The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
The uncertainty as to the precise character of the commissioners'
power displayed in the different views of the courts before which
the question was brought marks the observations of the commissioners
themselves in regard to their authority. Examples will be found
in Sims' and Burns' cases. In the former, Mr. George T. Curtis
declared that claims for fugitive slaves came within the judicial
power of the federal government, and that, consequently, the mode
and means of the application of this power to the cases arising were
properly to be determined by Congress. In the latter, Mr. Edward G.
Loring asserted that his action was not judicial at all, but only
ministerial.
An additional ground of objection to the commissioners was found in
the provision made in the law of 1850 for their remuneration. When
one of these officers issued a certificate authorizing the removal
of a runaway to the state whence he had escaped, he was legally
entitled to a fee of ten dollars; when, however, he withheld the
warrant he could receive but five dollars. Abolitionists took much
offence at this arrangement, and sometimes scornfully denominated
the special appointees under the law the "ten-dollar commissioners,"
and insisted that the difference between the fees was in the nature
of a bribe held out to the officers to induce them to decide in
favor of the claimant. Considering the prevalence of this feeling
outside of the courts, it is not surprising that objections to the
section of the act regulating the fees of commissioners should
have been taken within the court-room.[801] Such objection was
raised in McQuerry's case, and was answered by Judge McLean. This
answer is probably the only one judicially declared, and is worth
quoting: "In regard to the five dollars, in addition, paid to the
commissioner, where the fugitive is remanded to the claimant," the
judge explained, "in all fairness it cannot be considered as a
bribe, or as so intended by Congress; but as a compensation to the
commissioner for making a statement of the case, which includes the
facts proved, and to which the certificate is annexed. In cases
where the witnesses are numerous and the investigation takes up
several days, five dollars would scarcely be a compensation for the
statement required. Where the fugitive is discharged, no statement
is necessary."[802]
[801] Hurd, _Law of Freedom and Bondage_, Vol. II, p. 747.
[802] 5 _McLean's Reports_, 481.
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