The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-13
VINDICATI0N OF THE LAW IN BOSTON.
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Termination Of the Slave CaSe---His
Surrender.
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DECISION IN FJLL OF COMMISSIONER CURTIS.
Judge Woodbury's Refusal to Enter
tain Habeas Corpus.
shipment Of the Slave to Georgia on board the
tr Brig Acorn.
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Prayers and Indignation Of the Aboli.ionkts.
INCIDENTS
&c Gn Gn


At nine O'Clock on Friday morning, the Commissioner
nrocceded TO deliver the following opinion in the Of
On Friday last, Thomas Simms Of color of about
twenty-five years of age, brought before under
~ Ghstham county, in the State OF Georgia who claims
him fugitive from service The hearing Of this
mas been continued from day to day until the present
time, and am now TO give my decision.
That decision II would require but very short time
10 pronounce there had been raised question Of
counsel for prisoner argued with great ability
the question Of the cons,tutionalty the
sress under which this warrant issued, and have
-aled upon me, as they had right TO do, affirm
deny it. II scarcely be for to say that
Tabor responsibility, by any tribunal whatever com
petent TO the decision Of the question: but nas-
nuch as my decision il final so far as the restoration
On fugitive to the state Of Georgia is concerned and
1nasnuch court has felt il inter
pose to relieve me Of this responsibility, know Of
reason why should shrink from It, have been told
indeed by the learned who closed this for
the prisoner (Mr Charles G. Lorng) that it to
have been the design Of the projectors this
make it as odous possible the people Of the free
states; and that If it is held to be constitutional end
have been told that my decision will send this man to
pcrpetua slavery and to increase to the in
density the responsibility of acting according its i'm
pcratye rcqusitions, have also been told that there
are many persons in this community fully entitled
remain here who will be placed practically and directly
IN the peril OF its grasp II it Is held to bo
! am here 10 decide grave question Of law, the dec
sion u which far the rights of the parties before
me deped upon H. has been unavodably upon
4 am 10 decide that question upon my conscientious
convciiocs u the truth by intellectual process over
WHICH consequences have just influence or con
frel. have lsteucd, with all the attention | could
command, 70 what has been addrt ssed to my
have too much respect learned counsel and have
too stcnuousy endcavored keep my in an att-
tude where IL could appreciate his argument
Lovs 70 suppose that any part OF it intended
10 be addressed to my fears recognise In his sugges-
Sons ana his earnest assertions only evidence of the
strength OF his convictions, and of his of the
lousy maintains.
The learned counsel said to me in the of his
gunicnt. that there consideration connected ~ith
the Statute under which act, which must be humli-
ting 10 this court and TO every other that had
thing to do with IT, and that the which made
The compensation 10 depend upon the manner in which
the case decided Ii the learned supposed
that the sum Of five dollars likely TO influence my
Judgment upon any question in this he did right in
reminding me that the provides for a cOmpen
tion But il would, in my opinion, have been we'll if
the learned counsel before he addressed to this
servatioD, had examined the statute whether
though authorizes the Commissioner receive coln-
pcnsaion II imposes upon him any obligation 10 take H.
III II does not, for humiliation. and
tainly feel none.
