Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-09-09
Judge conk1ing's Opinion.

Judge ConkIing's Opinion.
The opinion recently delivered by Judge Concking,
at Buffalo, in the case of Daniel Davis, the alleged Flu.
gtive Slave, has presented the Fugitive Slave Law in
light to the pubIic and has produced good deal
Of general speculation and discussion this still exct-
ing subject. The argument of the learned Judge, ex
hbits this disgraceiu in less intensely dis
gustiog aspect, than that in which it has hitherto APP
peared He has plucked from it of the thousand
stings with which it is armed and has shown that it |
does wHy supervene that provision of the consti
tuition (which declares that post acto laws shall be
passed by the Congress of the United States.
The opinion of the Judge has excited the wrath of
the Hunkers. They angry with him for putting the
decent face possible upon the 10th section of the
act; and they say all of things, angry, against
him upon that account Judge Conking has construed
the 10Th section ofthe Fugitive Slave literally. He
takes the clauses Of that section of the law, and he de-
monstrates that has no retroactive bearing and for
this simple act of Intellectual Discrimination he is de.
nounced by silver greys, and unalloyed hunkers no
lawyer, and certainly judge. The tenth section
of the Fugitive Slave Law expressly declares, these
words:
SEC. TO- And be it further enacted, That when any
tory, in the District Of Columbia, shall escape there
from, the party whom such service labor shall be
due, his, her, their agent attorney may apply to
any court OF record therein, or judge thereof in
ton, and make satisfactory proof to such Judge
in vacation, of the escape aforesaid, and that the per-
son escaping owed service labor TO such party.
Whereupon the shall record to be made Of
the matter proved.
Judge Conklng argues and think with reason,
that the evidence advanced and confirmed and the
action pedicated by these words here down. have
reference to only in which the fugtves have
escaped since the passage of the law, and that all
tempts to capture and take back to slavery, upon this
precise process persons escaped before the passage of
the Fugitive act Illegal and in direct violation Of
the law. This finding, gave Daniel Davis his liberty.
The allegation in the certificate presented TO Commits
sioner Smith, and upon the strength of Which he de-
lvered the poor man, Davis, into the hands of the
southern bloodhounds, expressly declared that Daniel
had escaped several months prior the passage of the
law under which he held be returned to slavery
and upon this fact rested the decision of the Judge
By the 9th section of the law it is provided that
persons heretofore escaped, or who shall escape can
be reclaimed; but the Judge commended that the cases
specified and the process required for reclamation were
substantially and materially distinct from cases made
anu pIoflucu lOT ny tHt AUth stCIOn by oral teSt-
nony, before Commissioner or United States Judge,
without jury, all persons,no when they escaped
can be reclaimed but Judge Conklng is of opinion that
the 10Th section of the Fugitive Slave Law of 1850
innovation upon all the usages and forms Of law and
is extremely liable to abuse, and that therefore, it was
made and provided by Congress, that its action should
only be 10 the of persons escaping after the 18th of
September, 1850
This opinion does not materially change the character
of the Fugitive Slave Bill, neither does it indicate any
than modification of one of its obnoxious attr
butes; and yet northern gentlemen, kind friends Of hui
manlty, denounce this Interpretation as an outrageous
interference with southern rights.
1t would seem, after all, that the worst apparent law
that ever disgraced the statute book Of civilized
country, when subjected the Interpretation of an en-
lghtened, impartial, high soued man is no after all,
SO utterly, totally, unqualfedy atrocous, it seemed
when administered by IDgraham, Gardener, Smith,
Curtis, Haett, Lunt and such like.
The divine principles Of benevolence, mercy, justice,
and truth animating the bosom Of judge, and acting in
him, modify, towards humanity. the most Draco-
oan edct that concoctcd by the cruelest
tyrant; while avarce, meanness, cruelty and serviy
in the person, would, ostensiby, the
laws Of the Immaculate God into the edcts Of caprice
and cruelty. This opinion of Judge Conkling, we have
no doubt is received serious calamity by the Ma
tonal Wing party. It viii strengthen the honest men
amongst them in their disgust to this Fugitive Law,
and may prevent the easy degluton of the "Compro.
mise Measures as a whole" in State Convenions but
we ale grateful for it, ffor other than that it
has rescued one man from the clutches Of the kidnaprer
and allowed him the privilege Of choosing liberty
foreign shore OF slavery his own dear native land