The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-09

vereignties. each acting withinits proper coastu-
the foregoing views, which induced my predecesscr
Governor skunk, to sanction tho act OF the 81
March, l847 :.
The power to act on the subject of the extradi |
ton Of fugitive slaves being thus vested solely IN
the national government II y the PLAIN duty OF inc
citizen to submit TO its enactments under the con-
stitution. To act differently would DC clearly re-
II the word . claim was intended to express an
sscertained right Of property to the person OF the
fugitive, vested in rhe claimant, then much OF the
lhe mere demand for the person of the fugitive
fixes his destiny by the terms of the constitution.
His extradition would be determined without proof
of ownership on the part of the claimant and with
out evidence OF the identity or flight OF the person
claimed. II, however, the term used in the con.
stitution signifies challenge OF the property be-
longing to the claimant, and withheld from him
and the eAactments on the subject requiring proof
OF right TO subsantiate the claim and the concur
ring decisions OF the Supreme Court, afflx this
meaning to the term-then the question arises
how, and through when, shall the claim be made,
and by what evidence sustained
In the adoption Of the proper remedy TO assert
this clear right, patriotic citizens may differ. and
the privilege TO maiEtain aud express that honest
diversity of opinion must not be impaired To
surrender it, under violent threats and denunciatory
clamor, would be an abandonment OF the deeply
cherished privilege of liberty of thought and
speech. When the enactments of the national
tice and propriey, il is their duty TO seek their
modification and amendment The Recently en-
acted Fugitive Slave Law, lille il remains statute,
demands the support Of all the citlzens and unless
our written constitutions are worthless parchments,
until the Judiciary declare II otherwise, must be
esteemed constitutional enactment. Are its de-
fecs OF such a nature as 10 warrant the public IN
urging its anne ndmentt
That part of the law which authorizes the crea.
ton of new and irresponsible tribunal, under the
name of commissioners, Is liable TO exception
Waving the inquiry whether the judicial power
of the United States can be vested anywhere but
in regularly organized courts, with the records
of courts, there objections of serious import
10 the institution OF this tribunal. All history
shows, that special tribunals, clothed with dis
crerionary powers over person and property, are
liable 10 abuse, and have been instruments OF OPP
preston IL In these, the early days OF the repub-
lie, when no reason OF urgent state necessity can
be invoked, powers OF high judicial nature over
the kbeTty and property of an individual are to be
vested by appointment of an inferior tribunal, in
an irresponsible person, the security of the life,
reputation, and liberty OF the citizen in after times,
when new political or social emergencies may
arise will depend on most prccarious tenure. The
courts of the United States, whose Judges have
pride OF character, and over whom a controlling
influence is exeued by the impeachment clause of
the constitution, should alone be invested with
these extraordinary powers. Rather than hazard
the chances of illegal decisions, and the consequent
irreparable Injury of an individual, results SO full
Of danger 10 the peace and good order of society,
the judicial power of the nation might wisely be
extended. II it be deemed expedient to deny
trial by jury, and lodge the adjudication of this
right of property in the breast of a single Judge,
the kind of proof required should be indicated,
and full record of the entire proceedings be
made and preserved. Processes issued should be
returned, and the extradtion OF any colored per-
son. for whose arrest a warrant had issued without
hearing had before the judge, should be visited
with the penalties of kidnapping. These modifi-
cations of the law, while they could not interfere
with the rights of the of the fugitive, would
fsuH IN sl.fv he nd mfr, fizap
ously DESTROYS to perform their constitutional du-
ties.