The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-08
The Fugitive Slave Bill,

The following circular has been addressed by
Judge Jpdson TO The United States Commissioners
Tor The District OF Connecticut
TO THE UNITED STATES COMMISSIONERS, APPOINTED
ny THE CIRCUIT COURT OF THE UNITED STATES,
FOR THE SECOND CIRCUIT, WITHIN AND FOR THE
DISTRICT OF CONNECTICUT:
GrNrLrmEs-The fourth article of the constitution
OF the United States contains the two following pro.
vision', in one and the same section: "a person
charged In any State, with treason felony other
crime, who shall fee from justice, and BIS found in
another State. fhsll. on demand of the executive
authority OF the Slate nom which he fled be delivered
up to be removed to the State having jurisdiction Of
the crime
mo person hold to service or labor in one State,
under the laws thereof escaping into another, rha
In consequences Of any law regulation therein be
discharged from such service or laber but shall be
delivered up on claim OF the party TO waom such ser
These two Important provisions Of the constitution
were agreed upon By the State, In convention, and
adopted by all the States and they involved duties
and obligations TO be performed. They are not idle
words nor unmt aiming enactments The first branch
Of the article provides for the surrender OF criminals
to those States having power punish for the offence
committed, and is intended to promote public justice
The second branch provides for the restoration OF
fugives from service and s late ded to promote and
secure private rights ana private property. Both
these are essential objects OF law and society
not ex!ft without theiT protection,
Now, let Us suppose that Connecticut should deem
II Tor the best to protect offenders against the of
other States and refuse to send back fustves from
justice and go far as TO pass probbitory and penal
laws against their extradition BY our Governor what
would any sober man think Of such . proceeding?
ton All would pro nounce Il an nrsction fths
s'ituion. and our legislators would be deemed part
psble constitutional provisions. How would cit
2ens appear TO the people OF the other states in the
Union combined and armed sganst the r.,tefston Of
fueitivss from justice Those who deem che constiu-
tion worthsss may answer til, question. HeIe, then,
IL the second branch CT the fourth article and Connec
ticut has by her solemn vote 10 convention dspted
and sgrs,d fulfil that in like manner Th. act has
been recorded, and stands forth perpetual
ton to retore fuxitiyes from service. as well ., ugi
fixgp han Qht faL hv
this State che had the fame Interest Ia IL. execution
a. any other State Of the linton. Connecticut was
saveholding state then; and when her svss away
om their masters the constitution essential to
her citizens who IL en sayeholdsr to those
ton been released When has Connecticut been dis
charged nom her positive agreement to keep this part
OF the constitution Never. no never IL Is plain
principle OF ntrsls a. well as Law, that person or
body o0rporste. oSiDg Obligation or duty TO n
other, cannot Of themselves cancel the obligation
discharge q. duty This obs stlon I, plain and rests
State In eli it's original force unabated By tins
or circumstances. Can any rejecting desire to
zee Connecticut placing herself in the sttitude Of hos.
tty 70 the consttution her citizsns In the pest
ton Of foroibs resistance to the laws OF tbs Union
Before these seps taken the oost should be count
Cd Nullihcsiion and treason may be fellow travellers
Having clsssed these two provisions OF the centitu
be sxscuIsd and eaipisa 0n into e.et In The sam.
ell other parts OF the constitu tionby
suitable and appropriate laws of Congress And this
10 no new announcement Those distinguished patriots
vic frsmedthe constitution and knew its spirit
after the organization Of the government the 18th
Of February, 1893, passed set for that purpose,
uniting In the ssme act united In the fourth
article 81 the constitution both these objectths
storaton q fugives from justce and fusitves from
seryiceproyidipg the mesps OF restoi alton In each
case fusitiv.s from justice we're 90 be surrendered
application to the Governor and fugitves from service
60 be delivered up by Judge Of Circuit Dis
tct Court Of the United States by any magistrate
Of county city, or town corporate where the seizure
should be made
1t may be sell 10 look into the ast Of 17e3 md in
quife what officers we're entrusted With the power of
executing that act have already stated that fugi-
tives from justice to be surrendered by the Cover
Judicial power invested in Governor Iii, power 10
entirely executive and not Judicial The surrender
fuetives from service by that set IL given TO judge
Of Circuit District Court not TO the court but to
the Judge Of that courand person will claim that
Judge out Of court possesses powers ant no
rty WHEN In court, the court being open with the
clerk seal and record then the judicial character IL
attached.
But such IL not the power given BY the act Of 1893
u IL to the judge an not to the court.
Then comes the following designations Of oHicers to
Get in the surrender OF fugitives from service MsGs
ustes Of county, city, or town corporate Who are
ueseR Stat. offcprs-such . judges of the county
courts and mayors Of cities and aldermen. and towns
corporsts spd none of these have possess any
Judicial power or authority unless they ere In opsa
court with their clerk record, and seals The autho-
ry IL not given to them courts but simply By virtue
of their commieson ppointment while acting out
Of court. What the nature OF this power
cisl but executive and ministerial WIN be said that
testimony TO he heard cad cessiaosts TO be given