Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1854-08-02
VOL. VINO. SO.

legged to have escaped, or withhold it, as
he shall THINK proper, In view of the evi.
dehce submitted for his consideration. It
IS true that the act, by providing that the
record made IN the State from whence
the alleged fugitive may have escaped,
snail be conclusive evidence of the escape,
and OF the fact that the person claimed
owes service or labor to the claimant. ma
terlaily lessons the labor of the commis-
sloner>, but this does not alter the nature
OF the act which he performs it must BE-
regarded as a Judicial determination of
the matter submitted to him We are
therefore of opinion, that the act under
consideration, by attempting to vest Judi
cial power In officers created by congress
and unknown to the constitution, is re-
/ pugnant to that instrument and for that
reason void
And we think it equally clear that the
constitution is violated by with Gliding
from the person claimed. the right to a
trial by jury before he can be delivered
up to the claimant
| The fifth article Of amendments 70 the
constitution Of tie L. States provides,
among other things, that no person shall
/ be deprived of life, liberty, or property,
without due process Of law" Chancellor
Kent, IN his commentaries e Kent com.
/ 81 says, ut may be received as q self
evident proposition. universally under
stood and acknowledged throughout this
country. that DO person can be taken or
imprisoned. or disseized of his freehold, or
/ liberties or estate or exiled or condemn
ed, or deprived of life, liberty, or proper
ty, unless by the law Of the land, or tho
| Judgment of his peers"
The words Claw Of the land,) as used
/ in Magma Charta In reference TO this sub
ject, are understood to mean, due process
/ of law that Is. by indictment. or pre-
sentiment Of good and lawful men and
this, says LORD Coke, is the true sense
and exposition Of these words We are
aware that 1t bas been SAID that slaves ara
not persons IN the sense IN which that
/ term is used In the amendment to the
constitution above referred to But this,
admitting it to be true does not affect
the question under consideration. as per
sons who are free are liable to be arrest
/ ed and deprived of their liberty by virtue
/ of this act. without having had trial by
a jury of their peers We do not propose
20 discuss the question whether slave
escaping from the State where he il held
to service or labor, into State where
slavery does not exist, thereby becomes
( free by virtue of the local law, subject
only to be delivered up, to be returned
again to servitude. as 1t is 4 question not
necessarily involved In the conside era ton
/ Of the subject before US. But we propose
/ to examine the operation of the act upon
4 free citizen Of free State, and to show
that by it such a person may be deprived
! of tv tIYvTf a ,,P
law" 1t will be observed that tie claim
ant can 90 before any court Of record, or
any judge thereof, in vacation, and make
satisfactory proof to such court or Judge,
III vacation, of the escape, and that the
person escaping owes service or labor to
such party
1t then becomes the duty Of the court
to cause record to be made of the mat
ters so proved, and also description of
the person escaping and such record be
/ ing exhibited to any judge, commissioner,
or other officer authorized by law to cause
/ persons escaping from service or labor to
be delivered up, shall be held and taken
/ to be conclusive evidence Of the fact oc
escape and that the service or labor of
the person escaping is due TO tie party IN
such record mentioned This testimony
is taken and this record is made in the
absence of the person to be effected BIZ
the proceeding; he has no opportunity
to cross examine tie witnesses who de.
/ pose to the facts which are thus conclu-
siyely proved but without his knoyyledce
evidence is manufactured, which, by vir-
tue OF this act. proves beyond question
/ that he is a slave, and that he has escaped
/ from servitude We are at loss TO per
{ H. = ! l..
which freeman becomes slave, can be
Justly called due process of law In the
sense in which that language is used In
+ the constitution We are aware that il
has been said that the proceedings before
the commissioner do not determine the
question of freedom or slavery, that the
fugitive is only sent back to the State
+ from which he is alleged to have oscar ped,
and that when be reaches there he is a
/ freeman or slave IS his status shall be
determined by the local law 1t is fur.
ther said that these proceedings are anal
ogus TO those by which the fugitive from
justice is delivered up, to be taken to the
State from which be has escaped that a
person may be arrested by virtue merely
Of an Indictment, founded on an affidavit
made before a magistrate, charging him
+ VIII treason, Ielcny; OF Ctitr crime, COM
mitted in some otIier State. and that upon
the production Of copy Of the indict-
ment or affidavit certified as authentic bv
the governor or chief magistrate Of tho
State or Territory from which he fed. he
shall be delivered up to be taken back
1t is said that as this proceeding does not
deprive the person of bis liberty in the
sense in which that term is used in the
constitution. but merely delivers him up,
to be taken to the State where, according
to tie indictment or affidavit. the offence
was committed to be dealt with according
to the local law so neither do these pro
ceedings accomplish more than the mere
transfer of the alleged fugitive to the
State where, as is claimed lie owes service
or labor, by force Of the local law. We
think this mistaken view of the question
The fugitive from justice is delivered to