Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1854-06-08
Heath d slEasl,Tille


'Hhe Banacr of last Saturday says:
The inteTnents Of The City Cemetefyf or q hours
ending az O. clock, r. NJ, yesterday, amounted TO
inIee OF them OF persons v no died of CIoie-
r.. lhe Weather yesterday was Iair and pleasant,
and NJ heard of no new case of Cholera.
Final Decision of the fugitive Slave Case.
= The Boston papers contai ietaiisd accounts or
The excitement and incidents attending The sarFsn-
der and of tile fugitive slave burns. but
the full teiegranhic accounts published in the In
teliigencer, have antici ted everything Of impor
tances except the decision of U S. Commissioners
LoEing; which we subi1in: 81 s,.
THE DEcIsIoH or COMMISSIONER I.oRIES u =
The issue between the parties arises under the
u s. statue of 1850, and for fie respondent is
urged that the statute is Unconstitutional. When
eyer THIS objection Is made, it becomes necessary
70 recuf 70 the purpose of this statute. purports
to carry into execution the provision of The con-
sdtution which Divides for the extraditon ofpef-
sons held seIylce or labor in one State and es-
Piled alike to bond and freeto the appfentice and
the slave, and inErefefence 10 both, ats purpose
provisions and processes are he same. 9f
: The arrest of the fugitive is a ministefial and
not judiciAlac and the nature of the act IS not
altered by the means employed for its accomplish
ment. wv hens an o thcer ar tests fugitive from
Justice or party accused, the officer must deter
mine the identity and use his discretion aud In
tormation Tor the purpose. Wien an. arrest is
made under this statute the means of determining
the Identity are prescribed by the statute: but
" men the means are used and the actione, it is
sill ministerial act he statute only substitutes
the means provides forite discretion of am an
resting ofcrrs and thus gives TO the fugitive from
service q much better Protection than u fngitiye
frorn Justice can claim under any law.
II extradltlon IS The only purpose of the statute
and the dissemination OF the identity is the only
purpose OF these proceedings under II 1t seems to
me that the objection OF 10 the
lloff
the might've is answered. 81
Their is no provision in the lion reqtiir-
ing the identity Of the person to be arrested should
be determined BY a jury. il has never been clains
ed Ion apprentices nor fugitiyes IloTi Justice and
1t II does not belong to them II DOES not belong
the respondent. And IL extfadition is a niniste-
rial ACT then 70 IN its performance, for
The an arfesting officer, the discretion
OF . commissioner instructed by Testimony under
oath seems scarcely to 10 grant oil judicial
powell within the meaning of the United States
Constitution. and 1t Is cettain that If the power
given to dnsed by the commissioners of limited
States courts under hestatptes Is
then so was the power given 70 and used by naeiss
rates Of con'lss cities and towns, by ths act OF
1898. These all were commissioners of the { M
ted States-the powers they used underline statnte
were not derived from tbe laws of their respective
States but from the statute Ct tile Uuited States
They were commissioned by that and that alone
irhey were commissioned by the class, instead Of
Individually and by name, and in this respect The
only difference that can see between the acts of
ireland 1850, IS that the latter reduced the num-
Der Of appotnIees. and confined the appointment
70 those who by Heir professional training should
pc competent to The performance oil their duties,
and who bring to them the Certificates Of the high
est judicial Tribunals Of the land.
Y Is SAID the statute isuuconstitntonal, because
u gives 10 The record of the court Of Virginia an
eifect beyond It's eonsti utional elect. he first
section OIL the fourth aricle of The constitution is
alreclory only on the State power and MS 10 lie
state courts and does notseek 10 limit The control
Oh over the ribunaso of the United States
or the proceedings therein Then in tllai arieI.,
me term Eecords and judicial proceedings, re-
lets 10 such anu of necessity can have
no plicaticn TO proceedings ayowediy e pafte.
pIocesdinss, that congress slilil preseri
2 s .s and This ex pFessive power wonld
seem 70 DE precisely the power that congress has
aseu IN Inc stainte OF 1854, - = ,sss
othet constitutional obi ectIans ba,s ,sa,,,s...,
heEs' which have been ediuJged aad Trsadn,lSsi