first, Sims' case, Chief Justice Shaw pointed out that under the Slave Law of 1793 the jurisdiction over fugitive slave cases had been conferred on justices of the peace and magistrates of cities and towns corporate, as well as on judges of the United States circuit and district courts, and that evidently, therefore, the power bestowed had not been deemed judicial in the sense in which it was urged that the functions of the commissioners were judicial. At the same time the judge admitted that the "argument from the limitation of judicial power would be entitled to very grave consideration" if it were without the support of early construction, judicial precedent and the acquiescence of the general and state governments. In the trial of James Scott, on the charge of aiding in the rescue of Shadrach (May or June, 1851), Judge Sprague, of the United States District Court, held that the legal force of the certificate issued by a commissioner lay merely in the authority it conveyed to remove the person designated from one state to another, and that the disposition made of the person removed depended solely upon the laws of the state to which he was taken. The facts set down in the certificate were not, therefore, to be considered as matters judicially established, but as facts only in the opinion of the commissioner. In Booth's case, the opinion of the Supreme Court of Wisconsin contained a reference to the legality of the power of the commissioners and sustained the objection to their authority on the ground of unconstitutionality.[799] In _ex parte_ Robinson, Judge McLean admitted that the inquiry made by the commissioner was "somewhat in the nature of judicial power," but that the same remark applied to all the officers of the accounting departments of the government, as, for example, the examiners in the Patent Office. He also remarked that the Supreme Court had always treated the acts of the commissioners, in the cases that had come before it, as possessed of authority under the law.[800] [794] _7 Cushing's Reports_, 287. The constitutional requirement will be found in Article III, Section 1, of the Constitution of the United States. [795] 5 _McLean's Reports_, 481. [796] 3 _Wisconsin Reports_, 39. [797] 6 _McLean's Reports_, 359. [798] 9 _Ohio State Reports_, 176. [799] 3 _Wisconsin Reports_, 64. [800] 6 _McLean's Reports_, 359, 360.