Year: 1861

the "peculiar institution" and led to
the enactment of the supplementary
fugitive slave law of 1850, by which il
was attempted to give to Commission
ers the power previously and still pos
sessed by the Federal Judges, and to
deny the writ of hd6eds corpus in GER
tain cases where fugitive had been
arrested.


Although majority of the court
pretty emphatically say that the fugi-
tive slave clause of the constitution
"manifestly contemplates the existence
of a positive unqualified right on the
part of the owner. of the slave which
no State law or regulation can in any
way qualify, regulate, control or re-
strain," it is to be remarked that the
general police power of the State is
conceded, and that they "possess full
Jurisdiction to arrest and restrain run
away slaves and remove them from
their borders, and otherwise secure
themselves against their depredations
and evil examples" and that the States
may punish them for crime like other
subjects; and, although it appears evil
dent that such measures might some
times facilitate and somewhat delay or
wholly prevent the return of fugitive.
the court says, "The rights of the own
ers of fugitive slaves are in no just
sense interfered with or regulated by
such a course" The court distinctly
enough declares that any law designed
to regulate or interfere with the rendi-
ton of fugitive slaves would be uncon-
stitutional, but would allow the exer-
else of proper State authority to pro-
tect its inhabitants, although the Incl
dental but undersigned effects might
be to hinder or delay the owner of this
kind of property. 1t is also to be re-
marked that in none of the lengthy
opinions is there any intimation that
the writ of habeas corpus shall be de-
MED to the fugitive, or that Congress
has any power to deny it to him.


The constitution of the United States
(sec. 9, art. y recognizes a subsisting
right, in these words:


"The privilege of the writ of ha5eas
corpus shall not be suspended, unless
when in case Of rebellion or invasion
the public sefety may require it.''


The language can hardly be mis-
understood, and certainly will not allow
the free men of Michigan to be denied
this privilege, held in so great estima-
ton from the day when Magma Chdrto
was wrested from King John. 1t is
believed by majority of the commit
tee that the fugitive slave law of 1850
is unconstitutional and void, in so far
as it attempts to deny the writ of ha6eas
cOrpus


Another clause of the Federal con.
stitution (sec. /, art. 81, seems to be
equally capable of misconstruction


"The judicial power of the United
States shall be vested in one Supreme
Court, and in such inferior courts as
the Congress may from time to time
ordain and establish. The judges, both
of the Supreme and inferior courts
shall hold their Offices during good be-
havior; and shall, at stated times, re-
ceive for their services a compensation
which shall not be diminished during
their continuance in Office"


The majority of the committee be,
lieve that, however inhuman and sum
mary the proceedings may be made
however much ordinary rules of evi
dence may be overturned in the mode
of trial; still that the act by which the
! United States Commissioner determ
ines that the fugitive slave law be
given up to claimant is and must be
in its character judicial, and hence, tc
be lawful, must be exercised either by
the Supreme Court or by inferior courts
established by Congress. Any such
courts are to be presided over by Judge.
holding Office during good behavior
and receiving salaries not to be dimin
ished during their continuance in office
The adjudication of the Commission
er is pretty certainly not the judgment
of the Circuit or District Court. fol
these are courts of record, having thei
own judges; nor can the act of 1854
be held to constitute new courts to bt
holden by the Commissioners or t.
make them judges, for neither in thei


modes of appointment, in the tenure'
of their Offices, or in the compensation
they receive, do they correspond to tn,
constitutional requirements of Judges
of inferior courts. If the majority o
the committee are right in the eonclu
sion to which they have arrived, tn,
attempted delegation of power by Con
gress TO Commissioners is utterly void
and the District Judge is the only off
Ger, resident in this State, authorized


to issue valid process for the seizure
J or adjucate the return, of.a fugitiv,
slave. Practically, the slave-owner i
J thus left almost entirely to depend upol
his right to seize and recapture, al
, firmed by the court in the case of Prig,
Us. Pennsylvania. The temptation i
|, much greater than if regular tribunal
} were established at all the principa
, towns to seize either directly O
) through the illegal instrumentality O
} Commissioners and carry into SLAYER,
/ those who are really free.


The act of 1856 was passed few
5 months after the repeal of the Missouri
: compromise by majority then frs
r coming to political power; it wa
evidently drafted by some one accus
toned to the work which he undertook
7 but at the same time it bears evidence
1 in the opinion of the UNDERSIGNED. of