Slavery -- United States; United States -- Politics and government -- 1849-1853
jeopardy, by submission to twelve good and lawful men. Not how much
may we do for freedom, but how much can we do for slavery, has been
the tacit assumption of the argument. But I pass by this for graver
objections.
The Fugitive Slave act purports to confer judicial power upon persons
who are not judges. It provides for the creation of scores and hundreds
of officers called “commissioners,” and upon these, it is said on high
authority, to confer _original_ and _final_ jurisdiction on questions
of human liberty. The constitution declares in whom “the judicial power
of the United States shall be vested.” It shall be vested in “one
supreme court, and in such inferior courts as Congress may from time
to time establish.” No commissioner, nor any number of commissioners,
constitute one of these courts. “The judges, both of the supreme and
inferior courts, shall hold their offices during good behavior.” A
commissioner can be made and unmade on any day. These judges are
to “receive for their services a compensation, which shall not be
diminished during their continuance in office.” The commissioners are
compensated by chance fees, and not by a fixed salary. The President
nominates and the Senate confirms judges of the supreme and inferior
courts. Commissioners are only the “inferior officers” who may be
appointed by “the courts of law.”
I need not enforce the position, that the power which this act purports
to confer upon commissioners is _judicial_. It has all the attributes
of judicial power. It is _original_, _final_, and _exclusive_. They are
“to hear and _determine_.” The fourth section says they “shall have
_concurrent_ jurisdiction with the judges of the circuit and district
courts of the United States.” The attorney-general of the United
States, in a written opinion, given by command of the President of the
United States, says as follows: “These officers, [the commissioners,]
and each of them, have _judicial_ power, and jurisdiction to hear,
examine, and decide the case.” “The certificate to be granted to
the owner is to be regarded as the act and judgment of a judicial
tribunal having competent jurisdiction.” “Congress has constituted
a tribunal with exclusive jurisdiction to determine summarily, and
without appeal, who are fugitives from service.” “The judgment of
the tribunal created by this act is conclusive upon all tribunals.”
The power of a commissioner, therefore, is _judicial_ in the highest
sense,--in the sense of the constitution. His decision cannot be
reheard or reëxamined by any judge, or by any court, of any state, or
of the United States. In no other case can a commissioner perform any
judicial act, or issue any executive order, whose validity may not
be reëxamined in the court for which he acts, or in some other. He
cannot strike a blow, nor fine a dollar, nor punish by imprisonment
for an hour. By appeal, by injunction, by mandamus or certiorari, the
proceedings of inferior courts or magistrates can be reached, and their
Public-domain text, read in full here on John Shaqi.
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