The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-15


soner Curtis delivered yesterday morning the case OF
Thomas Sipms II will be perceived that the commits
sinner susains the consttutonalty of the fugitive slave
law and decides upon granting certificate TO the claim
ami OF the slave III
On Friday last, Thomas Simms. a man of color. Of
about twenty-five years Of age, was brought before me
nnder a warrant issued at the instance of James Potter
citizen of Chatham county, in the State OF Georgia.
who claims him fugitive from service. The hearing
~ his case has been continued from day 10 day until
,he present time and am now to give my decision.
That decision il would require bui very short time to
there had not been raised question of law,
which ssy a~s
oueston OF the consuion@ity OF the act of Congress
under which this warrant was issued and have called
upon me- they had right to do, TO affirm deny it.
II can scarcely be necessary Tor me 10 say that should
have bee glad 10 have been relieved OF this labor and
responsibility BY any tribunal whatever, competent 10 as.
sumo the decision OF The question; but nasInuch my
decision is final Tar the restoration Of the fugitive
10 The Stale OF Georgia concerned and inasnuch as no
court has felt to be necessary to ntepose to relieve me
Of This responsibility. know Of no reason why should
shrink from it, have been told indeed, by the learned
counsel who closed this case for the prisoner (Mr.
Charles G Long) that il TO have been the de-
sign Of the projectors OF this law TO make il odous
possible the people OF the free States and that if it
Is held be constitutional endless agitation must
have been told that my decision will send this
perpetual slavery and as ii TO increase to the utmost
intensity the responsibility OF acting according TO its i'm
pera,ve requistons, have also been told thai there are
many persons in this commuAiiy fully entitled TO remain
here who will be placed practically and directly in the
peril OF ilsgrasp, if il is held TO be constitutional.
am here TO decide grave question OF law, the deci-
sion OF which, SO far the rights OF the parties before
me depend upon it, has been unavodaby cast upon
am decide that qaeston upon my conscientious
ycons of the truth, by an intellectual process over
which consequences can have no just influence or
troll. have listened with all the attention could
msnd TO what has been addressed to my reason have
much respect for the learned counsel and have too
slrenuousy endeavored 10 keep my mind in an attitude
where could appreciate his Argument to have allowed
myself suppose that any part Of il was intended 70 be
addressed 10 my fears recognise in his suggestions
and his earnest assertions only evidence OF the strength
Of his convictions and Of his OF the Importance OF
the opinions which he so ably and zealousy maintains
The learned counsel said 10 in the of his
argument, that there consideration connected with
the statute under which act which must be humiating
this COURT and to every other that had anything TO do
with it, and that was The clause which made the COM
pensalon depend upon the manner in which the
decided If the learned counsel supposed that the
Of five dollars likely TO influence my judgment
upon any question in this case, he did right IN reminding
that the statute provides for compensation. But It
would, in my opinion, have been well If the learned
COUNSEL before he addressed TO this observation had
examined the statute to see whether, although author
ICES the commissioner TO receive a compensation il
poses upon him any obligation 10 take it, IL it does not,
see cause for humillaon and certainly feel none,
In stating the views which entertain of the various
grounds of objection to the cons,u onay OF this law
urged by the learned counsel for the prisoner shall
undertake TO answer the whole OF their course of
ing My purpose will be 10 state the which sat
isy my own mind that their objections untenable.
Them cannot expect TO convince under the circumstan-
ces OF the present occason nor IS any part OF my duty
to endeavor to do My duty, according 10 my under
standing OF it, will be fully discharged BY stating my
convictions upon the several questions that have been
discussed. Nor shall undertake 10 examine arguments
that have been made elsewhere or to follow and refu,e
any processes OF reasoning defamation that have led
others 10 the opinions which they entertain with regard
10 this constitutional question.
The first objection by the learned counsel for the
prisoner TO the consttu,onay OF this act OF Congress
that the power which the commissioner undertakes to
exercise under II judicial power and the constitution
Of The United States does not authorize Congress TO con-
fer judicial power upon any persons but Judges with
stated salaries appointed by the President for life, and
holding their offices during good behavior. The 3! ar
uce OF the constitution declares that "the judicial power
shall extend 10 all in law and equity arising under
this constitution, the laws Of the United States, &c
aud also declares that the judicial power OF the United
States shall be vested in Supreme Court, and in such
Inferior courts the Congress may from time TO time
ordan and establish The judges, both OF the Supreme
and inferior courts, shall hold their Offices during good
behavior and shall al stated times receive Tor their ser
vices compensation which shall not be diminished du
Hng their continuance Office" The commissioner, IL
sMry properly conlended. is no, such Judge
The principal authority relied upon by the learned
counsel 10 sustain their position thatthe power conferred
upon the Commissioners is judicial power. is passage
u the opinion OF the Supreme Court OF the United
Saes pronounced BY Mr. Justice Story in the case OF
Prgg Us. the Commonwealth Of Pennsylvania, 10 Peters
66 That passage follows " IL Is plain, then, that
where claim is made by the out of possession Tor
the edevey OF slave, il must be made, il al all against
suht Otner person and inasfnucn as tDe flgH
Of property capable Of being recognised and asserted be-
lore court OF Justice between parties adverse 10 each
oher constitutes in the sTictest sense controversy
between The pares and arising under the consti-
luton OF the United States within the express deega.
hon OF judicial power given by that instrument Con-
gess then, may call that power into activity for the very
purpose Of giving effect TO that right and, If then il
nay prescribe the mode and extent IN which II shall be
applied and how and under what circumstances, the
proceedings shall afford complete protection and guar
anee 10 the right"
The force and effect OF any passage in the opinion OF
court depend, of upon the question decided and
upon the course oil reasoning employed IN coming TO the
aeesion. The great questions raised and decided in
riggs case were, wLeiber, as matter OF jurisdiction,
the surrender of fsgi,ves from service imposed BY
he constitution upon the general government, or upon
Tie Stale governments; and upon the general govern
ment, whether Congress could legslate TO Gerry the in
pbclion OF the constitution into effect The decision of
The court was that this duty imposed exclusively
upon the geneal government, and being imposed there
upon The great principle that where there a duty i'm
posed the oil fulfilling it by necessary mpca
Hon part OF the grant, that Congress possessed full
authority 10 provide those mean. by legislation In
IONS contained IN The passage cited at the bar and which
have just read They held, first, that claim for the
possession OF fugitive slave a arising under
we Constitution OF the United States, and so within
he grant OF judicial power which that constitution had
eonerred upon the general government; secondly, that,
ptng such belonging TO The judicial power OF the
uhon, and not 10 that OF the States II was for Congress
regulate and prescribe the remedy the form OF pro-
teamg' and The mode and extent IN winch he judicial
power OF the Union should be called into activity.
Now the learned counsel for the prisoner have insist.
mos, sirenuousy on the first OF these POSITIONS but
hsy have said nothing with regard TO the second see
Cfwhy they are not both equally binding upon my
tit al conscience They both the solemn annunof-
sons w the highest tribunal Of the country OF doctrine.
Of cons' 'uonal law and if ] am 10 take the one, as
Certainly do take it, TO be settled law, am equally