The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-09-25
The New york Decision.


The decisien of Judge ConkIing in the
case of the slave Daniel, at Buffalo, granting
the writ of haJeos corpus, by which slave
was discharged from the custody to which be-
had been committed by the United States
Commissioner as a proved fugitive, continues
to be much misstatad We observe that the
Boston Post treats, itas decision under which
mo slave who escaped prior to the passage
of the fugitive slave law can be held under
that law" The n Y. Courier falls into the
same error, and says that by the decision, if
sanctioned, all fugitives who escaped prior to
ihe 18th oeptember, 1850, are cutirely free
and not subject to be recla ned.
It is a great mistake; and as it is upon a
sucjoct ofso much interest to Southern slave
holders, we Will repeat as succinctly as pos
! sible the real extent and point of Judge
Cmlkling's decision.
This Judge Conkling is the United States
1 District Judge of the Northern District Of
New York, which appointment he has held,
we believe, for, fully twenty five years.
BY the fugitive slave law the owner of an
escaped slave has his election between two
modes of making the initial proofs for the
recovery Of fugitive. The first mode is
prescribed in the sixth section, which is made
By its own terms retrospective as well as pro-
: spective It enacts that when slave in
any State or Territory 'has heretofore OF
: shall hereafter escape" into another State OF
J Territory, the owner may, on arresting him
$ in the State where found, and having taken
g him before the designated tribunals, make
g proof there of the ownershipof the slave, he
: escape, and the identity of the fugitive ar
rested. On these proofs he is entitled to {
c certificate of removal.
, But the tenth section gives the. owner the
$ privilege of making the preliminary proof
i of the ownership and escape of the slave be
n fore acourt of record in the State from which
r the slave escaped and makes an authentica
:, ted record of these proofs receivable, as con
s elusive to the facts they show, by the Office
S before whom the fugitiveis brought, narrow
It ing down the proceedings there to the proc
7, of identity. The record is conclusive whel
:, produced, but the case may be proved with
e out #.
Is The tenth eection which confers this ney
e privilege on the owner, does not, however
e icontain the words which make the sixth SEE
ton retroactive. The Judge ruled that thi
!, section was, therefore, only prospective; an
+ that the privilege Of substituting recor
A. proof taken in the courts at home, for th
B. testimony which would be required by th
n sixth section to establish the case in the Stat
r where the slave was arrested, only apple
e. to cause. of escape after the law was passed
rs The sixth section provides for all cases
le escape before or after the passage of the Law
The tenth according to this decision, onl
n applies to cases alter the passage of the Law
ca In all cases of escape beforeth the 18th Septen
vs. Der, 1850, the claimant must proceed undi
le the sixth section, and make his proofs in Il
court before which he brings the fugitiv
of mall cases arising since the date, the ella
US mant may at his option, proceed under Il
cs sixth section, or take his proofs ofoKnershi
ch &c, in the court of his own State under 4
tenth, and producing the record in the f
lc- State, proceed at once to the proof Of ide
st tity
n It is clear, therefore, that the decision
Is the judge, evenif sustained, has no such ,
10 feel as the Courier slipposes in releasing ful
~ tiyes from liability seizure and return y
IS der she Law.
Me Another part OF the Jua &c s dee7slon IS
IS considerable interest, as bearing upon 1
d disputed question how far the writ 81 llss5e
ii corpus IS lenied by Tue ueifiiye slave law
~ denial which llas been the subject q go
An- deal Of contention in Tie North:
Jndge Conking refused g mt tie ]
9As lieation foy tlsia Hris 81 petition, eour
lea fle required lhat the cause 81 copplai
" should be seq arth u the petition Ont
ne eeona application, With the
igo cause that Gle pfoeec
~ WHICH he pr onef was held, rs and
als "a gnane The law