The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-08


the power upon the United States Commissioners TO
carry 1t into execution. As the judicial power OF the
Union is vested in the Supreme Court and such inferior
courts Congress may from time to time establish the
judges OF which shall hold their Offices during good be-
havior has been supposed that the power TO execute
the law must be conferred upon these courts or upon
judges possessing this tenure IL is sufficient answer 70
this suggestion that the conferred upon
the magistrates under the act Of 1888; and which
the case Of pregg the Commonwealth Of Pennsy
held TO be constitutional by the only tribunal com
petent under the constitution, to decide that question
No doubt entertained by any OF the judges i'll that
that these magistrates had power TO act not
forbidden by the State authorities
judicial power mentioned in this section, and vested
in the courts, the power conferred upon courts
ordained and established by and under the constitution
strict and appropriate of that term courts
that comprise Of the three great departments Of the
government prescribed by the fundamental law, the
the other twothe Legislative and the executive
But besides this Of judicial power belonging to the
established courts Of government, there il incon-
siderable portion Of power in its nature judcialuasi
judicial : invested from time time, by legislative
authority in indiyidua separately collectively for
particular purpose and limited time
This distinction in respect TO judicial power will be
found running through the administration Of all govern
ment and has been acted upon in this since its founda
ton A familiar in the institution OF
missioners for settling land claims, and other claims
against the government, q It. at large, 32I-4I0)
strong illustration will be found in this State under
the old constitution Of l7 BY that justices Of the
appointed hy the council Of appointment and held
their offices during the pleasure of that body Yet the
powers possessed by most magistrates conferred by
acts the Legislature upon the aldermen of cities who
elected by the people But need not pursue the
subject the question must be regarded settled by
the referred 10.
founded upon the seventh amendment to the consitu
ton which provides that lin suits at common law, where
the value in controversy shall exceed twenty dollars the
right Of lal by jury shall be preserved
The summary mode Of hearing and deciding upon the
claim to the service Of the fugitive prescribed by the
cent act Is the same that prescribed by the act OF
1898. which the court in the already referred TO-,
held to be clearly constitutional in all its leading proy
sons.
The proceeding contemplated by the clause Of the con-
stution in question is not suit at common law within
the meaning Of that amendment IL settles conelusivey
right Of the claimant to the service Of the fugitive
except for the purpose Of the removal to the State from
which he or she fed-no than the proceeding, in
the Of fugitive from justice for the purpose Of
moya settles his guilt The question of right to the
service in the and of guilt in the other open
to final hearing and trial in the states from whence
they have escaped After the arrival OF the fugitive
there the certificate is no longer Of any authority
evidence Of any right.
Indeed so obviously does the constitution contemplate
summary hearing and decision in the matter that the
counsel for the state Of Pennsylvania in the
ferrcd to, did not make il point or call 1t seriously in
question ON an argument.
/ have gone the several provisions of this law
and Of the material questions arising out Of it,
and il am not greatly mistaken, have shown that all
the leading features Of ita the principles involved
have been either confirmed by the only tribunal compe-
tent to pass upon them or are so obvious that no lawyer
think can entertain wen grounded doubt about then
and that Congress has but obeyed imperative consti
tutional obligation in its enactment.
Ii Is law therefore which every citizen is bound to
obey and the public authorities enforce with all the
powers conferred upon them by the government.
The legislatures of Of the States have passed laws
bearing directly upon this provision Of the constitution,
and upon its execution in the mode prescribed by Con-
SO far these laws in conflict with the
visions Of the one in question or tend to abtruct and
barrass its execution they unconstitutional and
terry void; and can afford protection against its pc
nalties The law Of Congress is paramount aud L4us.
be obeyed.
Opinions expressed in the Of Prcgg vs. The
Commonwealth of Pennsy yais that the power Of Con-
TO provide the mode Of sIrenderng up tn. fugitive
nrng he int WA and hat
States disabled from acting at all the subject
Others that the power concurrent and although the
States could pass law in conflict with the act Of
gros competent for them pass laws in aid Of it.
and in urherance Of the execution Of the constitutional
provision.
