated upon lioniripg Fred for
dAys but this will not prevent these who fearless
o. Southern task masters IRON expressing themselves
the more bitterly ia tie speeches aad resolutions they
contemplate bringing before fhe public.
The members OF the Convention number about
eighty but the in attcndancs will number
fsIl Eve hundred. ! count hut thirteen Quaksrs in
the room. not one OF whom am told will participate
IN the proceeoings The blacks have been cautioned
70 Keep w the back ground and Unefs they act upon
the advice the meeting viii t-rn mate In nsgniG.
cent tueuis understsnd that certain southern slave
owners. principally Of Baltinorc have sent hthtr
their agents and this viii account for the thin sprnk
ling 81 peercs- on han.
AZ eleven O'Clock the Convention ives orrsaired by
calling Mr. Robert Purvis, black. to the chair.
After some other preliminary business, the CsnVeB-
ton adjourned eli Up ~
Upon re-asssmbliLT. the first business in order
the reading q the annual report OF the Pennylyaria
Arti slavery scciety. IL ~as elaborate eccumsnt
conunirT nearly an hour In ia perusal The
with Mer,co sss begun, says the report tor the
svOwed object q exerding slavery; and get by the
moral iotes II thsir arguments, sud the dosmai Of
extended over thu territories acquired With proriso
IreeludnE iat inaiuuen. While Cshofuia has tccn al
med - free Stas The regort CoHtuues IN review q
TIE iriumth ~ he ahttonist sellers pass ant
eient, and itn directly teccnis % personal aiutc q
Itnry C,y whom The report ch1fsst.fifei a. e PrGce
~ top tomistff He rsctnt coreft scnal course d &C.
heuns,d a. vers hsn nfsmsur af,tr When M Bsehanan
Genes IN Tor auotI ehAte of htr Mt iorueyg
% M D. him Likewise 70 The historical
s,Sl9 si,l,,.. Ml y.T. f!f,;i Vice
cietl tend ta him dtuby ebnoNou usual received hs
porter o. dsnurcaten but ~ itrguaFc much stvorcr htn
titftc NNtr aIrltcd him u rfp0rfa hit"f
Fenetsl eeo cn o. fairies ard rinoips he rep ~
gtts - 70 hllnde The various rcier uhich tmansfed
rs N re s,fh suvInr ~. past year FOR "a re'eahs DIS
tonton ~ TIE tHcn Ard styles these incetdtry co-u-
TssS ..hols.als msas.s 1hs rePrt declares ths, =.
hrehnnAn IL AZ The lead asvcy slavery nnvetnent IN
NC Ntrth ncVtN ftiUlT " Political e. whlN Ngvefn1r
schrstct 10 lcha u The mr. has always stood hry
or The tholticnitte and italy ccucurrtt w the1 500
The ftrrfl trrEref nal dsegson rtx come in ~
afret ~ tlaft VI etnuucsi0n. Sturreoh
cgariy srt q tut. 1he feiety tftefuy huUated
~ ,ie courts ~ senator ST. soh Nr tsofr 10 not over
ectsd eush The saarse ms hin IL less s;rnrsu thd
ctrtany e ohertite 90 n eEhert in tie lover hepf-
tstrs ass ie society say catering exceptior ~ hos
~ ened without mercy. Fhr s laudta JUDE
IhcFton N -cur 18th tn loss 81 HE boz
nor futnst without te bfara Of desual1 and tassnesa
affactef 20 him. aspigrat the