The republic., 1851-03-15
THE REPUB BLIC.
,uac, Judson,s Circular 10 the United
States Comm iss ioners

Judre Judson's Circular 10 the o"itea
States Comm sioners
The New York Journal Of Commerce has been
furnished for publication with the circular ad-
dressed by Judge Judson to the United States
Commissioners in Connecticut, in reference TO their
powers under the Fugitive Slave law.
III, ,L, Irnifel Siafes Commissioners, appointed by
,bs C;re,;f Courf nf The United States for the Sc
eond Circuit trithin and for The District OF Con-
uectcuf:
CxsrIEMES: The fourth article Of the Constitu-
ton of the United States contains the f'co oocing
provisions in one and the some section "a person
charged in any State with treason, felony or other
crime, who shall flee from justice, and be found In
another State, shall, on demand OF the executive
authority of the State from which he fled, be deiiv-
cred up, to be removed to the State having juris-
diction Of the crime"
'No person held TO service or labor in one State,
under the laws thereof ping into another, shall
in consequence Of any law regulation therein DC
discharged from such service or labor put shai pe
delivered up, on claim OF the party 10 whon such
service or labor may be due. "
These two important provisions OF the Consttu
ton were agreed upon by the States in convention,
and adopted by all the States, and they involved
duties and obligations 10 be performed They are
not idle words, unmeaning enactInents The
first branch Of the article provides for the surrender
of criminals TO those States having power to punish
for the offence committed, and is intended TO pro-
mote public Justice The second branch provides for
the restoration of fugfiUes from service and Ia in
tended promote and secure private rights and prt
rate property. Both these essential objects OF
law and society cannot exist without their protcc-
ton.
Now let us suppose that Connecticut should
deem it for the best to protect offenders gainst the
laws of other States, and refuse TO send back Jug.-
tires from Justice, and go far az to pass prohibi-
tory and penal laws against their extradition by
our Governor, what would any sober man think OF
such proceeding? What would the civilized
world Judge of legislation? All would pro-
nounce il an nfraction Of the Constitution, and our
Legislators would be deemed participators in crime,
as well as violators of clear and palpabe constu-
tional provisions How would our citizens appear
to the people Of the other States in the Union, com
bned and armed against the restoration OH ugires
from justice! Those who deem the Constitution
worthless. may answer the question. Here then is
the second branch Of the 9TH article; and Connect
cut has, by her solemn vote in convention, adopted
and agreed TO fulfil that, in like manner. The act
has been recorded, and stands forth as perpetual
obligation to restore ugitiues from service, as well
as fugitires from Justice. When this obligation
taken by this State, she had the same interest
in its execution as any other State IN the Union.
Connecticut was a saveholding State then, and
when her slaves away from their masters the
Constitution essential to her citizens, who
were then shareholders, as to those OF any other
State in the Union. When has this obligation
been released? When has Connecticut been dis
charged from her posiiire agreement to keep this
part of the Constitution Never /; no, never. 1t Is
plain principle OF morals as well as law, that
person or body corporate, owing an obligation or
duty to another, cannot of themselves cancel the
obligation to discharge the duty. This obligation
is plain, and rests State in all its original
force, unabated by time or circumstances. Can
any rejecting desire to see Connecticut
placing herself in the attitude Of hostility to the
Constitution, her citizens in the position of
forcible resistance to the laws OF the Union! Be-
fore these steps taken the cost should be counted
Modification and treason may be fellow travellers,
but the journey would be short.
Having classed these two provisions OF the Con- |
stitution as important, it may be inquired, how
they to be executed and carried into effect? In
the same manner as are all other parts of the Con-
stitution, by suitable and appropriate laws OF Con-
gress. And this Is no new announcement. Those |
distinguished patriots who framed the Constitution
and knew its spirit, soon after the organization OF
the Government on the 18th day OF February,
l793 passed act for that purpose, uniting in the
act, ~ united in the 4th article Of the |
Constitution. both these Objects the restoration of
fugitives from justice and fugitives from service,
providing the means oil restoration in each case.
Fugitives from Justice to be surrendered on
application to- the Governor, and fugitives from
service were to be delivered up by judge of cir
cult district court of the United States, by any
magistrate OF county, city, otcn corporate, where
the seizure should be made.
Ii may be well to look into the act Of 1893, and |
inquire what officers were entrusted with tho power
OF executing that act. have already stated that
tugitires from justice to be surrendered by the
Governor of a State. A goUernor is not court |
there Is no judicial power invested in governor.
His power is entirely erecuftre and not judicial. |
The surrender of fugtives from service, by that
act is given to Judge Of circuit district court;
not to the court but to the judge of that court; and
no person will claim that judge out of court pos
sesses Judicial powers authority. When in |
court, the court being open, with the clerk, SEAL
and record, then the Judicial character is attached
But such is not the power given by the act of
1893; 1t is to the judge, and not to the court.
Then comes the following designation of officers
to act in the surrender of fugitives from service
Magistrafes of county. city, or fotrn corporate.
Who are these! State officers such as judges of the
county courts, and mayors Of cities, and aldermen,
and towns corporate; and none Of these have, or
can possess any judicial power or authority, unless
they are in open court, with their clerk, record
seals The authority IL not given to them courts
but simply by virtue of their commission or ap-
pointment, while acting out of court. What was
the nature OF this power Not judicial but er-
ecutiue and ministerial. Will it be said that testi- |
mony is to be heard, and certificate to be given
or refused? So that is the when the Gov
ernor proceeds in surrendering fugitive from
justice So also with sherffs, constables, and |
marshas, who are executive officers; they have |
facts to investigate and persons to identify. The |
peculiar nature of the serpice gives character
10 that service The service required by the Consti
tuition and the act Of 1893 peculiar service,
falling within the scope of judicial service, and
hence this authority was given 10 officers named, |
and may be called executive andminiseral 1t must |
not be forgotten that these magistrates State |
officers, for the United States bad no such officers
as "magistrafes Of counties, cities, towns corpo-
rate" This law was carried into effect by these |
estate magisfrafes until the State Legislators be-
coming wiser than thoee who made the Consttu-
ton, enacted prohbitory lava forbiddng their State
magistrates from the discharge Of their duties under
law OF Congress, claiming, ground OF such
legislation, that States were not bound to furnish
officers to execute the laws of Congress. Thus the
law of 1893 was in effect suspended by the free
States To remedy this evil, the law Of September
18th, $780, was enacted, which ia entitled as ollows
"a act to amend, and supplementary to the act
entitled an act respecting fugitives from justice and
persona escaping from the service Of their masters
approved February IL, 1893" This anendatory
act authorized the enlargement of the number OF
United States Commissioners, and prcscrbes their
duties in regard to fugtiv from service and labor.
For this the law has been assailcd unconstitu.
tonal, and constitutes my apology for addressing
you the present communication.
The constitutiopality of the act of 1893 and the
act OF 1850 have been in other respects amply
shown, that do not purpose here to say a single
word on that subject. My remarks will apply to
of 1850.