Weekly national intelligencer., 1851-05-10

more regular and orderly manner and without being chargea-
bic with breach Of the peace II obviously contemplated
prompt and summary proceeding adapted to the exgency
The occasion, In aid Of power terms conferred by the
constitution the claimant vested the power of inquiry
(whethes regarded judicial otherwise the same power
which il drawn In quesion in magistrates Of counties
cities, towns corporate. As to the mode Of trial
plated by this act, s described by Mr. Justice Mclean
his opinion in the hereafter cited these terms Both
the constitution and the act Of 1893 require the fugitive
from labor 10 be delivered up on claim being made by the
party or his agent to whom the service is due Not that
suit should be regularly Instituted The proceeding au-
thonzed by the law summary and Informal The fugitive
seized and taken before magistrate within the State and
on proof Psrol written, that he labor the claim
ant is made the duty Of the Judge magistrate to give
the cercate which authorizes ths removal Of the fugitive
TO the State from whence be absconded." tat6s
An historical fact mentioned by the learned judge
which may throw some light not only the introduction Of
the constitutional provision, but the form Of the law intended
to carry il into effect. ate set i
Al early period says he, of our history, slavery exist
ed in all the colonies, and fugi,ives from labor
claimed and delivered under spirit Of comfy
tonal law among the colonies. aaas
If such the practice when the colonies ndepend
ent of each other in their municipal laws regulations and
even after partial union by the articles Of confederation
which made provision the subject may it not be
sonaby conectued that this claim custody Of the person Of
the alleged slave, when there positive law TO regulate
it, exercised through the medium Of colonial msgrates
exercising analogous powers in similar cases. and may not
this have suggested the method provided for in the act of
1882 4,t N a. aafs fehs eo,
By the Of 1898 the authority Of issuing warrant to
arrest fugitive from labor, Of inquiry into the fact both of
owing labor and of having escaped and the authority Of
granting certificate is confsed justices Of peace appoint
ed for Of years, and without salary, by the State Gov
enmen the magistrates cities and towns corporate s
very manifest therefore, that their powers deemed
judicial by the Congress Of 793 in the sense in which II il
insisted that the commissioner before whom the pet
toner has been brought in the of Judicial powers
warranted by the constitution because commissioned
judge and holding bis Office during good Behavior In
deed it is difficult by general terms TO draw precise line Of
distinction between judicial powers and those not judicial II
easy desgnAtehe broad line but easy mark the
minute shades of difference between them Those officers
who hold courts and have civil and criminal jurisdiction be-
yond doubt exercise Judicial powers But there srs under
every Government functions to be exercised partly judicial
and partly administrative, which yet require skill and
ence, Judgment and legal and judicial Discrimination
which it is difficult classify. So under our Co.
vernnent in the constitution Of which similar provision
found requiring all judicial officers except justices of peace
be commissioned and hold their Offices during good beha
vior. We find many such cases Such are bank comrns
soners county commissoners sheriff. when presiding
and nsucpg ures empannee ASSESS road damages and
damages for flooding land commissioners Of insolvency
the estates Of deceased PERSONS and living nsoven debtors
masters in chancery, and many others. s
Now, far understand it, commissioners Of the Cir
cult Court Of the United States officers exercising func
ons very similar to those Justices Of peace under laws
Of the Commonwealth. They commonly appointed from
among counselors law, and of standing, and we'll
reputed for professional skill and experience Their duty
inquire into violations Of the laws Of the United States 10
hear complaints issue warrants hold examinations and bind
or commit persons for trial for offences. These
functions requiring considerable skill and experience 10 the
administration Of Justice and i 10 just to presume that they
are duly qualified to perform their duties. &s{
Would il not be competent for Congress- under the powers
vested in the General Government provide by law for the
appointment of justices of peace in each district to be vested
with powers under the laws Of the United States analogous
-
der the State Government without commissioning them
judges during good behavior, and giving them fixed salaries
AT the time may be proper to If this argu
men drawn from the constitution of the United States,
first applied to the law Of 1898, deriving sanction
from contemporaneous construction, judicial precedent, and
the acquescence of the General and State Governments the
argument from the limitation Of judicial power would be en
tied to very grave consideration. tl. NJ RI.
But entitled to consider this new question.
but settled and determined by authorities which il would
be derelction OF official duty and disregard OF Judicial
responsibility to overlook. ea.
We have already referred the great weight be given
the exposition Of statutes what may be regarded con-
constructions and this construction Is of the
importance when the question turns upon the constu-
onay Of legal enactment made after the adoption
of such constitution, and for the avowed purpose, not only
fconormng strictly to the powers given by the constitution,
but Of carrying out the very objects and purposes con,empa-
ted by it, To this to be added acquescencs both
of the State and General Governmens of their representa-
tives and people, for nearly sixty years, and series Of judi
ca decisions by the highest courts Of and of the
other States and also Of the Supreme Court Of the United
States whose authority upon eonrovered questions, within
their ursdicon and declared by their Judgments bind
ing upon the judges of State courts. ioH.H lay
The constuonality of the act of 1898 directly be-
fore this court and was argued and ddecded
" Griffith, Pick. ll The opinion Of the court was de-
lvered bv that most humane and enlightened magis-
trae the late Chief Justice Parker. After disposing Of
technical question: be says this brings the to single
point whether the statute of the United States giving power
to seize slave without warrant is constitutional After
aludng 10 the relative condition Of the States and the cir
cumsances under which the constitution made, he
they he States by whose laws slavery was permed might
have kept aloof from the constitution. That instrument was
compromise. II compact by which all are bound
We consider them what is the intention Of the cons
tuton Again, the constitution does not prescribe the mode
Of recaming save but eayes il to be determined BY Con-
gress Whistler the statute h harsh one not for Us %
tutonal, and We think the defence I well made out The
Chief Justice added tina: this construction Of the statute has
been adopted evsr since the Federal Constitution went into
operation by Lowell and Davis Justices Of the District Court
of the United States To weaken the force Of this precedent
has sometimes been sad when the has been cited In
argument that this opinion Is not unanimous 1t is true
that Thatcher! j. dssented from the majority as to the con-
sructen of the law but did doubt its consitutonaliy
He admitted that Congress might prescribe mode Of
apprehending fugitive from service which should suPersede
our law. n 1881 @ si
In answer to the objection to the constutonay Of this
statute pressed upon the consideration Of the court
the case last cited that had been in operation then thirty
years. and its constuonay had never been before question
ed If that consideration had weight with the court then, the
acquiescence Of thirty years has greatly increased it.
shall next cite the of WIghtv. Deacon, Serg
and Rawe g. in the Supreme Court Of Pennsylvania and
do the readily because the opinion delivered by
Tlghman, c. j., whose authority cited in the argument