The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-04
THE BOSTON SLAVE CASE.
interesting Details OF the Renditiou Of Barns,
the Slave-The Commissioners Dcc,s,ou-
Incidents or the Military Escort to tho
Revenuc Cuttcr-The Excitement,
&c, &c, &c
fIrom the Bos ,on co,,icr Irno y /,


ial law, which was for time proclaimed, has boel
evoked-the laws have been executed, and reflect
w men and rejecting women cannot but be salts
eu WIN the result OF the transactions of the pas
en- days. The duties have been arduous and Otter
,isagreeable, but they have been performed with
iegree OF impartiality, frmness and promptness
,nich must exact general coramendation from tho
itizens of Boston. The military have won new
onoIs by their forbearancc and good behavior yes
rdsy apd to the police too much praise cannot be
warded. They were united in the preservation OF
rider, and they snbmitte with patient indifference
the many wanion insults from excited persons
olce have intelligent opinions upon the subject of
ne eycltement-many oi them regard the fugitive
ave law as an odions enactment : but their duty
as 10 pfoseGt the peace and not to expound the
wv; and they did their duty ana executed
ne law. The people Of Boston have reason
be thankful that SO ample a protectine
nm IS within their reach for all purposes and
IA. "i.ioagn ,fTeshonsible men may counsel vio-
nee IN aneuil Hall, thero is force capable OF
ippIessing that violence. 1t is with infinite salts
ction that in this final chapter of the history Of
e incidents attendant upon the Burns trial, we
"a s. Ief ,es.mony 70 lhe manly sefpossesson Of
es, General Edmands and his command, and Col.
nlaDy and the United States troops under his com
ana. we now proceed with The details of the
i, sna tne incidents attending the removal of the
ave rom the Court House.
Dur1ng the moring--up to 10 o'clock streets
ere quite free from crowds, and everything wore a
aeeiLl aspect. But comparatively few persons
ere assenoied in Court square, and there seemed
Ge ntle necessity for the demonstration which
lowed bnt the trains from the country brought
mrfe numbers of excited people, and at eleven
clock the city presented changed appearance.
lrge bodies of men were in motion and the streets
rough which the procession passed we're com.
etelJ tironged by men and women.
u. s. CoMmssioSGR's COURT. "
ble Court opened at nine o'clock Quite large
lmDer OF persons were present and among the
rangers We noticed Dir. Cooper Adiniant-c General
the United States Army, who arrived in town on
itrsday night. The counsel for the claimant aud the
isonei having taken their seats, Juoge Loring, at
ven minutes past pine o'clock, pronounced his
Union as follows
THE DECISION OF COMMISSIONER roIryc.
The issue between the parties arises uadcr the
nited states statute OF 1860, and for the respon-
mt II l. urged that the statute is unconstitutional
heheyer this objection is made ii becomes necc,-
~ TO recur to the purpose of the statute. 1t pnr
prfs TO carry into execution the provision or the
institution which provides for the eXtradition of
rsops held to service or labor in one state and es-
ping into another. It is applicable, and il is ap-
led alike to bond and free-to the apprentice and
slaves aud in reference to both. its purpose. pro-
sions aid processes, are the same. The arrest of
fugitive is ministerial, and not judicial act.
