Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-10-31

cations Of State tribunals and by the Of the Un<
ted States without single dissent, so far as know
(Baidscin's c. c. r. 577, 579.)
Iconclude therefore, that far the act the 18th
February 1893 he's been held to be constitutional this
bill must also regarded; and that the custody re-
srant, and removal which the fugitive slave NAV be
subjected, uncer the provisions Of tins bill, all law
iu, and that the certificate 10 he granted 20 the
to DE regarded the and judgment Of Judicial
bunal having competent jurisdiction.
With these remarks the constitutionaiy Of the
general provisions of the BILL and the consequent eea
~ of the custody and confinement which the fugitive
slave may be subjected under it, proceed brief con-
sderaton OF the more particular question you have pro-
pounded in reference the writ of ha5eas CORPUS and
OF the last clause Of the sik section above quoted
which gives rise to that question.
My opinion before expressed is that there moth
ing IN that clause or section which conf.is with
pends intended to suspend the privilege of the
writ of kabeas corpus. think because the bill saws
not one word about that writ because, by the constu-
ton, Congress expressly forbidden suspend the priv
ege OF this writ uness when, in Of rebellion
invasion, the public safety may require il " and therefore
the suspension by this (there being neither rebellion
nor invaslon would be plain and papabe violation of
the constitution and intention commit such vio-
laon oil the constitution OF their duty and their oahs
ought TO be imputed to them upon constructions
and implications and thirdly, because there no ncom-
patbilty between these provisions of the bill and the
privilege OF the writ OF habeas corpus in its utmost
stitutional latitude.
Congress- the Of fugitive slaves as in all other
eases within the scope of its constitutional authority
has the unquesonabe right ordan and prescribe for
what causes, what extent, and in what manner per-.
may he taken into custody detained imprisoned
Without this power they could not fulfil their consfitu
tonal trust perform the ordinary and necessary du-
ties OF government. heard that the exer~
else oil that legislative power was any encroachment up
suspension Of the privilege Of the habess corpus n
is only by confusion of ideas that such conflict
can he supposed to exist. II is within the province
privilege of this great writ loose those whom the
lar has bound. That would be to put writ granted
by the law in opposition the lato make part of
the law destructive Of another. This writ follows the
law and obeys the law. 1t is issued upon proper
plant, TO make inquiry into the of commitment
or Imprisonment, and its sole remedial power and pur
pose is to deliver the party from a manner Of illegal
confinement" g Black Com, 1917 If, upon appli--
cation to the Judge for this writ If upon
return it shall appear that the confinement complained
OF was Gcful the writ in the first instance wonld be
fused and in the last the party would be rcmanded his
former larfal custody.
The condition of in custody fugitive slave,
under this law. far respects the writ of babe
pus precisely the that of all other prisoners
under the laws of the United States The privilege of
that writ remains alike to all of them, but lie Judged
of-granted refused. discharged enforced-y the
proper tribunal according the circumstances OF each
case. and the and detention may appear
! to he legal or illegal.
The whole effect of the law may he thus briefly
tcd Congress has constituted tribunal, with exclusive
jurisdiction to determine summariy, and without APP
peal who ugitves from service labor under the
second section OF the fourth article o the constitution
and to whom such service or labor is dine. The iudg
ment of every tribunal of exclusive jurisdiction where
appeal lies of necessity conclusive upon every 9TH
tribunal, and therefore the judgment of the tribunal
of this is conclusive upon all tribunals Wherever
this judgment made appear, conclusive Of the
right of the TO retain in his custody the fugitive
from his service and to remove him hack TO the place
or State from which he escaped. IL it is shown upon
the application of tn; fugitive for writ Of habens
pus, prevents the issuing of the wrf upon the
turn, discharges the WRIT and restores maintains
the custody.
This view Of the law Of this fully sustained Ivy
the decision of the Supreme Court of the United States
in the of Tobias Watkins where the refused
to discharge upon the ground that he in custody
under the of of competent jurisdiction
and that judgment conclusive upon them g Pet,
] 202)
The expressions u-ed in the last causc of the sixth
section that the certificate therein alluded shall pre-
all molestaton" Of the persons whom granted
Shy any process issued &c, probably only what
the act of 1893 meant 10y declaring certificate under
that act a sufficient for the removal of a fugi-
tive and certainly do suspension of the habe
as corpus.
conclude by repeating my conviction that there is
nothing in the bill in question which conflicts with the
constitution. suspends, intended suspend,
4 the privilege Of the writ of hdbeas corpus.
have the honor TO be, very respectfully sir, your
obedient servant,
]. j. CRITTENDEN.
To the PRESIDENT.