The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-04
THE BOSTON SLAVE CASE.
interesting Details OF the Rendition Of Barns,
the slave-The Commissioners Decision--
Incidents OF the Military Escort 20 tho
Revenue Cuttcr-The Excitement,
10 40 e..
fFrom the Bos ON Courior. Home An

ial law, which was for time proclaimed has been
tevoked-the laws have been executed, and reflect
NC men and rejecting women cannot but DO salts
led with the result Of tue transactions of the past
en- days. The duties have been arduous and often
lisagreeable, but they have been performed with
iegree of impartialty, irmness and promptness
5hich must exact gene raj commentator from the
itizens of Boston. The military have won new
onors by their forbearancc and good behavior yes
srday and TO the police too much praise cannot be
wardedS They were united in the preservation Of
rider, and they snbmitte with patient indifference
the many wanton insults from excited persons
tho knew not what they did. The military and the
olice have intelligent OPTIONS upon the subject of
nc excitement-many OF them regard the figitiv,
ave law as an odious enactment but their duty
AS to protect the peace and not to expound the
wv, and they did their duty ana executed
, be thankful that so ample protecting
m is within their reach for all purposes and
lat although irresponsible men may counsel yio-
nee in fanenil Hall, there s force capable of
Expressing that violence. II is with infinite salts
cton that, in this final CHI 1pter Of the history of
ie incidents attendant upon the Burns trial, we
IN bear testimony to the manly selfpossession Of
arshal Freeman, the Chief of Police and his depu-
es, General Edmands and his command, and Col.
ulapy and the United States troops under his com
and. We now proceed with The details of the
ial, and the incidents attending the removal Of the
ave from the Court House.
During the moriIing-up to 10 o'clocl5-the streets
ere quite free from crowds and everything wore a
feacetIl aspect. But comparatively few persons
'ere assembled in Court square, and there seemed
4 be little necessity for the demonstration which
Slowed /; but the trains from the country brought
large numbers OF excited people, and at eleven
4 clock the city presented changed appearance.
rge bodies OF men were in motion, and the streets
rough which the procession passed were COM
etely throngcd by men and women.
~. 8. COMMISSIONERS COURT.
Z The Count opened at nine o'clock. Quite large
amber OF persons were present, and among the
ranges We noticed Dir. Cooper, Acknowledgement
mo ma la snr. Ia nxrr,,
luIsday night. The counsel for the claimant and the
isOnel having taken their seats, JuGge Loring, at
ven minutes past nine O'Clock, pronounced his
Union as follows -
THE DECISION OF COMMISSIONER IoRIyc.
The issue between the parties arises under the
nited states statute OF 1850 and for the respon-
mt il Is urged that the statute is unconstitutional
ienever this objection is made it becomes neccs-
~ TO recur to the purpose of the statute pur-
y pits 10 carry into execution the provision OF the
rnsttuhon which provides for the eXtradtion of
rsons ied to service or labor in one State, and es-
ping into another It is applicable, and il is ap-
e slave; aud in reference to both its purpose pro-
ssions aid processes, are the same. The arrest of
5e fugitive is ministerial, and not q judicial act
~ the nature oLthe act IS nosaltered by the means
xaPioyed for its accomp lshment. When an officer
srsts fugitive from justice or y party ac-
&sed, tie officer must detelmine the iden-
" and use his discretion and information
4 the purpose. When an arrest is made under this
3ltute tie means Of determining the identity are
escribed by the statute: but when the means are
ed aid the act done, it is still ministerial act
n re- statt only substitutes the means il provides
the discretion OF an arresting officer. and thus
to the fugitive from service much better pro-
elton than Il fugitive from justice claim under
ay Law. !. extradion is the only purpose of the
atutc ard determination OF the identity is the only
rpose Of these proceedings unlerit itsec,ns to me
lat &c objection Of unconstitutionality to the
atute ,ecause it does furnish jury trial to the
gtiye. is answered. There is no provision in the
I'll F..ff
lie aIyestcd should be determined BY jury. 1t has
