The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-09
The Negro Excitement In Boston.

city oipIIEUS
The Negro Excitement In Boston.
ADDITIONAL PRocEEDINGS-PErITIoN OF SIltus TO
THE EalSLATURE-THE HASEAs CORPUS REgt USED
ANOTHER MEETING OF THE ADDITIONS rs--srEEcu
OF HORACE MANN-INctDEN Is. ETC.
[From the Boston Journal April IL
At twelve o'clock NJ the Commissioner came in bu. on
account Of Mr Rantoul being engaged in the supreme
Judicial Court the examination of Smms ostponcd
for an hour AT o'clock this afternoon the Commas
soner again came in and the hearing proceeded.
The Commissioner inquired Of Mr.. Thomas whether be
had any further evidence in TIE ease and he having
answered in the negative Mr. Curtis inonired of Mr.
sewail whether IL was arranged who to argue the
case to which he replied. eiticr Mr.. Lorng. MIR.
Rantoul Mr. G. further said that he deemed II his duty
TO forward the fast justice would allow 1t
had been assigned for twelve O'clock and must now be
Mr.. Rantou proceeded and said he proposed TO SUBJ
init the several proposition which he read when the
Court last in session The first proposition
the power the Commissioner called to exercise in his
was judicial and such could only be
cisod 10y judge. That the Commissioner could not be
judge evident from the language of the Constitution.
which hc read He supposed II cosld not be pretended
that United states Commissioner was such person
here described United States Jmlgc. lie not to
hold his Office for life unless mpeached neither dill he
receive regular stipulated compensation and therefore
he could not be judge of the supreme Conrt anI
there could be inferior Court under this unless such
held 10y judges.
The powers granted to Judges of the United States
Supreme Court exclusive The Constitution gave
TO the several departments Of the United States Govcrn
ment certain specific powers and they could take
had not power that not expressly given. Hence
Congress had not power to establish any court except
such as the Constitution provided for. Ii the Commits
soner was not Judge he could not exercise judicial
power. Hence. IL became an important inquiry what
were judicial powers And was the Commissioner eae
upon in this case to exercise them II so he boun
to refuse. lie bound to determine whether wha.
he was called upon TO do was constitutional.
Was the power. then, Judicial power The judicial
power defined In the "a OF the 3d article whic
he read Did this claimant invoke and did this act pro-
vide for such proceedings constituted under
this Sd article. what a A suit ease.
Any proceeding whereby any party demands right.
read much lees 10 look after others II therefore, ter
was not sufficient accuracy In his mode Of statement
this must be- his apology
ease where a claim made by party and
resisted by another. case in law was such
he had described which was not in equity in
admiralty. Any proceeding Of any kind was at
law. unless II under the other of those dc
cribcd In the constitution lie read from the 10th Of
Peters GlJth page Prigg Pennsylvania which defined
claim in accordance with the definition he had given
lie read also from the 9th Of Wheaton Cohcns Virgil
mia 3,s-a and also. in the case of Prgg W. Pennyya
mia 3l6th page which declared the claim of ter for
slave 20 be arising under the constitution with
in the express declaration Of the judicial power"
He did not deny that Congress might direct the mole
In which this might be done but Congress could not
fer thcse powers upon any but judicial officers They
ofiictr. nor could they confer executive power upon
Judicial officer Ard Congress could ~ well confer ju
dciai power upon United States Marshal upon
Commissioner " this not of what
written constitution One important object Of writ
ten constitution % keep the several departments u
Z
The judicial power extended 20 in law and equity
The of Parsons and Bedford contained fuller dcf
milton OF what eases IN law were ID of Peters, 4 he
read 10 show hnt the Trainers of the Constitution where
they spoke Of law. had the common law In their mnda
The amendment might be considered embracing all
not in equity admiralty" 90 said the United
States Supreme Court The sixth section of the act
spoke Of this action ease" from which he read
and the surr me Court safd II was a case Of law
II fell within the definition q the supreme Court II
at law within the meaning Of the third article
and the Supreme Court had decided that this came within
Mr. Curtis said the counsel iid not state quite
rectly. The Commissioner to give him certificate
authorizing him TO convey him to the state where he was
Mr. Rsntoul said this certificate dd no, compel him o
carry the party hack to that State.
The act of 1850 undertook "a give the Commissioner
concurrent jurisdiction with the court commissioner
was officer appointed 70 perform an inferior act but
q court and n court alone. undertook to decide
finally This law gave the Commissioner not the power
10 perform any subordinate ofcc but 70 exercise cn-
current jurisdcton and jurisdiction q law a. well a.
a fact and their decision above the Supreme Court
for there was no way In which the suprmc Court could
recall him
Mr. Curtis said tho certificate authorized the claimant
TO take him back TO the State whence be escaped aud
nowhere else.
Mr Rautoul-An authority was net a command. Sup
poce under the warrant granted this claimant should
h. authorized 10 take this person back 60 Gco aud
this agent 4 the claimant sold him in Maryland would
that sale he Illegal
The Commissioner--Most certainly The salc would be
entirely void
MIR antoul thought II his honor had arrived Al such
4 =
was not word In the act to the contrary The claimant
might carry bin 10 Georgia 70 Texas to Cuba or any
where else IL exceedingly important that the Court
should give careful consideration TO this point because
there appeal
II might be said that this was mere preliminary step
analogous TO an examination previous 20 trial But this
was not parallel becauSe there nothing IN the
act to mpcl the claimant e. carry the slave back to the
state whence h escaped ami u there pro-
vision for q subsequent trial.
That this was the judicial power in the understanding
of practical lawyers appeared from the letter Of "
torney General Critcndcn 10 the Presidents before the
aet was signed II appeared that the President doubted
the constitutonalty II the law The Attorney ueneral
~ ms reply used language which assisted them W ths
The Attorney General says these ofccr have judicial
power 70 hear and decide the The Attorney Iene
raj therefore determined that these officers had Judicial
power. lie dd not quote him ~ authority upon the
point e bad In view for he not anticipating the OBJ
lection he bnrelf raising but be quoted him -
showing that What the Commissioner had 10 do wts the
exercise 81 Judicial power
lie could not say this II b. had regarded merely a.
preliminary case or ministerial act The Attorney
General called u an act ofjudgment THIS was an act
djudicial power Here the Attorney General goes on %
sey That Congress had determined upon tribunal y
determine sunimsrly, and without appeal Who are fugi'
| tiycs ffom service
Here the question the Commissioner was 70 d.
teimne ultimately and without appeal Wasnot ths
judicial powcrl The main question was the question TO
be determined here. But IL this were the preliminary
preceding then II more gross and direct VOCATION
~ the Constitution than anything he had named lie
proceeded TO speak of the where person i charged
with crime In another State. This provision was tn-
serted for the benefit of the person charged that he
might have fair trial in the district where he was
charged 70 have committed the offence. This law vas
i most humane
| IL went On the principle that man ~ e " Pre-.