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

Supreme Court oveuued the objection and held that il
was competent TO the legislature confer authority upon
the Dahk commissioners 10 find and represent the court
state OF facts which the court were 10 found pres
ent and immediate action This is entirely analogous in
principle TO what Congress have done in the present
stance They have authorized certain PERSONS in another
Sate to hnd certain fact, which the commissioner
here IS to act when 1t IS properly certified TO him.
Nv. The next objection taken by the learned counsel
for the prisoner 10 the constutionaty OF this act of
Congress is, that The prisoner not present at the
taking of the evidence before the State Judge and had no
opportunity TO examine the Witnesses and therefore
tue evidence Is incompetent.
Ii the prisoner is the Identical person mentioned and
described in this transcript OF record having escaped
from Georgia while owing servce-and has been proved
to BY evidence wholly independent OF the record that
ne shs absence from the State where the evidence s
directed by law to be take that he coHd not be served
with notice, II he was entitled 10 II, IN his own
wrong, and he cannot complain that he had no OPP
portunIty TO cross-exanine the Witnesses
v. The last objection of the learned counsel is that
Congress have power to legsate on the subject Of
The surrender OF fugitive slaves at all but that is
| States. lJt % #a@#I #l t.. ' s@l
Imight rest here wholly upon the authority OF that
high tribunal which IS supposed to settle the construction
OF the constitution of the United States But all these
questions have been pressed upon chal
lense my separate and independent Judgment, shall
briefly state my view of aqueson which has long been
part OF the settled law of this country.
not necessary to look into the historical grounds
on which this clause of the constitution is believed TO
eectually accomplished only BY the national govern
ment The very words OF the clause seem to me man
70 @sSss sss suh @ I s sas hs
or labor in the State to which they may have fed sin
consequence OF any law regulation therein" ltwoud
SEEM therefore, to be beyond controversy that the OBJ
ect of this provision to prevent State legislation
from interfering with or imparng the right of the
ter TO the service Of his slave is intended declare
and 1t does declare that whatever may be the law of
on the subject of personal liberty, that
aw shall not be applicable to person who owes service
Within nj Ss Ss o h ba
that the master 10 whom such service labor
s due shall retain unmpaired the right to that service or
labor which the law OF his own State has given him
Here, then. is great leading purpose which the
constitution meant to and accomplish, and which
must be accomplished by means The clause moi silent
as 10 the means. II does not stop with the simple an
nunciato1 Of the principle that the law of free State
snail apply to fugitive from service due in another
ed up on claim OF the party to whom such service labor
is due" Now, undoubtedly, the question arises upon
this Injunction, BY whom is he to be delivered up But
is it not quite obvious that construction which confines
the duty of making such delivery to the State govern
ments may defeat the whole purpose which the previous
part OF the clause manifesy dscloses' That purpose is
10 prevent any State legislation whatever from dscharg
ing the obligation to render service But 10 say that the
State, whose egisation whose common law, if left
10 operate upon these cases, must discharge that obga
non, the authority and the sole authority, nirusted
with the power and duty of preventing this consequence
IS TO put II IN the power OF the State do that which the
constitution says shall not be done
1t Is, 10 my mind, no answer to this difficulty to say
that the constitution prohibits the States from doing
tain other things and at the time leaves them phys
caly Tree 10 do them, they t-or, other werds
leaves them TO their volton, whether do
them or to refrain from them The constitution declares
that no State shall pass any bill OF aande post ne0
law, or law impairing the obligation of contracts; but
every State physically able disregard this prohibition
and its leg salion will operate upon individuals until the
judicial power interposes. There is active and in
sanlaneous means OF enforcing the prohibition provided
by the constitution, for the simple that the nature
OF the does require any, but the remedy may
well be left 10 the slow but operation of the u
dlcial power.
But in the OF the prohibition in question, which
he of rhnr.
obligation OF service due another State, there super
added TO the declara,o Of this principle the means of
giving II an immediate and certain operation by the de
livery OF The person owing that 10 the person 10
whom IT IS due. cannot bring my mind to the concu-
sion that il intended by the constitution TO leave the
sole application of these MEANS thus induslrousy added
TO the prohibition, TO the very authority against whom
the prohibition itself is directed On the contrary, it
seems TO me that when the constitution prohibited the
laws and regulations of the States from operating dis
charge the obligation OF SERVICE and order prevent
this operation provided that the party should be dev
cred up II meant to cast at least. the concurrent duty OF
causing that delivery upon the power which alone
efectually accomplish 1.-THE general government To
this have only add that the question OF the power OF
Congress TO leglsae the subject of the surrender OF
fugitive slaves is conclusively settled by the Supreme
Court OF the United States in the OF Prgg, and upon
their authority IT may be safely left to rest
One other objection of technical character remains
TO be noticed and that is, that the power OF attorney
under which the agent OF the claimant undertakes TO act
IS not properly authenticated This power OF attorney is
acknowledged before and certified by notary public OF
the city OF Savannah The statute requires the power OF
attorney TO be acknowed edged and certified under the seal
oil some legal officer OF the State Territory in
which the same may be executed" (Section 6.) The
objection is, thai notary public not legal officer with
IN the meaning OF the statue. | am OF opinion that
he Is notary public. by the OF his office. and
according to The law and OF all civilized States,
general certifying officer to the written acts OF indiyd
uals, intended 10 be used another country than that
where they executed His authority, for Ais purpose
does not depend upon the local law but upon the nature
OF his Office, understood and admitted everywhere
and in this respect he differs essentially from many
ps,
Saltoun q Maddoxs Ch. it was held that if deed
is formally executed in foreign country and the
ton is authenticated by notary public, this is sufficient
proof to ente 1t to be read but if Authorization
before the mayor of foreign town. il is received
without proof OF his office.
| 10 the evidence which has been offered
here to establish the right of the claimant 10 remove
from this district Thomas Smms the prisoner the bar
Two propositions 10 be established aihfmaivey by |
the claimant every under this act Isl, that
person owing labor 10 claimant escaped
from the State where such service or labor was due
I'd, that the prisoner under arrest is the person who so
escaped.
The statute prescrbes particular mode IN which the
first OF these propositions may be proved, although II does
moi contne the claimant to that particular form OF proof
IT, however the claimant fit TO make use OF this
mode of proving the fact OF escape by person owing
service the evidence, when put into the form required
by the statute is conclusive OF that fact, but OF nothing
beyond it, The second proposition. involving the identity
of the prisoner with the described to have escaped
remains be proved by independent and satisfactory
dcnce and is open TO ccntestaon as long doubt
exist about il.
The provision OF the statute which pre.crbes the mode
in which claimant may make this conclusive proof of
the TACT OF escape by person owing service 10 him
has already been read