In stating the views which entertain Of the various
grounds of objection TO the consttutoniity of tn
Jaw urged by the learned counsel for the prisoner
sha not undertake to the whole Of taer
of reasoning My purpose will DO to state the
shich satLy my own mind that their objections
sintcnable. Them cannot expect to convince. under
the circumstances Of the present occasion nor is t any
part Of my duty to endcayor TO 40 My duty, ac-
corliDg tc my understanding of it, will be fully dis
questions that havebec discussed Nor shall under
take to examine Arguments that have been made else
where or 70 follow and refute any OF reasoning
defamation that have led others tho opiaons which
they entertaiI with regard to this constitutional qucs
fion
The first objection taken by the learned counsel for
the prisoner TO the constitutonay of this act of Con-
rcss H. that the power which the Commissioners nadrr-
takes to cxerrse under IL 4. judicial power aud the
Constitution Of the United States does not authorize
Congress confer Judicial power upon any persons bat
Judges with stated salaries appointed by h President
Tor life aud holding their Offices during good behaviour
The ID article II the constitution declares that The
judicial power shall extend to all in Law aud equity
arising under this constitution the laws Il the Untei
States, Sc. and u also declares, That the Judicial
power II the United States shall be vested in
Court and in such inferior the Conrrs
rnay, from time TO time, ordain aud establish rb@
Judge. both of the Supreme aud Inferior Courts shall
hold their Offices during good behaviour, and shall at
stated tines receive for their services compensation
which shau be diminished during thoir continuance
In ofhce. The Commissioner, it is vcsy properly
tended, a. not such Judgc
The principal auth ory relied upon by tho learned
counsel to sustain their position that the power
lerrcd upon the Commissioner l. Iulicia power i
passage IN the opinion ~ the Supreme Court OF the
United States pronounced by Mr Justice story in thu
Of Prsgg the Commonwealth Of PeDnylvanis 10
Peters Ol6 That passage Is as follows: 1t h plain
then. that where claim IL made BY the owner, out Of
possession for the delivery If slave must De made "
i a, against some other person; and ngsnuch the
tight = right q property capable of seing recognized
and asserted before court a justice between parties
adverse to each other, II constitutes IN the stctet
-ensc, controversy bctNeeE the parties AMI case
arising under tho Consttuitn Of the Unitel states,
within the express delegation a judicial pows given by
thnt instrument Congress. then. may call that power
into activity for the very purpose of giving csc t. that
right; and II then il may pr, scribe tho mode and
tent In which II shall b. applied aud how and under
what circumstance the proceedings shell Afford
pletc protection aud guaranty y the right
The force and eject of any passage in the opnion Of
Court dcpcnds " course upon the question decided.
aud upon the of reasoning employed IN coming e.
The decision The great questions raised an decided in
prrgs ease were whether matter ot jurisdiction,
he surrender uf fugitives from service imposed by
The constitution upon the general government upon
the state goyernmcns and II upon the general govern
icnt vhciher Congress could egats % carry the in
JUNCTION If the constitution into effect The decision Of
the Court sas, that this duty was imposed exclusively
ion the general gove nmcnt and being imposed there,
upen the great principle that where there s duty i'm
pc-cd tho q fulfilling u by necessary imPicl
fion part e the grant that Congress poes-d tnil
authoriiy 20 provide thosc means by legsiation In
coming o this result the court lad down the two position
contained ia the passage cited at tho bar, and which
have jus read They held fret that claim Tor the pos
session Of fugitive slave arising under the
.onattutio of the United states and so was within the
uren ~ judicial power which that constitution had con
ferrcd upon the general government; secondly that be-
ing such cs.c, Belonging to the judicial power q the
Union and that of the States IL for Congress
20 regulate aud prescribe the remedy the form ~
ecdings and the mode aud extent 10 which the judicial
power Of the Union should lie called into activity.
Now ihe learned counsel for tn prisoner hatg la'tod
meet stfenuousy the first II these posons but they
have said nothing with regard 70 the -econd s % ~,
Why they not both cquay binding upon my Judicial
,oiscierre They both the solemn annuncatiuns ly
he hghc. tribunal of The country of doctrines q con-
-tilutiona law and II am to take the one as.l certain
y do take H. 20 be settled law equally bound 10
gard the other. also In the same light
admit then fully, that claim for fugitive lave y
casr between parties arising under the Constitution of
the United states and therefore that Il belong. to the
judicial power q the United states admit a,o' ana
snainain et ipasnuch this case belongs to te lu-
lcinl power of the United states " 4 for Congfas 70
iecidc IN what mode 10 what extent. and under what
orns o. proceeding that judicial power shall - called
into eNcsi.e - qdcr 10 give effect 70 the rsght o the
owner tlaming fugitive slave II 20 The only question
"a whether this particular form Of procedure authorized
% thi sec q IL not such form ~ exercising tho jn-
ciai poTer "a y competent TO the general govern
snent "a employ.
take u 20 have been true NJ thg time when the
Constitution formed u has been since and had
sccn for very long time previous, that in all govern
ents formed upon the English model and possessing
Ihe English constitutional division Of the executive Legs
lAye Judicial departments there Is in the adm mis-
fraton of the laws and the discharge Of the functions Of
aovcrrment certain class ~ inquiries judicial in their
nature hat which conndcd TO officers not contut-
ing part of the judiciary strictly 50 called Thus In
fnalsnd. Master IN Chancery performs duties which