The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-06

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TAs coUwrRy rArEs pass,Asd nj weekly daring tho
sens q Congress, aa1 ssni-wsskH Earring shs rscsss
sshscdpaea IN psod IL. thsn year viii be received
terms psopofdoasd % DE shsvs sznuai rates.
UP06TnAHTEk1 authorised aSeals aud BY
sending - rvs DAILY sahshs, with 80 saciosed
ssoSsn, with - enclosed, win be eauded 10
From The Boston Posi-.
THE SUPREMACY OF LAW.
The decision of Commissioner Loring on the law and
the facts la the gvesaye case remended Burns his
claimant There y not in the minds OF the community so
much doubt that under the laws OF Virginia Anthony
Burns owed Colonel Sutue service that be escaped from
that service and that according to the constitution the
bargain Massachusetts, made with her sister States and to
solemn obligation, 1t becomes duty to deliver him up
This was accordingly done Officers according to their
oaths, executed the laws
The present excited state Of the community must command
the appreciation OF every good citizen The arrangements
were so complete that no serious attempt at rescue was
made and no blood was she'd The escort was several
times crowded upon and insults offered 10 the police
and military by the excited mob but thanks 10 the good
Judgment OF the officers order trumphcd and the law was
maintained The strong demonstration Of force was the
truly humane HBi 3 4Af Isl
While great credit due the cvilauhories for their
too much praise be awarded the citizen sodey
Of Boston for their great service AT the call Of the law
s anS s w M
forbearng as It gasnt and military 1t was 70 this
organization that this city owed yesterday m preservation
from anarchy Nor IL this the first time tho community
has received such ervcc at its hands and is passing
strange that there those who question its utility
who hesitate TO award to it the praise that is its just due
hen the events of the week past cosdered when the
unparalleled efforts to excite riot and treason
bered what would have been the state OF Boston yesterday
when the excited concourse crowded its streets but for the
action Of the citizen soldery. Their determined appear
was demonstration that attempt TO rescue would
have been impossible to have succeeded and this
the public peace 8aass
sion OF the in which she stands ready to fulfil her
obligations TO the constitution and the Union. That the
laws should have been executed not only without blood
she'd but without serious disturbance rejects credit not
only on the officers, but on iaw-abiding citizens.
t' THE RENDITION or BUaxs
The decision In this case was delivered yesterday
ing by Commissioner Lorng An intense excitement pro
vailed In and about the courhouse for considerable time
previous to the meeting o the court At about quarter be-
fore o'clock Burns brought into court attended by
guard Of and at o'clock the commissioners took his
scat Order Immediately secured and Mr. Lorng read
his decision, as follows; H8
Decision Of Connissioney Lor,y.
The issue between the parties arises under the United
States statute of $780, and for the respondent it il urged
that the statute is unconstitutional Whenever this objec-
ton is made 1t becomes necessary to to the purpose
vision Of the constitution which provides for the extrad
ton Of persons held to service labor in State and
alike bond and ecto the apprentice and the
in rcfrrenceo both purpose provisions and processes
is the same
The arrest Of the fugitive is ministerial and not judi
ca act and the nature of the act is altered by the
means employed for Its accomplishment When officer
arrests fugitive from jutce party accused, the Off
information for the purpose When is made unS
der this statute the determining the identity
prescribed by the statute but when the means used and
the act done it is still ministerial act The statute only
substitutes the means II provides for the discretion Of
arresng officer and thus gives the fugitive from service
much better protection than fugitive from justice can
W.
e1raditon is the only purpose Of the statute and the
discrimination Of the identity the only purpose Of these
uAconstitutonaty 70 the statute because it does not fur
nish jury trial to the fugitive is answered.
There no provision in the constitution requiring that
the dey OF the be arrested should be determined
by jury II has been claimed for apprentices
fugiyes from justice and II it does belong them it
does not belong to the respondent And If exradon is
ministerial act then, TO substitute in its performance for
the direction Of resng officer the discretion Of
missioner instructed by testimony under oath,
scarcely to reach TO grant OF judicial power within the
meaning Of the United States constitution. And II is
tain that II the power given to- and used by the commits
sioners OF the United Saes courts under the statute
constitutional then 20 was the power given and used
~ Esa n's''f' cues and towns 'y 'As act o.
These all were commissioners Of the United States; the
powers they used under the statute derived from
the laws Of their respective States but from the statute Of
the United States They commissioned by that and
that alone They commissioned by the class instead
Of individually and by namc and in this respect the Only
difference that between the acts of 1893 and 1850
U.s. that the latter reduced the of apponte and
confined the appointment those who by their profession
al training should be competent TO the performance of their
duties and who bring TO them the certificates Of the high
est judicial tribunals Of the land
II said the statute Is unconstitutional because II gives
TO the record Of tie Of Virginia effect beyond its
constitutional effect The first section of the fourth article
Of the constitution s directory only the State power and
70 the State courts and does not seek TO limit the
troll of Congress the tribunals OF the United States
the proceedings therein Then In that article The
records and judicial proceedings refers such inerpa
ties and Of necessity have application TO proceedings
avowed part Then, IL the first section includes this
record il expressly declares TO records and judicial
Of y and this express power would be precisely
the power that Congress has used in the Of 1850
Other constitutional objections have been urged here
which have been sdudgcd and rcadudgcd by the Of
tho United States and Of many Of the States and the decs
ions Of these tribunals absoved from considering the
questions further than TO apply to them the deem
nation Of the supreme court OF this State In Smmss
Cushing Booth page that they settled BY course
Of legal decisions which we are bound respect and
which regard binding and conclusive on the COURT
But special objection has been raised TO the record that
it describes the escape from the State OF Virginia and
oms TO describe il another State in the words and
substance m the constitution But in this the record fol-
lows the 10th section OF the statute OF 1880 and the
Of the section confines its action TO escape from
State Ac into another and is therefore in practical
action and extent strictly confomable 10 the constitution
This statute has been decided 10 be by the
unanimous opinion Of the judges Of the supreme Of
Massachusetts in the fullest argument and the do
liberation and he the sw Of Massachusetts, as wen as
and because il constitutional Of the United States
nj fhatc