q the nature ofthe act is nosatered by the means
1ployed for its accomplishment When nm officer
rsts a fugitive from justice or . party ac
seq, tie ofhcer must tetermiae the iden-
W and use his discretion end information
the purpose. When an arrest is made under this
ltute, tie means Of determining the identity are
esrribed by the statute: but when the means are
cd and tie act done, il is still ministerial act
e. statute only substitutes tho means il provides |
the discretion Of an arresting officer and thus
yss to . the fugitive from serySs @ sGh dder
y Law. Il extradition is the only purpose OF the
atutc ard determination Of the identity is the only
rpose Of these proceedings under it, itseems to me
at tie objection Of unconstitutionality TO the
atte hecause it does nor furnish Jury tial to the
gitiye. is answered There is no provision IN the
institution requiring that the identity OF the person
be arrested shouldbe determined by a jury 1t has
ever tscn claimed tor apprentices nor tugitlyes
ON justice and il it does not belong to them does
lot belong TO the respondent. And II eXtradtlon Is
ninisfer rial act, then to substitute in its perform
|ace, iol the discretion OF arrestine officer, the
.scietion OF commissioner instructed by testimony
| nder oath, seems scarcely to reach to grant OF
| dicia power, within the meaning OF the United
tstes constitution. And it Is certain that II the
over given to, and used by the commissioners of
nited States courts under tue statute is unconstitu
|ional, then so was the power gwen 10 ana
|,sed by magistrates OF counties. cities and
owns fy the act of l793 These all were commits
|ioners OF the United Statos-tle powers they used
hinder the statute not derived from the laws OF
heir respective States Int from the statute OF the
ynited States. They were Commissioned BY that
Ind that alone. They were commissioned by the
|,lass instead OF Individually and by name, and in
|gs respect the only difference that can see between
he acts of l793 and 1850, IL that the latter reduced
The numef of appointce' and confined the appolnt-
|ments to those who by their professional training
Should be competent to the performance Of their
duties and who bring to them the certiicates OF the
highest judicial tribunals II the land. IL Is said the
statute is unconstitutional, because it gvcs to the
record CT tie court of Virginia an effect beyond t5
constitutional effect. The first section of the fourth
article Of the constitution is directory only on tine
State power and to the State courts aud does not
seek to limit the control OF Congress over the tribu-
Das of tie United States or the proceedings therein
hnp in that [ brrcJgus
proceedings refers to such ntarpar.ies, and OF ne
cossity can have application to proceedings avow-
edly er 1afte Then the first section includes this
record. IL expressly declares, as to 'rceords and
judicial proceedings and that Congress shall
prescribe "the effect thereof" and this express
power would seem to he precisely the power that Con-
gress has used in the statute of $780, Other consti
tutional objections have been urged here. which
have been adiudged and re.adjuiged by the Courts
Of the United States, and Of many OF the States and
the decisions Of these tribunals aosoivc me from
considering the same questions further tnan 10 ap-
ply to them the determination OF the supreme
Court OF this State In Sims case, Gushing, 3Oy
psge, that they .are settled by course OF legal
decisions whicn we are bound to respect ana whicn
we regard a. binding and conclusive ON the Court
But ecal objection has been raised u the record
that it describes the escape "a from the state OF
yircinia and omits to describe IL as into another
State, IN the words and substance OF tne consttu
ton. But in this the record follows the 10Th sec
ton of tie statute OF 1850 and the context oil the
section confines its action to cases OF escape from
rne State, &C., into another and is, therefore, u
practical action and extent strictly coniormabe y
ihe constitution. This statute mas Deen DECIDED V
be constitutional by the unanimous opinion OF the
Judges OF the Supreme Court OF Massachusetts, II
lie fules' argument and the maturest deliberation
md to be the law Of Massachusetts, as well as anc
because il is ~ constitutional law of the Unitet
States, snd the wise words OF our revered Chic
Justice in that case, I Gushing 3ls, may well be re
peated now, and remembered always The Chic
Justice says =
Srvery was not created established perpetuatei b.
ii constitution; II existed before would have existe
n the constitution had not been made The trainers
lie constitution could not abrogate slavery of the right
claimed under IT, They took II they found it, and re
vulateo II to limited extent. The constitution there
fore IL not responsible for the origin or continuance
pLavery-the provision IL contains was the best ADJUST
nent which could be made Of conflicting rights an
rsos and was absolutely necessary TO ELECT what ma
row be considered the general pacihcation by whc
harmony and pc ce should take the place OF violence an
~ar. These were the circumstances, and this the spur
In which the constitution was made-thc regulation
slavery far to prohibit States by law from naroorn
fugitive slaves essential element IN lts formation
and the union intended TO be established by II was essei
tally necessary to the peace, happiness and highe