Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-04-30
OPINION OF Mr.. cRITTENDEN.
ATTORNEY GENERALS OFFICE,
JQtb Cootanbar 1Q60

10Th september, lo0U.
SIR I have had the honor to receive your note
of this date, informing me that the bill commonly
called the Fugitive Slave Bill, having passed both
Houses Of Congress, had been submitted to you
for your consideration, approval and signature,
and requesting my opinion whether tho sirth sec.
lion OF that act, and especially the last clause Of
that section, conflicts with the provision of the
Constitution which declares that "the privilege
Of the writ of habeas corpus shall not be suspend.
ed, unless when 10 case of rebellion or invasion,
the public safety may require It,"
1t is my clear conviction there is nothing in the
last clause, nor in any part of the sirM section,
nor indeed in any part of the provisions of the act,
which suspends, or was intended to suspend, the
privilege of the writ of habeas corpus, or is in any
manner in conflict with the Constitution.
III Constitution in the second section of the
fourth article, declares, that mo person held to
service or labor in one State, under the laws there.
of, escaping into another, shall in consequence Of
any law or regulation therein, be discharged from
such service or labor, but SHALL be delivered up
on claim of the party to whom such service or Ia.
Dor may be due"
. 1t is we'll known and admitted, historically and
judicially that this clause of the Constitution was
made for the purpose of securing to the c%itisons
of slaveholding States the complete ownership in
their slaves, as property, in any and every State
or Territory Of the Union into which they might
escape. (Prigg Us. Commonwealth Of Rennsy,ra.
MIA. l6 Pet. 539.) 1t devolved on the General
Government, as a solemn duty, to make that secu.
rity ~cffectual. Their power was not only clear
and full, but according to the opinion of the court
in the above cited case, it was e~rcluSive; the States.
severally, being under no obligation, and having
no power to make laws or regulations in respect to
the delivery of fugitives. Thus the whole power,
and with it the whole duty, of carrying into effect
this important provision of the Constitution was
with Congress. And accordingly, soon after the
adoption of the Constitution, the act of the 18th
February, 1893, was passed, and that proving IN.
satisfactory and inefficient, by reason (among 9th
err causes) os some minor errors in its details, Con
+ gress are now attempting by this bill to d~isUharg'
a constitutional obligation, by securing more e6ec
e tually the delivery of fugitive slaves to their own
ers. The sirth and most material section in sui
e stance declares, that the claimant Of the fugitiv
,r slave may arrest and carry him before any one Q
,e the officers named and described in the bill, an
provides that these officers and each Of them sha
as have judicial power and jurisdiction to hear, ez
h anime, and decide the case in q summary manner
ID that, if upon such hearing, the claimant, by tn
Ii requisite proof. shall establish his claim to th
I'd satisfaction of the tribunal thus constituted, tn
ii. said tribunal shall give him a certificate, stain
o. therein the substantial facts of the case, and au
e authorizing him, with such reasonable force a
ch may be necessary, to take and carry said fugitiv
L t. A. H. C1.ko =, Tor;kcru x-banoo h. ~ Oh
1t, may have escaped. and then in conclusion proceed
in as follows 1.-The certificates in this and the fir.
IT. section mentioned shall be conclusive Of the rigf
RS of the person or persons, in whose favor granted
to remove such fugitive to the State or Territor
i'd from which he escaped. and shall prevent all MI
rs, ~lestation of such person or persons, by any PR
or cess issued by any court, judge, magistrate, {
its other person whomsoever."
Ter There is nothing in all this that does not seel
to me to be consistent with the Constitution, an
on necessary, indeed, to redeem the pledge which
We, contains-that such f~ugitives "shall be delivere
,as upon claim" Of their owners.
lat The Supreme Court of the United States has d
or cided that the owner, Independent of any aid fro
State or National legislation, may, in virtue of IL
de, Constitution and his own right of property, sci,
ar. and re-ca pture his fugitive slave, in wbatsoev,
to State he may find him, and carry him back to Il
ere State or Territory from which he escaped. (PriS
or. Us. Commonwealth of Pennsylvania. l6. Pet. $50
is This bill, therefore. confers no right on the own
my of the fugitive slave it only gives him an a
me pointed and peaceable remedy, in place of IL
so more exposed and insecure, but not less Lawful
aid mode Of self redress. And as to the fugitive slay
re- be has no cause to complain Of this bill i. adc
we'd no coercion to that which his owner himself mig
for at his own will, righIfully exercise and all ii
the proceedings which it institutes are but go much
t is orderly judicial authority, interposed betwe,
ted him and his owner, and consequently of prote
ton to him. and mitigation Of the exercise by Il
hen owner himself of his personal authority. This
the constitutional and legal view Of the subiec
nall as sanctioned by the decision Of the Supren
ice Court and to that l limit myself.
tor The act Of the 18th February, 1893, before &
,re' luded to, so far as it respects any constitution
tbs question that can arise out Of this bil, lie iden,ic
with it. 1t authorizes the like arrest of the {
sea- gitive slave. the like trial, the like certificate, wi
ere. the like authority to the owner, by virtue of tn
ade certificate as his warrant, to remove him to [
de- State or Territory from which he escaped. A,
uch the constitutionality of that act, in all those DC
ript ticulars, has been affirmed by the adjudicstions
q of State tribunals, and by the court. Of the Unit
ced States, withouta single dissent. so far as I kno
itch (Baldpia's C. c.. r. SIT, 5790
ing / conclude, therefore. that SO far as The act
of. the 18th February, 1898, has been held to be co
use stitutional, this bill must also be so regarded, a.
de. that the custody, restraint, and removal, to viii
ULLl the fugitive slave NAV be subieeted ,n5ar 4,
lpe, provision of this bill. are oil lawful, and that I
certificate to be granted to the owner is to be
led. gardsd as the act and judgment of q judicial I
Of buual having competent jurisdiction.
her With these remarks as to the constitutional
'On- Of the general provisions Of tbs bill, and The o.