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

II. c...s sssv N daede whether given power was JUDI.
cal or administrative. In general inc t~o A ~ "
power were sufficiently distinct but was nor 80 u iea
Hon 10 some subjects over which power was gwen; and
Il might be difficult 10 determine whether power was
JUDICIAL or ia ITS nature In cases OF ad-
mnisratiye power some discretion was vested In the
odicsg authorized exercise the power And there was
another Of some importance The govern
ment OF the United States was divided into three
branches-he executive, legislative, and judicial 10
some extent each branch must be the Judge OF ITS own
mowers; and unless the contrary clearly and maDIlesy
appeared IT was 10 be presumed that Their acts were
within their constitutional powers And Congress may,
10 extent. decide what are administrative and What
are judicial powers in legslang Tor the purpose oil carry
ing out the provisions OF the constitution
The court did not any special necessity Tor present
og the petition to Them as The sabeei appeared 70 come
more particularly within The jurisdiction OF the United
States courts, which were more IN The practce oil consi-
erng and acting upon the laws passed by Congress The
tendency Of such applications TO State courts was 70 bring
the State judiciary into conflict with the national judiciary
which always desirable 10 avoid, Tor the purpose OF
maintaining that harmony which is so important IN our
system Of government Ii had been customary Tor The
State courts to wris OF habeas corpus ~ cases oil
enlistment the United States services but IN such cases
the party not held in custody under legal process
but only by officer OF The army or navy who had
no color oil power by law TO decide in the premises But
here the commissioner had the right 10 decide under
express law aud the presumption tina, the law was
constitutional Touching upon The objection that The law
wac unconstitutional because II does not provide Tor a
trial by jury, he remarked that in this respect was The
same as the of 1885, and the court felt that the long
OF judicial decisions on that law were binding
upon them. Those decisions embraced The principles
upon which this must be settled II the question
were indeed new one the court might pause and take
more time for consideration II was true the act was re-
cent and OF the proceedings prescribed were novel;
yet the determination OF the questions which arose under
il depended upon the decisions OF nearly fifty years and
long OF practice familiar TO the minds OF The
court His honor concluded with the remark We are
bound to say, our unanimous OPINION and with lull
sense of the weight of our opinion that the writ OF habeas
corpus cannot be granted in this case"
The HEARING BEFORE THE COMMISSIONER CONTINUED
At twelve o'clock while the argument the haJsds
w an Urncp III,
g. T. Curtis, esq, United States, commissioner, took his
seat In the United States court room Tor the purpose OF
on Saturday. but a note handed 10 him from Chief
Justice Shaw, requesting him TO delay proceeding until
O'Clock, by which time Mr. Rantoul would be released
from the other court The commissioner thereupon al
journed his court till O'Clock.
Al that hour the court opened again, and both
Messrs Lorng and Ranloul askel for the further delay
till 8 o'clock. when the decision in the supreme cou
was TO be given; but the commissioner declined, and
ordered Mr. Rantoul to proceed with his argument.
Referring to the positions laid down by him on Satur'
day, Mr. Rantou entered with great eabor aieness into
the constitutional argument arising from The grant OF
what he maintained Judicial power TO the commits
soners The argument was the same in substance as
that made by him in the supreme judicial court He
said that under the commissioners certificate, the owner
or his agent might carry Simns anywhere and sell him
10 South Carolina. Cuba, or Brazil
The commissioned interrupted him, and SAID that moth
ing of the kind could be done by virtue of the certificate
The only authority given by the certificate 10 take
the party back to the State from which he had escaped
sl left the question OF the pays right 10 his free
nails of the State
Mr. Rantoul replied that the act did not provide any
penalty if the agent Carried the party elsewhere, sold
him nor did il provide Tor the trial OF the pays rga
in the Stale TO which he remanded.
The commissioner asked him he meant TO argue thai
the law was unconstitutional because Congress had
omitted TO make provision for the protection OF the par
tys alleged rights after the granting OF the cehcale
Mr. Kantoul said the practical effect of returning a
presumed to be slave in Georgia could get opporu
nifty Tor trying his rights He would neither be allowed
liberty TO 80 and consult lawyer nor would have the
means OF deaying the expenses oil legal proceedings
In the afternoon, Mr. Ranioul discussed The provision
OF the constitution which gives the trial By jury in all
cases at law where the dispute exceeds twenty
dollars He also dwell, at length the magma chara
provision Incorporated into the constitution, that one
shall be deprived Of his life, liberty, property except
fronting the witnesses. Under the law, the testimony
upon which party adludged slave was eI parte,
and there was in TACT no trial at all.
Al this stage, Mr.. Rantou account OF the arduous
and long continued abors oil the day. asked for ad.
journment and after some discussion 10 relation to the
part 10 be taken by Mr.. Loring, the closing counsel
that side the commissioner adjourned the court until
half past eight this morning.
As Colonel Thomas, counsel for The claimant, has the
final close the commissioner suggested 10 hlm that 1t
would be proper for him to furnish MIR Lorng with the
points be intended 10 make, and he agreed TO do
Mr.. Rantoul will discuss this morning the point that
Congress has power under the constitution to pass any
law for the restoration OF fugitive slaves.
VExATIous PROSECUTIONS cAsE.--Yesterday
the three witnesses Barnett. Bacon. and DeLyon were
1rr0oted on WTts Tor SO0Oo each, aesinB mat tney
came here to kdnap Smms. They gave bail
writ OF repevln also served on General Devens
the United States marshall 10 deliver up Simms from
tody, but he refused compliance Herewith.
The captain and mate OF the brig IN. 4 j. C. Gilmore
have been sued for confning Simms after they found
him secreed on board.
A coored man named John Randolph has sued Mar
shal Tukey for 1900 for stopping him in the and
searching him for weapons.
ARREsT ANOTHER NEoRo.-Last evening, at the ad
ournment OF the commissioners court consequence OF
manifest disposition the part OF the opponents of la
and order and common decency 10 annoy mob the
gentlemen who here from Georgia as witnesses in
the OF the alleged fugitive Smms, City Marsh
Turkey, with few OF the police, accompanied those gem
temsn 10 their boarding house An excited mob OF blacks
and whites followed up, oahoong and using any guam
ty Of insulting language and the police and those
under their protection entering the doorway OF
the Exchange Coffee house negro was seen TO
heavy club IN apparently threatening Officer
Whiting Immediately arrested his and held him.
Marshal Turkey, looking around, discovered the ne
gro 10 be the John Randolph who, the morning, had
brought civil suit against him for alleged assault de-
tention, &c. RAndo phi was forthwith conveyed to the
police lookup, and committed 10 Jail
.9Ht Boston TINES, Apra s.
NOTTD1CATlON.-The subscribers beg beir