New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-09-02

intent Is rot uneluivocllly expressed by the word
shalI alone. Ii | were permitted, however, -
look beyond The terms OF the provision itself and 10
speculate upon rs probable design, am i0le 10
perceive That the result would Re varied. The only
OtneT part Of this act specifically referred TO BY the
counsel Tor the claimant for the purpose OF shedding
light upon that under consideration. Is the beginning
oi tie Sl1tl . non, which provides for different
mode OF establishing the facts .: tile and escape.
The words here are That II person held %
service or labor. any State or Territory OF tle
United states. has heretofore. or shall hereafter
cape, &C. The Arguments, taatii Is manifest from
this language that Congress INTENDED % provide for
cases Of puor as well as subsequent escape. Thsre
can be 10 doubt Of this. fer the provisions 81
this section concerned. But Il Is 10 0e cousld-
cred that the ION section introduced most mp0r-
iant innovation upon the law Is t was before the
passage OF the act. Il authorizes An pqrfr apph-
cation 10 Court or Judge 20 be selected 0y the
claimant. ia the absence OF. an8 without notice %
ne party to De affected by the proceedings. 10 deter
nine CuecuOrS ~ az, involving his freedom or ser
viuce for lie, and declares the decisions OF such
Court or Judge - be full and conclusive evidence o.
the .actS decided, and therefore binding upon the
Judgment and conscience ~ the Court ! Iige OF
Commissioner n any other state. before whom the
alleged fugitive uay Be- reclaimed. i Is not my
IToYinte - express any opinion upon the reason
ableIess Of tins great innovation. II must be- con-
ceded that there were not wanting strong aad uStl
habe motives for this enactment and II IS sufficient
FOR those whose duty l. a. execute that Congress
have seen f. 10 adopt i.
But i may. think bc well supposed that m de-
ference 20 tie spirit of tie great principle 0i natural
justice anu >tltutloua ldw, Which ior0ds tAe en-
actmen of II post fd-f0 laws, Il WAS Intentionally
limited 10 cases of escape from Servtude. there leer
10 occur anc THIS inference. | am OF opinion, is
rather SIengtheTe d than weakened by the retro
active phrase olcSy employed N the ON >ecilon.
The liability oi this provision 60 abuse Is too obvious
10 escape notice. and 1t Is worthy OF observation.
that the present case. 1t appears by the record
Of the Kentucky Court instead OF requiring the
personal attendance OF the witnesses OF me CLAIM
mt . 4
grave and responsible duty imposed upon II oy the
act 10 receive afidaytS and to act upon them alone
although the Opponents are described a residents
y The city OF Louisville. where the Court aelf
II may well be that these witnesses were credible
persons. able from their own knowledge to attest
10 all the facts requisite fully TO warrant the dc
clSIonS Of the Court, and that careful croSs-ex'
animation would have elected no other facts "a
vorable 10 the petitioner but cOncedlng mat the
evidence before the Court might lawfully De held
by II 10 constitute the satisfactory proof Ie-
CURED by the act, the opposite course OF proce-
dure would to say the least, have been more con
sonant with the established, ard. rs | had sup
posed, universally recognized principles - en-.
.ightened Jurisprudence. | am therefore also Of
opinion, that 1t Is my duty to apply to this enact
nent the same rsle Of construction that Is appu-
cable 10 penal statutes. II Was. saws ftoie>-
Sor Christian, one Of the laws OF the twelve "a
bes Of Rome, that whenever there was QueS'
ton between liberty and slavery. the presumption
should be on the SIDE Of liberty THIS excellent
rrinciple our law has adopted m the construction
of penal statutes. for whenever any ambiguity
arises in a statute Introducing i new penalty or
punishment, the decision shall be on the side OF LEM
y and mercy or IN favor of natural right and lber-
y or IN othe1 words, the decision shall be accord
ng 20 the strict letter III favor OF the subject And
though the Judges IN such cases may frequently talNe
ard solve difficulties contrary To the intention OF the
LEGISLATURE vet no further inconvenience can result
than that the law remains rs Il was before the situe
And It Is more cOn>Onant 10 principles OF hoerty,
hat the Judge should acqut whom the legislator IN
tended To punish, than that ne should punish whom
the legislator intended to discharge with inpunlty
i B.ac Comm. IS, note 10.
The result Of this examination then H. that though
the evidence on which alone the Commissioner
founded his adjudication would have been sufficient
and conclusive IN arising after the passage oi
the act II wholly lnapphca5e to case IKE the
present. arising before the passage OF tie act. In
other words as appears the face Of the certificate
Itself. the ad Indication made Without evidence,
and the only question l. whether tins great error.
arising. have no doubt, from inadyertence. can be
corrected on haleag c9rpiS. think It may, and that
il is my duty 10 10 T. IT, IS Il has been sad, good
warrant Is a good cause OF detention, the converse
o. the proposition not less true shall accordingly
allow The Hrli but It must be made returnaoe before
me n the Court House IN Buffalo. II two O'Clock. +
VI tomorrow.
: -, Ii will be seen by paragraph N another par
Of The Tribune tkat the Slave has been discharged
and has betaken himself to Canada.