The southern press., 1851-04-10
From the Boston Journal.
The Fugitive slave Case.

From the Boston Journal.
The Fugitive slave Case.
EXAMINATION or THos. slMs--coSTINuED.
Full Report of The Arguments Of he Counsel
for the Defence.
At IL o'clock m the Commissioner came in,
but on account of Mr. Rantoul being engaged In
the Supreme Judicial Court, the examination OF
Sims was postponed for an hour AT O'Clock
THIS afternoon the Commissioner again came Ill,
and the hearing proceeded
The Commissioner inquired Of MIR. Thomas
whether he had any further evidence in the case ;
and he having answered in the negative, Mr.
Curtis inquired of Mr. Sewal whether it was
arranged who was to argue the case, to which
he replied, that either Mr.. Loring or Mr.. Ran
toul. Mr. c. further said, that he deemed it his
duty to forward the case as fast as Justice would
allow. 1t had been assigned for II o'clock, and
must now be commenced.
Mr.. Rantou proceeded, and said he proposed
to submit the several propositions, which he
read when the Court was last in session. The
first proposition was that the power the com.
missioner was called to exercise in this case was
judicial one, and such rs could only be exer-
csed by Judge. That the commissioner could
not be Judge was evident from the language
of the Constitution, which he read. He sup
posed it could not be pretended that United
States commissioner was such person as here
described as United States Judge. He was
not to hold his Office for life unless impeached,
neither did he receive regular stipulated COM
pensation, and therefore he could not be judge
of the Supreme Court; and there could be no
inferior court under this, unless such was held
by judges.
The powers granted to the judges of the u.
s. Supreme Court were exclusive. The Con-
stitution gave to the several departments of the
United States government certain specific pow
ers, and they could take no power that was not
expressly given. Hence Congress had no power
to establish any court, except such rs the Con-
stitution provided for. If the commissioner
was not Judge, he could not exercise judicial
power. Hence, it became an important inquiry
what were judicial powers. And was the COM
missioner called upon in this case to exercise
them! If 80, he was bound to refuse. lie was
bound to determine whether what he was called
upon to do was constitutional.
Was the power, then, a judicial power? The
judicial power was defined in the ID section Of
the Sd article. which he read. Did this claimant
invoke, and did this act provide for such pro-
ceedings as constituted case under this Sd ar
ticIe What was case A suit was a case
Any proceeding whereby any party demands a
right He had not had time to look up those
cases that he had read much less to look after
Others IF therefore, there was not sufficient
accuracy in his mode of statement this must be
his apology.
A case was when claim was made by one
party and resisted by another A case in law,
was such case as he had described, which was
not ease in equity or in admiralty. Any pro-
ceeding of any kind was case at law, unless it
came under one or the other of those described
in the Constitution. He read from the 10th Of
Peters, 6l5th page, Prigg Us. Pennsylvania
which defined a claim in accordance with the def
milton he had given. BE read also from the 9th
of Wheaton Cohens us. Virginia, 37S-9, and
also, in the case of Prigg Us. Pennsylvania, 3l6th
page, which declared the claim of a master for
slave to be a ''case arisinr under the Constltu-
ton within the express declaration of the judi
cial power"
He did not deny that, Congress might direct
the mode in which this might be done, but Con-
gress could not confer these powers upon any
but judicial officers. They could not confer ju-
dical powers upon an executive officer, nor
could they confer executive power upon judi
cal officer And Congress could as well confer
upon commissioner. IF this were not so, Of
what use was written constitution? One i'm
portant object of written constitution was to
keep the several departments of government
distinct and separate.
The judicial power extended to cases of law
and equity. The case of Parsons and Redford
contained fuller definition of what cases in law
were Sd of Peters, 436, he read to show that the
trainers of the Constitution when they spoke Of
law, had the common law in their minds. "The
amendment might be considered rs embracing
all cases not in equity or admiralty" SO said
the IT, s. Supreme Court. The 9th section of
the act spoke of this action as a" case" from
which he read: and the Supreme Court said il
was a case of law.
II fell within the definition of the Supreme
Court. II was case at law, within the mean
ing of the Sd article, and the Supreme Court
had decided that this came within the judicial
power.
Mr.. Curtis said the counsel did not state it
quite correctly. The commissioner was to give
him certificate authorizing him to convey him
to the State where he was held.
Mr.. Rantoul said this certificate did not COM
pei him to carry the party back to that State.
The act of 1850 undertook to give the COM
missioner concurrent jurisdiction with the court.
commissioner was an 0ilcer appointed 10
perform an inferior act; but court and court
alone, undertook to decide cases finally This
law gave the commissioner not the power to
perform any subordinate Office but to exercise
concurrent jurisdiction and jurisdiction of law
as well as of fact and their decision was above
the Supreme Court, for there was no way in
which the Supreme Court could recall him.
Mr.. Curtis said the certificate authorized the
claimant to take him back to the State whence
he escaped, and nowhere else.
Mr.. Rantou An authority was not a CON-
mand Suppose under the warrant granted,
this claimant should be authorized to take this
person back to Georgia, and this agent of the
claimant sold him in Maryland, would that sale
be Illegal
The Commissioner Most certainly. The sale
would be entirely void.
Mr.. Rantoul thought if his honor had arrived
at such conclusion, it must be by direct insp-
ration, for there was not n word in the act to
the contrary The claimant might carry him to
Georgia, to Texas, or to Cuba, or any where
else. 1t was exceedingly importont that the
oourt choul1 fy;va caraful popai1 protinp of fhis