The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-08

or refused 30 that Ia the case whom the Governor
proceeds In surrenderng fugitive from justice. o,
executive ocers they have facts to Investigates and
per,ons identify Tn. peculiar nature OF ths service
by the constitution and the CT l7a, was psculisr
service, falling within the scope of Judicial ssry,e
and hence this auth ority WAS given oficsrs named
and may be called executive and ministerial II mu,t
not BIZ forgotten that these gistrtes ware ON
cers, for the United States had such ohicsrs a.
magistrates Of counties cities towns coroorat,U
This law carried into effect by these state ma
gis,ratesn until the State Legislators becomInY vsar
than those who made the constitution enaete proh
bitory laws forbideng their State magistrates the
discharge OF their duties under Law OF Congress,
claiming the ground OF such legislation thai States
net bound furnish officers to execute the Ia
of Congress Thus the law OF 1923 was il effect
pended by the Tree states. To remedy this evil the
Law Sept 49, 1860, enacted which Is entitled
fellows -" An act to amend and supplementary Go,
the set entitled act respecting iugtyes from jus
tee snd persona escaping from tie seTTioe OF tnsir
masters, approved Feb IL, 1893 This amendatory
act the enlarge OF the br OF nitsd
states otmmsioners aud preserioss Their duties IN
regard TO tugtvss from service nd labor Foe bs tbs
Law has been sssailed uuconsttutonsl and contt-
tutes M apology for addressing you the pressns COM
The consusionaIity of the act of 1898 aud the asst
Of 1900 has been IN other respects, 80 amply shown
thst 90 not purpose here, TO say sin gle word ON
that subject. My remarks will apply to the powers
conferred on the missiouers by the act OF 1850
The 33d section OF the act of Congress passed Bsp
TENDER 24th 1852 (ses Statutes at Lsrgevol l. page
y! is the foundation OF the appointment OF commits
rione and IL all their duties 1t Is ersreod that
this act was drawn by tbs late distinguished Oliver
Ellsworth senator In the hrst Congress- and the
first Chief Justice of the United States On reading
That SECTION every Connecticut lawyer will see the
strong resemblance bsars to the ut prac-
tice in those matters Offender. against the laws were
to be brought before ANY Justice or Judge of the
United states or before nny justice OF ina pesce q,
other magistrate of Any OF the United states for ex-
animation ana they to hols bail com nit fog
trial o. discharge ne thu nature Of the might re-
gure There WAS DO final juri.dction in any of those
cases, the inquiry only preliminary. In thu oourss
Of few yeas was sscertained ttss there state ma.
0tAtr ana nSttn fho
laws Of Congress; and the Goth OF February 1871
Congress passed an act authorizing the Circuit Court
to appoint United States commissioners Ito take
know Judgements OF bail and affdavits" These COM
mssioners being created, held persons accused OF
State Iseistrates and justioes OF the peace There
was change of name the Off ers but the duty was
IN. a nslnf Sonsss :. q
acts entitled act further sappem ntary to an act
sntdsd an act to e,tablih the judicial the
uE.isd States passed the 9Th OF ptemb.r 1881 ss
first section Of which is in thss words viz :.Tnat
the commissioners who now are or hereafter may be
appointed by the Circuit Courts of the United States.
to take Acknowledgements OF bail and sfidavits and
also to take dispositions OF witnesses In civil causes
shall and may exercise all t5e powers that any justice
Of the or other sgistrate of any Of the United
States may exercise in respect to osndf rs for
any crime or offence against the ni.ed ststss by
arresting imprsoning bailing ths under and
BY vrtue Of the 33 secoR Of the act of the GATH OF
6epte mter l7ss, and who shall and may exercise ell
the powers that any judge or justice OF the peace may
exercise under and In virtue OF the 6tA section of
act pared the 10th Of July, 1890 - BY these acts,
that the commissioner is only a ohangs Of the
name OF the officer entrusted with certain duties not
hnsl but preliminary Bee Statutes at Large, VOL 8.
