The republic., 1851-03-15

CIicnQcfe
or offence against the United States, by arresting,
imprisoning, or bailing the came, under and by
virtue of the 33d section OF the act OF the oath Of
September, 1889; and who shall and may exercise
ali the powers that any Judge justice o the peace
may exercise under and in virtue of the 9th section
of the passed the goth OF July, $780,. BY these
acts there Is ''full confirmation" of the former
suggestion that the "Commisssonu Is only
change of the name of the officer entrusted with
certain duties-not final, but preliminary See
Statutes at Large, vol. 5, page 5i6.
There is still another act 20 which reference may
be had-an act passed August IL, lo4S, entitled
An act giving effect certain treaty stipulations
between this and foreign governments, ior tne aP,
prehension and delivering up OF certain oienders.
Statutes at Large, vol; o, page SVz ny .nis ao.
and transmit the testimony 10 the Secretary OF
State, at Washington, that a warrant OF extradi'
ton may be Issued by him to remove the person
charged to the country where the crime was COM
mitted for trial. Then comes the act OF 1850, CIV
ing these same commissioners the power, ON the
claim of the of fugitive from service, TO is
warrant, inquire into the case, and, on flnd-
ing the facts alleged to issue certificate, and re-
turn him to the State from whence he escaped.
Then what arc the laws Of that State? Every per-
son go returned may there take his case TO court
and jury try the merits to ascertain the fact OF his
being slave. Not only that, but the officer
swering to States attorney is obliged by law
to try his for him at the public expense, before
jury. If not slave, the jury acquit him, and he
goes free. So ii is in all the other pre-
Iminary proceedings are had before the governor,
before Judge, before magistrate or a justice OF
the peace, in falling within the 4th article.
The legal objection raised against the power OF
commissioners under the act of 1850 would be
equally consistent, if urged against the power OF
those officers under tn. other acts here quoted, and
yet not lisp has ever been heard against such
power. Under those acts they hear complaints;
they grant warrants of arrest they hold to bail;
they commit to prison for trial before court and
jury having final jurisdiction. Persons not a few
have been sent to foreign countries upon the pre-
E,,,i, Hiun Of
missioners, there to be tried on the inertia OF the
cause. and no voice this broad Union was ever
heard against that proceeding.
Scarcely q month elapse when the Governor
Of our State is not called upon for warrant OF
extradition of persona to other States, for trial
there; and this passes without objection! Butnow,
when these commissioners are about to carry into
effect like provision Of the Constitution, the cry
of illcgaIty and onstitutonality is heard from
the same voices which repudiate the Constitution
itself. They tell us that these commissioners are
appointed by the circuit court-that they are judi
cial officers exercising judicial powers-and that
Congress cannot, under the Constitution, give such
power to commissioners. The great error into
which these objections lead is the assumption OF
what Congress never did assume.
Ii was never intended that any of those officers
named in the law of 1893 should be deemed judicial
tribunals. Had that been intended, then they
would have been declared courts of record, fur
nished with seal such, with clerk to record
their proceedings. The members of Congress of
that day did not consider the service of those oh
GERS OF suCn character as required the proceeding
to be before court of record They knew what the
Constitution meant, and framed the law of 1893 to
suit the provisions of the Constitution.
We are to understand that the law of 1893 is not
repealed-t is now in full force; and if any State
officer named in that act will hold jurisdiction of
cause, it will be, and is, legal for him TO do
So The act of 1850 adds to and amends that act,
but docs not repealit
All these acts proceed on the ground that both
branches of the 4h article of the Constitution were
similar in their provisions, and require for their
execution laws of similar import. They contem-
plate that in both classes of the inquiry il
preliminary, and not final.
There is no State in this Union where any man, |
by the laws OF that State can be holden q slave
when he IL freeman and not slave. The courts, |
them are open at all times to try the rights of free
dom. Cases of that sort Of frequent
The OF SGlome Muller contested before the
court in New Orleans, and resulted in her freedom
Should commissioner bc SO unfortunate as to
issue a certificate OF extradition, and the negro
should be removed to the State Of Virginia, this
certificate Id never conclusive; but the claim for
freedom there could be instantly brought before n
pronounced. There is one immaterial difference
between the law Of 1893 and 1850, which may have
induced some to suppose that the proceedings
under the lave of 1850 are in their nature judicial
This difference consists in the fact that by this law
the judges of the circuit and district courts term
time well as in vacation, have concurrent juris
diction with the commissioners; but this eircum-
stance, when properly considered, cannot produce
The object to enlarge the facilities for prose-
cutting these claims in the same manner and for the
same cause that the number of commissioners was |
to be enlarged We must look at the service, and |
decide from the nature of that service whether il is
judicial or not certfcat issued in tern, time is
to have the same effect and none other, ccrti-
hcate issued by judge when out of court, a COM
or magistrate; and this certificate on
its face and by the law, is only to the per-
son claimed from the jurisdiction OF this State to
another, leaving the question of right open, to be
decided By the laws and courts of that State whence
he fled. Our own courts often called upon to |
discharge other duties besides those Of judicial
character Should the objections considered
PREVAIL then neither the Secretary of State nor the
Governor could hereafter issue their warrants of
extradition.
Thus, gentlemen, have taken this occasion to |
express the reasons of my belief that the law of
1850 authorizing the appointment of commission |
ers, Ia constitutional, and confers them ample
power to carry into effect the second branch of the
fourth article Of that instrument You have been |
selected for your ability, integrity, and legal
science. You have been selected for your sacred |
reverence Of the Constitution and the rights Of per-
sons under that Constitution who may be brought |
before you, and entertain the fullest confidence
that these trusts will be safe in your hands.
Your obedient servant,
ANDREW Il. JUDSON.
CANTERBURY, Feb. IL, 1851