Weekly national intelligencer., 1851-04-19

u
ed The act has grown out Of the sxgences and necese
which have referred and was forced upon the aento VI
Congress- mainly by the legislative interference Of tie aies
Had not the law Of 1898 been thus crippled II w1d pro-
baby have afforded all the means necessary y tbs e1scuon
Of the constitutional provision ttF
The supplementary act obviously framed WIN great sk
and and bears upon its lace the deep convcon OF ne
body that enacted IL that the constitutional provision mas no,
only been dsregsrded, but that etied purpose, hxed
existed in podons of the country to set
its obligations nough The act meets this condition OF
things real or supposed and clothes the public authorities
With power adequate 10 the exigency.
Il coners authority upon commissioners appointed by the
Circuit Courts Of the United States 10 addition TO the judges,
to carry into execution its several provisions, and makes
the duty Of the mashsls and deputy marshas to execute all
warrants and pecepts issued by the judges commissioners
under the act subecing them fine OF 900 TO the use
Of the claimant in Of reusa and, after the arrest and
while the fugitive is in their custody if he she is allowed
escape, with without their assent, the marshal made
liable upon his official bond be prosecuted for the benefit OF
the claimant for the full value of the slave.
The commissioners also empowered within the
ties in which they respectively reside, to appoint in writing
suitable PERSONS from time to time, 70 execute al
warrants and other issued by them In the
Of their dues with authority to the commissioners or the
persons thus appointed to summon and call TO their aid the
bystanders posse Of the county, when necessary to ensure
the due execution Of the law and s made the duty OF The
citizens thus called to the aid OF the officers TO assist in the
execution of the process whenever their services required
The act further provides that the claimant may pursue and
reclaim the fugitive either by procuring variant from the
court Judge commissioner OF the proper circuit, District
county, for his apprehension or BY arestng HIM or ne
where may be practicable without warrant and taking
or cau.iug the fugitive be taken forthwith before the proper
officer whose duty is made to hear and Determine the case
in summary manner and upon satisfactory proof either
oral by deposition properly taken and ceed that the
90 arrested owes service and labor the claimant in
the State or Territory from whsnce he she fed and that
they had escaped from such service to grant certificate to
the camsnt, setting forth substantially the facts Of the
This certificate is made conclusive evidence Of the right Of
ho tn tha
rtory from whence he she had escaped and declared to
be sufficient authority prevent all molesaon of the claim
ant by any process issued by court magistrate other
person wh0ms0ever.
The act subjects to fine and imprisonment and ALSO to civil
damages the party aggeved, any and every person who
shall knowingly obstruc HINDER prevent the claimant or
bis agent from aresng the fugitive, either with without
process who shall attempt to rescue the same
from the custody of the claimant his agent who shall
aid assist directly indirectly in the escape of the fug
tive who shall harbor conceal the prevent
the discovery and after notice that such person is M
gtive from service.
The act further provides that If the claimant or his agent
shall make affidavit after the certificate is granted that he
has apprehend by orce before the fugitive
can be taken beyond the limits Of the State in which the arrest
is msde shall be the duty Of the marshal officer making
the arrest retain the fugitive in his custody and
the the State whence he she had escaped and
there to deliver them to the claimant his agent and to
employ many persons he may deem necessary
such force and to retain them in bis service so long
These together with regulations the mode Of
proof before the Judge commissioner embrace substantially
every material provision Of the act And it will excite
think SURPRISE after the determined opposition to its
passage threatened and in instances actual
resistance to its execution in certain quarters when it is seen
that there power conferred upon those appointed
administer it udcay, but what conferred upon the
judges and other State magistrates under the act Of l793a
law approved Washington and Adams and enacted the
fathers and founders Of the repubic-no It is simply
in this respect substitution Of the commissioners in the place
Of the State magistrates who disabled and prevented
from dischargng the duty by the State authorities Full
confidence repnsed in them by the Federal Government
SO long they permitted to When thus disabled,
other officers selected of necessity, to supply their
places This is the only difference regards the Judicial
authority conferred by this supplementary act Neither
there any power conferred by 1t on the claimant his attorney
or agent but what is found in the act Of l793not All
the additional powers conferred upon the ministerial off,
ce-the marshal and deputy marshawho required
execute the warrants and other processes issued n pursuance
of its provisions and which warrants and processes the
those provided for in the previous act and
others Every ground Of opposition to this act dis
tingushable from opposition to the former, is exclusively
erble to the powers with which the marshal and his deputies
armed with view to its executon-powers essential
enforce obedience the mandates Of the officers and put
down, with strong hand, If necessary all disaecon dis
order insubordnaton resistance in whatever form pre-
sented The apprehension that any exorban powers
have been vested in the judges commissioners entirely
groundes that there is not pretc for any such app
hension The only apprehension for which there is the
slightest foundation is that the powers which have been
possessed by the judges and State magistrates since the
Of l793 now by the commissioners in their places may
eecuay executed that the law is made stronger than the
combinations and reasonable influences arayed against
and that the provision Of the constitution may be
forced and executed in the faith and spirit with which
adopted . Il.
Another subject arising out Of the provisions of this law,
and which has material bearing upon its execution it is
proper should be noticed.
BY the second section of the third article Of the consu-
ton it is declared that "he federal powers shall extend
all cases. n law and equity, arising under this constitutions
the laws Of the United States and treaties made, which
shall be made under their authority"
The power therefore, 1t will be seen, execute this act Of
Congress- belongs to the tribunals and authorieso the Fed
ea Government and in respect to these be executed
only by such or officers specially designated in
the act for the purpose The power therefore, is exclusive
in these courts officers, both respects the tribunals Of
the State, others Of the Federal Government Neither
act interfere In the execution of the law attempt
Of either to interfere exercise the authority its would be
coram non JUDGE, and void.
These propositions elementary, and obvious to
require no further comment
It seems to be supposed, however, in quarters, that
the State power, exercised by s tribunals under the writ Of
habeas corpus forms an exception to this generally admitted
doctrines and that through the agency Of this writ the g
tive may be taken Of the hands Of the federal officers and
the authority proprey Of the arrest deainer inquired
into and the person discharged remsnded according to the
judgment of the State magistrate. This is the exception
claimed to the exclusive power Of the federal officers degna
ted in the act.
II is apparent If this exception be maintained there
end the complete execution of the law Or indeed,
of any law Of the General Government by which the party
subject arrest is claimed that the State maggie
ate administer the act and enforce It's provisions under
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