The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-11

effect. for the time being 10 abrogale virtually, the mo-
VISION OF The constitution i, left but one or, al most
power was thereby restricted the district and circuit
Judges OF the United States Oar own State as early as
lsso. iorbd their magistrates from acting, under the pen
any OF me and imprisonment. (2R s., 464. Si1)
These and other more rect nierteences, by lesisa-
i've acisoi the States, with the execution of the law Of
i9o ogelher wan The open resistance with which it's
execution was met IN some instances by combinations
against aw ieu necessarily 10 the recent supplementary
ACT, and TO which wish now particularly 10 call your
attention. -.a'
THE ACT OF 1850 ENDORSED AND EXPLAINED II
This act IS designed, first, substitute officers Of the
federal government IN the place of these State magls
tfaes; and, second, to the officers with sufficient
power and authority enable them to execute the law
against any resistance, actual or Threatened, and in
whatever form II might be presented The act has
grown out OF the exgencies and necessities TO which
have Referred and forced upon the attention OF Con-
States. fs-Rf M
Had no. the law OF 1893 been thus crippled, ii would
probably have afforded all the means necessary 10 the
execution OF the constitutional provision.
The supplementary act is obviously framed with grea,
skil and care aud bears upon its face the deep
ton Of The body that enacted il, that the constitutional
provision has not only been dsregaded but that settled
purpose, fixed determinations existed in some portions
OF the country 10 set its obligations at naught The
meets thus condition OF lhinss real or supposed and
clothes the public authorities with powers adequate
The exigency
It conisrs authority upon commissioners appointed by
the circuit courts OF the United States in addition the
auges 10 carry into execution lis several PROVISIONS and
makes the duty OF the marshas and deputy marsials
TO execute all warrants and peceps Issued by the Judges
Or commissioners under the act subecng them 10 tine
OF l 000 to the of the claimant, in of refusal
and alter le arrest, and While the fugitive their
custody he or she lowed to escape with without
their assent, the marshal is made liable upon his official
bond TO be prosecuted, for the benefit OF the claimant for
the full value OF the slave. a.. t.a .@
The commissioners also empowered, within The
counties III which they respectively reside, TO appoint
writing. suitable persons from time 10 time.
to execute all aud other process issued by them
IN the performance OF their duties, with authority to the
commissioners, the persons thus appointed 10 summon
and call TO their aid The byslanders posse of the
~ when necessary 10 insure the execution of the
laws and is made the duty OF the citizens thus called
to the aid OF the officers assist in the execution of the
process whenever Their services required.
The act further provides that the claimant may pursue
and reclaim the fugitive either by procuring warrant
IRON The court Judge, commissioner OF the proper
circuit DISTRICT or county, Tor his apprehension. by
resting hum or her where it may be practicable without
warrant and byiakng or causing the fugitive TO be taken
iohW before the proper oceT, whose duty il is made
TO hear aud determine the case in summary manner
anu upon satisfactory proof, either oral by deposition,
properly taken and certified that the person arrested
owes service and labor 10 the claimant in the State OF
Territory IRON whence he or she fled, and that they had
escaped IRON such service, 10 grant certificate the
Claimant setting forth substantially The facts Of the case
This ceriihcae IS made conclusive evidence OF the right
OF the claimant to remove the fugitive back TO the State
or Territory from whence he she had escaped, and
declared to be sufcent authority to prevent, all moesta
alion OF the claimant by any issued BY any court
magistrate or other person whomsoever
The act subjects to fine aud imprisonment and also to
ciy damages to the party aggeyed any and every per-
who shall knowingly o6siruci HINDER or prevent the
Claimant or his agent from arrestng the fugitive, either
with or without prdcess or who shall rescue attempt
TO rescue The same om The custody OF the claimant his
agent or who shall aid ASSIST directly indirectly, in
the escape OF the fugitive who shall harbor conceal
me same so a. to prevent the discovery and arrest after
notice that such person iugiiive from service
The act further provides that il the claimant his
agent shall make affidavit after the certificate granted
that he has reason 10 appehend by force before
ia ltuItl ha fuka ~ thaN
IN which the arrest made, shall be the duty OF the
marshal or ofcer making the to retain the fugitive
IN his custody, and 10 remove The same TO the State
whence he or sae had escared and there to deliver them
to the claimant his agent. and TO employ many per
sons as he may deem necessary overcome such force
and to rean the IN has service so long In his Iudg
ment, the circumstances may require. i#. .I.#. -f
These, together with regulations TO the mode OF
proof before the judge or commissioner, embrace substan
ally every material provision OF the act and VIII excite
think. SURPRISE after the determined opposition TO
its passage and ihreatened and in some instances
actual, resistance 10 its execution in certain Quarers
when 1t is that there power conferred upon
those appointed 10 administer ludically but what was
conferred upon the Judges and other State magistrates
under the act OF l7o3a law approved by Washington
and Adams and enacted BY the fathers aud founders OF
the Tepublic-noi one II is simply, in this respect, a
substitution of the commissioners in the place OF the
State magistrates, who were disabled and prevented from
discharsing the duty BY the State auhor'iie' Full con
fdence reposed in them by the federal government
40 long as they were permitted 10 act When thus dis
abed other officers selected OF necessity, to supply
thelr Ihis only Inference fcRafus
judicial authority conferred by this supplementary act
Neither Is there any power conferred by on the claim
amt his attorney agent bu what found IN the act OF
I793nol All the additional powers conferred
upon the ministerial oficers-be marshal and deputy
shas-wbo required 10 execute the warrants and
other processes issued pursuance OF its PROVISIONS and
which warrants and processes the same as those pro-
yded for in the previous act. and none others
Every ground OF opposition to this recent act dstIn
sushabe from Opposition to the iormer, IL exclusively
reerabe to the powers with which the marshal and HIS
deputies armed, with a view TO lis executon-pow-
essential TO enforce obed,ence 10 The mandates OF he
officers and To pull down, with strong hand, II neces
sary all disafccoD disorder insubofdinaton, or re-
sisiance in whatever form presented The arprehen
sion that any cxorbant powers have been vested
in the Judges commissioners is entirely gouDdless
there Is prelextio any such apprehension ne
only apprehension Tor which there Is the slightest oun-
aion H. that the powers which have been possessed by
The Judges and Stale saes since The aci o lo3 ana
now by The commissioners in their places may be effect
ualy executed that the law il made stronger than the
com mbinaons and reasonable influences aganstl
and that the provision OF the constitution may pe en-
forced and executed IN The fah and sp WIN winch
was adopted. uoii lsf#. .tNEel
Another subject arising ont OF the provisions OF thus
law and which has material bearing upon lis execu-
lron, it is proper should be noticed.
POWER or THE FEDERAL GOVERNMENT TO EXECUTE THE
By the aecond section OF the third article OF the cons'
tuition i, is declared that he judicial powers shall extend
10 all cases. in law and equity, arising under tins consf
tuon the laws of the United States, and treaties made
or which shall be made, under their authoriy|
The powers therefore, IL will be seen, to execute TINS
act of Congress belong the tribunals and authorities o'
the federal and in reepect to these can oe
executed only by such courts officers as are specially
in The act for the purpose The power there
fore exclusive in these courts or oncers Dom as y re-
l 49,. -. - ~. At-VA nth N