There Ia still another act to which reference may be-
bad act passed August IL l845, entitled " An act
giving effect to certain treaty spulations this
and foreign governments for thu apprehension and
delivering up OF certain ehenders Statutes ct Large.
Vol. 8, page 800. By this act, COMM ssioners are
authorized to hear thoss cases transmit the tesi
mony 70 the Secretary Of State at Washington that
warrant OF extrsdition may be issued by him to
move the person charged to the country where the
crime committed, for trial Then comes the at Of
1860, giving these commissioners the power on
tho claim OF the owner Of fugitive service to
issue q Mt inquire into the case and finding
the facts alleged to issus and return him
to the state from whence he Then what are
the laws Of that State Every person so returned.
may there take bis case to- court and jury try the
merits to ASCERTAIN the fact OF his being slave Net
only that but the officer answering States attor
nsy is obliged by Law to try his him ct the
acquit him. he goes 80 it is in all the other
cases where preliminary proceedings are had before
tne governor, before Judge before u magistrate Q
article
The legal objection raised against the power OF
commissioners under the act of 1860 wsuid be equally
consistent urged against the power OF those OH
undr the other acts here quoisd and yet not lisp
has ever heard against such power Under those
acts they hear complaints they grant warrants OF
srrest-they hold to bai-they commit to PRIOR for
trial before court and jury having final
Persona not few have been to foreign countries
upon the preliminary proceedings OF these United
States comissoner there to be tried en- the merits
ever heard against that proceeding.
Scarcely month can sl.pss when the Governor Of
tradition Of persons other States for trial there and
this passes without objection. But now when these
ytion Of the constitution the cry of leaaty and nm
contttutionalty heard from the voices which
,hes. rs n,. Thsy t y: that
Court-thst they are Judicial Observation-Disclosures Judi
cai powers and that Congre, cannot under the con
sttution, give such pewer to commissioners The
great error into which these lead us Is the
assumption Of wbss Congress never did assume II
in the law Of 1898 should deemed judicial tribunals
Had that been Intended, then they would have been
declared courts OF record, furnished with ssai as
suoh, with clerk to record their proceedings The
bers Of Congress OF that day did consider the
service Of those officers Of such character required
the proceeding g TO be before conrt OF record They
knew what the constitution meant and framed the
Law Of 1898 to suit the provsors Of the Constitution
We are to understand that the Law Of 1913 Is re-
pesed lie in full force lad II any State os ears
named In that act, will hold jurisdiction cause 1t
1850 adds TO and amends that act but not IT,
All these acts proceed on the ground tina, both
similar In their provisions and require Tor their ara.
oution laws OF similar import They contem that
In both oAss OF ossss the inquiry 10 preliminary and
There 10 State In this Union. whore any man, By
the laws OF that State be holden as slsvs whoa
open at all times TO try the rights Of freedom Cases
OF that ,ort are Of frequent occurrence The OF
sslome Muller wa contested before the In New
Orleans. and resulted in her freedom Should a com
mnsioner be 70 unfortunate as TO issue ceracate OF
exrsditos, ard the negro should be removed to the
state OF virginia this certificate IL cooeiu.vs
but the claim Tor freedom there could be instantly
bfct Ebt before court OF Inc ury Mt the public cost
Al bis FRI edom pronounced There /. one nYnsters
cusrenoe between che Law of 1898 nd the OF 1850
which may have induced some to suppose tbs. the
prooeednss IN ar the Law Of 1850 their nature
judicial This difference consist, Ia the fact that By
III, Law the judges Of The Circuit and District Courts
In term time az well as 10 yacston. have concurrent
jurisdiction With the commiseioner. bu; thi circsm
cue result
The object was TO enlarge the facilities for pross-
cutting There claims. In the same manner and for the
same esuse that the number Of commits ioners we're
70 he enlarged. We must look the service and de-
eide ircm the nature Of that service whether IL
dicis or not certificate issued In term time IL to
have the same effect, and none other. c,rttca,e
itsusd by Judge when out Of court q missioner
or magistrate, and this certificate. ~. face aud
nv he Law "a gr IN no nla