The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-12

OF Tue
ugitive slave, was resumed yesterday morning before
United States Commissioner Curtis. MIR. Rantoul re-
sumed ms argument conendng that the law was uncon-
slitutonal, and spoke about two hours. He was fol-
flowed by MT Lorng, also for the defence, who began by
saying hat ne al all times deprecated iorcble resistance
to enacted laws but he regarded the under which the
present proceedings were had as an encroachment upon
The principles of the constitution and dangerous to
personal liberty II seemed TO have been the design OF
ts projectors 70 make it as odous possible TO the free
States MI Loring then wen, on 70 show that The pres
ent was no preliminary, but final hearing and here he
said was great question OF law upon which the whole
case depended II the commissioner erred. there
redress II he decided 10 send the defendant perpelnay
into slavery, the whole authority by which he would do
II would be upon his construction OF the law, from
which there was no appeal The simple certificate Of the
commissioner final against every Judge through
whose jurisdiction this person should pass, though they
should all dier from him. II that was the law, il was
time was repealed The supreme court OF this State
Pus, and be huosed the circuit court would do the same
ii il were applied Tor.
Mr.. Lorng spoke at great length, and cited many au
hortes support OF his positions and in conclusion he
reviewed the testimony which adduced to establish
the claim OF James Potter He maintained that the letter
OF attorney was not duly authenticated and denied that
the certificate OF the clerk Of the court in Georgia
sufficient evidence Of the authority OF notary public
The clerk was not lawyer and could not be presumed
to know the powers of the notary. The clerks cer-
cate mere expression OF an opinion, and was no
legal evidence; and there was not intmaon in the
law OF Congress or the statutes OF Georgia authorizing
notary public to take Acknowledgements OF power o at
torney.
The arguments Of both counsel for the defence were
able, and their demeanor towards the commissioner dig
nifed and respectful The attendance in court large,
and the eloquent gentlemen were listened to with great
patience AT the conclusion of MIR. Lorings appeal the
court adjourned, to meet agaIn al three o'clock.
In the afternoon, at the opening OF the court, MIR.
Sheriff Coburn He said that that officer held warrant
against Thomas Smms, the alleged fugitive, for elo
NOUS ASSAULT on police officer Asa o Butman. and ha,
the United States marshal had refused to surrender the
prisoner.
The commissioner said this was an affair between the
marshal and the sheriff. and he could allow the reg
qla course Of proceedings TO De interrupted BY The intro
duc,ion OF any discussion the subject at this time II
any court OF this Commonwealth should make demand
on him for The prisoner il would be time enough for him
to act
out OF the cusiod, OF the United States officers and
now learn tha, Marshal Devens has made similar CON-
plant in the United States courts, has obtained writ,
and has servei itupon Slmms and the State and United
States courts having jurisdiction in the prem
ses, the United States officer being first in the field the
witt from the S.ae court would not avail anything.
Mr. Sewall conended that the commissioner had power
to order the surrender of the prisoner but Mr. Curtis de-
cned arguing the point, and said he should not permit
further interruption OF the business before the court
Mr. Thomas fen commenced his closing argument
for the claimant. He said this hearing, which the law
designed 10 be summary but nevertheless deliberate, had
already occupied four days. and he reoiced in believing
they had well nigh reached the end oil for he felt the
responsibility OF IL pressng upon him. The case was
one, not 10 be denied overlooked, OF great pub
lac Importance. Not merely James Potter aud Thomas
Simms, but In truth, every man, wonan and child IN
the United States was interested IN the decision OF IT.
The question, fact, was, whether not really had
any actual, practical, living constitution OF the United
States. That Was the question: and II was worth ser
ousy considering The root OF the objection would be
found TO be- not TO sending fugitives back in manner
and form provided in this act, but IN sending them
back.
MIR Thomas then read the third clause OF the second
section ol The fourth article OF the constitution OF the
United States, and maintained ha, It secured to the peo
hol. fha ytyhf flltu fhAIF
fugitive slaves This clause was adopted with the unan
Of the trainers OF the constitution II was
matter OF COMPROMISE between the savehoding and non
slaveholdng States IL secured 10 the citizens OF the
former the night 10 take aud convey away Their fugitive
slaves wheever they could find them. This ngh, was
secured BY the constitution, independently OF any law
upon The subject The act OF 1893 was merely TO iac
such reclamation The right had been often acknowl
edged and acted upon under the general rule OF amliy
between independent, sovereiguiies The night to take
without law grew out OF the peculiar relation oil the par
lies II was the relation between paren, and child, guar
dian and ward, and the like Commonwealth Is Gfhih
I'd Pick, ID
claimant should proceed il he sought the aid OF the law,
the tribunal which he should apply, the rules by which
such tribunal should be governed and the scope and end
OF their authority The object was merely exraditon,
and TO facilitate thai legal proceedings necessary.
The act OF 1850 similar IN all its essential features
TO that OF 1898. The former conferred authority on
State magistrates the latter provided for The exercise
OF the power by lis officers. The mistake OF
the other side IN the nature OF the inquiry before the
commissioner He had all the power and authority OF
justices OF The peace. under the State law tSee act OF
i42) He was authorized to examine persons charged,
and commit. take bail &c. The power here exercised
was OF no higher character The supreme court had said
Yesterday that very difficult IN practice 10 determine
whether an act strictly judicial or executive, and
that was no doubt true The counsel the other side
had relied the fact tina, BY the constitution the three
departments oi the government TO be KEEP, sepafae
That but II was, nevertheless true thai some
classes OF acts common to both. This inquiry was
judicial in tis character a certain extent II was
special The proceedings contemplated were sum
mary ministerial proceedings, and not the ordinary course
OF judicial Investigations 10 ascertain the clam oil owner
ship beyond all legal controversy. II was necessary only
TO make out prinid facit (See Stofy's Com. on
Con, vol. 2, G77.) Their office somewhat similar
masters IN chsncery, auditors, and the like Iheif
determination makes Prtnaa face ease-nohrng more
ID had been suggested that there security that
the claimant would the certificate 10 take the fugitive
back II be got one Bu, one thing clesr-he could
use the certificate for other purpose. This was the
fatal mistake OF The other side, They seem TO suppose
the claimant took something By the Judgment OF the
co pm-1ioneT, nje pendent ol the cerhcaie That
not so The only effect OF the Judgment the cer.
cate II the claimant tore II up, as had been sug
res,ed, then he lost all benefit of this inquiry he
threw away the result OF all his labors. II bad been
said that this might be sent TO Cuba, Brazil, or the
carry on the slave trade How woud he get him there
He could not send him away against the mans will
When the got 10 Georgia he would have at least all
The rights he had when he came away tie came away
IN his way. There dispute Of the facts
There was doubt but the a slave, and the
slave OF James Potter Why should be stand 10 any bet
Ter position when Ire got back than when he cane away
II the not the slave OF Potter. these proceedings
gave Potter no tight control over hrn when he got
back IL Potters agent Aoi him on the way wrongiully
he could give the purchaser higher right than he him
self had His purchaser could hold him By better title
-, had OF this bouqyer. there " m