1t is not important here to express any opinion upon
these different views; for whether the the
shall finally prevail the result is the In either
view law in conflict with the act Of Congress is void.
aud Of no effect
1t is not TO be disguised that the legislation of most
not all Of the Northern states. tending 10 cmbarrs,
and in some instances TO annu the provision Of the
Of 1888 has strongly impressed Southern brethren
with the conviction that these States have resolved
throw of that constitutional obligation They take IL
fer granted and Is difficult TO deny the inference that
the reflect the general sentiment the people on
the subject and that 1t must have become deep and
abiding to be sufficiently powerful TO mould the state
legislation.
IL j. Ii legislation more than occasional riotous
sembles in resistance Of the law that bias forced them
the question whether the Onion with this provision Of
the fundamental law rejected and concmned-a provi-
sion vital to the rights and interests Of that portion
forinsd-is to them blessing or curse question
raised not by dsafIcctcd and tumutuous asscnldacos
oien very equivocal evidence Of the real sentiment Of
the public mind but by the people a the States through
their organized goyernmentsa question examined aud
discussed In the mode and through the agencies that
examined and discussed that entering into the Mon
at the adoption Of the constitution.
This question has been raised by fifteen States Of the
e6nedeiacy six Of whom were original parties TO the
compact. IL has been examined and considered over
and over again. by the Governors in their public mos
ages by the representatives in their legislative halls;
press and they have to the resouton-onc and all
that IL this hostile legislation il carried into effect,
aud the constitutional obligation no longer adhered y
their Northern brethren hut thrown OIL dsrerarcd and
condemned the Union l. nc longer blessing and should
he dissolvsdthat the abrogation Of one material pro-
vision Of the fundamental law destructive Of The COM
pact and the portion a the Union rr whose benefit Il
adopted aud whose rights aud interests are thereby
endangered. j. absoyed from IT, allegiance.
Til. believe to be the settled conviction and sont
mcrt u fifteen States Of this Union and II presents an
isse Of e greatest aspect AMI that neither De
tSeded or suppressed.
IL IL issuc which the Northern States must deter
mine for themselves. That laws exist the statute
books Of mes ALL of them In conflict with the act
q Congress ei rcpugnant to ,ni provision Of tho con.
ttuon l. matter Of history That the enforcement Of
these laws would ~ virtual abrogbton IL the provision
il not to he denied II remains for these states 10 etc.
mne whether any attempt shall he made to ,ciorcc them
whether they remain the statul, book lead
letter. or lie repealed.
These are questions Of transc ndshi import fr ~. a.
jciunatitn n th,m, In my humble Judgment, ~ olives
| am aware that opinions enrrtAiael md doubt.
les. honestly entertained that the Union LA. not been at
any time in danger and l. not wh these opinions
y re well founded My deep conviction aud belief g.
tibet II depend. al this moment upon the confidence
ped ~ the late proceedings Ia Congress aud Nv the
indications a public sentiment IN the free Stsr. that
this constitutional obligation will b. hereafter executed
In the faith and spirit with which u entered into
that the friends ~ the Union In the sayehodine statcs
now maintain their ascendeDcy, and the allegiance a
heir states. ~ the confidence thus Inspired Aud that
q any action the part u The Northern states
destructive - that confidence aud of oil hope the exc
rution the obligation II would be IN their power IL
maintain their petition and, mes add they would not,
II they could.
any surposcs that this Union he prc.crvcd
after n material provision II the Fundamental Law uyon
which rests J. broken. and thrown to the wind IS one
section of tia yroyion In which nearly onehp N the
States comprising Il y deeply aud seriously ncrrrtrd-
hc T. laboring under dcuon which The .oonct he GETS
rid a. the better. II II l. preserved Whrh do not
ouh II will lc by stern adherence % this usdamsn tal
law and every part and parcel - H. section ~
the Union throw ~ the obligation ~ part la which
II has interest because another T. exclusively in
tercstod nEd expect 70 preserve Il.
The very sut1o-ition mlics dcppdaion and dishonor
broken Nth the side. aud aj,ct submission on