The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-05

visions Of the tenth section Of the sct ~ which the
owner Of fugitive Is permitted TO make proof Of
the main facts Of title and escape before court Of
cord or some Judge thereof in the State whence the
rcsp~ was made and having obtained ira 1script
of the record, which such Is required to
make OF the matters so proved. to exhibit
whom application shall Be made, in the State
where the fugitive shsll be found, ss conclusive
produced before the Court the present case aud is
distinctly stated in the certificate have formed the
basis Of his action in the premises suggested
the argument, though apparently with great conf
debce that the Comnissio might by possibility have
had other competent evidence before hun; but am
clearly Of opinion that such superstition is admissible
There not In the papers before the slightest init
nation TO this snsct but the contrary the
is exclusively throughout as the evidence by
which the title Of the claimant and the fact of
were established But the escape Is also throughou
alleged to have occurred ON or about the 25h cav Of
August 1850" whereas the act not passed until the
18th Of September filowng and 1t Is upon these dates
that the objection founded Toe language Of the 10Th
That when any person held to labor service Ia any
State Territory in the District Of Columbia shall
ssssPe h their or msy
apply to any court Of record therein, or Judge
thereof in vacation. and make proof 80
Now it Is insisted that this provision Is clearly
prospective and therefore nsppcsbs to the OF an
escape from labor service, occurring before the pas
sage Of the act and such am constrained TO say ap
pears to to be- the plain Of the enactment. II
was egreed by The counsel for the claimant, that this
being remedial ac it to be construed az to sup
It BE- reasonably inferred from it, whole tenor that
the son In question designed act retrospect
lively 1t Is TO be 20 interpreted But when the lauguae
OF q statute Is unsmbguous and leads to absurdty
papape injustice u to be interpret,d ordug to
its natural import 1t may be ooncsoed that tbs egsa
tive intent IN ported ny the words Used, might lave
been explicitly declared, BY the addition imme-
datey after the word shall" Of the word hereafter
OF the words latter she passage Of this act but it
not think, De maintained inst this intent is not
quvocsy expressed by the word sha al ne If We're
however to look beyond the terms pro-
md nlAt
unable perceive that the result would be varied
The only other part Of the act specifically referred by
the counsel for the claimant for the purpose of ling
light upon that under consideration Is the beg,nning
OF the sixth section, WHOM provides for different
mode Of establishing the facts OF the title and
The words here That persen held to service
labor In 81 territory Of the oed States has
heretofore or rhal hereafter escape" &c. The argu
mept Is that Is mamie It from this language that Con
gre intended to provide tor Of prior well
subsequent escape There can be no doubt Of this
far as the provisions OF this section concerned But
it TO be considered that the introduced
most important innovation upon the law as it be
fore The passage Of the IL authorizes an ca parte
APT hcation court judge to be selected by the
claimant in the absence Of aud without notice to the
party TO be affected by the proceedings, to determine
questions Of tact involving his freedom servude for
life and declares the dec ions If such court judge to
be full and evidence Of the facts decided and
Therefore bi ding upon the judgment and conscience Of
the court. judge, commissioner in any other State,
before whom the alleged fugitive may be reclaimed 1t
not my province to express any opinion upon the rea
condolences Of this great Innovation Ii mus be
ceded that there not wanting strong ana fable
motives for its enactment AMI 1t su cnt for those
whose duty 1t that Congress seen t
to adopt But it may think well DO that in
Difference to the spirit of the great principle Of natural
justice and constitutional Law, which forbds the enact
men OF frcfo laws, IL intentionally limited to
Of escape IRON servitude Thereafter to and
this inference, am Of opinion. rs rather strengthened
than weakened by the retroactive phraseooy empo red
in the sixth section The liability Of this provision to
abuse is obvious to notice and Is worthy Of
observation that ia the 1t appears by the
record Kentucky court instead of urng the
soDal attendance OF witnesses Of the claimant the
Court fit in the discharge Of the grave Ind
duty imposed upon by the act to receive aft lavts
and 10 act upon them alone although the deponen
described residents OF the city OF Louisville where
the court beld IL may well be that these witnesses
credible persons able from their knowledge to
attest TO all the facts requisite fay to warrant the de-
csiops Of the Court That careful KAN lton
would have ELECTED other facts favorable to the petit
TONER but concedng that the evidence before the
might lawfully be held by 1t to con ute the satisfactory
proof required by the act the opposite Of
cedure aid TO say the least have been c,nsonan
with the established and ed supposed universally
recognized principles OF enlightened lam
therefore also OF opinion that II duty to apply to
this enactment the same rule Of construction that is ap
pcable to penal states Ii was says Professor Chris
tan OF the laws Of the twelve biz. OF Rome that
whenever there was . question between liberty and
slavery the presumption should be the side Of liberty
This excet principle Law has ad opted in the
structon OF penal STATURE Tor wherever any ambiguity
arises in statute introducing q penalty
punshme nj, the decision sh. bs on the side of enity
and mercy, Ii favor Of natural right and liberty
in other words the decision shall be according TO the
stiic letter In favor OF the subject And though the
difficulties contrary 70 the intention of the Legislature
yet further Inconvenience result than that the
law remains IL before the statute And Is
eopsoDaDt to principles II liberty that the judge should
acquit whom the legislator intended TO discharge with
impunity.' Blac. Comm S. note IL
The result Of this examination then H. that though
the evidence which alone the Com missioner founded
his adj udicston would have been sufficient and ,ncu
sye in arising after the psss. Of the act II
wholly inspplicsbe like the present arising be-
fore the passage Of the act In other words
the face Of the certificate itself the adj
made without evidence, AMI the only question IL, whe
Their this great arising have doubt from mad
yerteDce. can be corrected habses corpus think II
may and that IL IL my duty to DO it. H. as II ha. been
said, good warrant Is good cause OF detention the
converse Of the proposition IL not less true shall
cordngy allow the writ but IL must be made returnabe
before at the Court House la Buffalo at o'clock,
Z. NJ tomorrow.
p She negro Daniel was, this afternoon. at 2
O'Clock, brought before Judge Conkn In pursuance Of
writ Of haJeas corpus previously issued The Marshal
made the return 90 the writ that he made the
order TO show referred to In the opinion published
to day. There argument in the case, the whole
merits having been gone into on the order TO show
Mr.. Talcott counsel for the negro, made q
motion upon the OF the Marshal that he be It's
charged. Motion granted
The statement OF Mr. Commissio Smith Of Buffalo,
will be published In day or two.
To TIE EDIToRs or THE ALBANy ARGUS
Many exaggerated aud false reports of the pro-
Itre,s kt.h t,rL xfa kaf.. tha