lever E,cn claimed lor apprentices nor fugtives
om justcc and If it does not belong to them it does
fDt belong TO the respondent. And If eNtradtion is
ministerial act then to substitute in its perform
nee, for the discretion Of an arrestine officer, the
iscfetiou OF commit soner Instructed by testimony
nder oath, seems scarcely to reach to grant Of
Idcial power, within the meaning OF the United
ltGtes constitution. Aud it is certain that If the
over given to, and used by the commissioners of
nted States courts under the statute is unconstitu-
ional, then so was the power given to and
lsed Icy magistrates OF counties, cities and
owns, fy the act of 1903. These all were commits
ioners OF the United Statos-the powers they used
inder the statute were not derived from the laws of
heir respective States, Int from the statute Of the
United States. They were commissioned by that
md that alone. They were commissioned by the
lass instead OF individually and by name and in
ss respect the only difference that can see between
The acts OF l793 and 1850, is that the latter reduced
The number Of appointces and confined the appoint
should be competent to the performance OF their
duties, and who bring to them the certificates OF te
highest judicial tribunals If the land IL Is said the
Statute is unconstitutional, because ~ gyes " 'ie
record CT tie court OF Virginia an effect beyond us
constitutional effect. The first section Of the iourh
article Of the constitution IS directory only on tne
State power and to the State courts, aud does not
seek TO limit the control OF Congress over the trlbu-
nails of tie United States the proceedings therein.
Then in that article the term records and Judicial
proceedings refers TO such incorporates, and Of nc
cessity can have no applea.on 70 nroceedings avoW
record 1t expressly declares, as to ''rccords and
judicial proceedings and that Congress shall
yresc,jIs '.the effect thereof and this express
power would seem to be precisely the power that Con-
gress has used in the statute of 1850. Other const
futiopa objections have been urged here. which
have been adjudged and re'adjldged by the Courts
of the United States and Of many OF the States and
The decisions of these tribunals absolve me from
considering the same questions further than to APP
pIy to them the determination OF the Supreme
Court oil this State IN SIMS case, Cushing, 800
pore that they .'are settled by course Of legal
decisions which we are bound to respect. and which
we regard as binding and conclusive on the Court
But n ecial objection has been raised to the record
that it describes the escape ~ from the state OF
Virgins and omits to describe IL az into another
state III the words and substance of the constitu-
fon Inf in this the record follows the 10th sec
ton OF tie statute OF 1850, and the context OF the
section confines its action 10 cases Oh escape IRON
rne State &C., into another, ana i, tnerei0re, "a
HE constitution This statute has been decided to
be constitutional by the unanimous opinion OF the
Judges 81 the Supreme Court OF MASSACHUSETTS, IN
IRE fnlles, argument and the maturest deliberaon,
md to he the law of Massachusetts, as well as and
because il is ~ constitutional law of the United
States, snd the wise words OF our revered CHIEF
Justice in that case, Cushing 3ls may well be re-
peated now, and remembered always. The Chief
Justice says -
slpverv was not created established perpetuatei by
tie constitutions 1t existed before II would have existed
IL the constitution bad not been made The trainers Of
1e constitution could not abrogate slavery OF the rights
claimed uder IL eThey took 1t they found it, and re-
zulatee II to limited extent The constitution there
lore not responsible for the origin continuance of
kverythe provision II contains was the best ADJUST
1nent which could be made OF conflicting rights aud
claims and was absolutely necessary 10 effect what mag
be considered the general pacfcation by which
harmony and Pc should lake the place Of violence and
These were the circumstances, and this the spirit
IN which the constitution made-the regulation OF
slavery far prohibit States by law from narborng
fugitive slaves essential element In Its formation
and the union intended TO be established by was essen
TALLY necessary to the peace, happiness and highest
nj in