The Constitutional Provision Respecting Fugitives From Service Or Labor And the

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* But the Commissioner, who certifies that the captive be- fore him is a fugitive from service, does not know, from the papers in the case, that there is to be any further legal pro- ceedings of which his examination is to be a preliminary part; the act of Congress which he is administering, knows * 1 have omitted any reference in the text to another ofEcer, whose duties have been considered as analogous to those of a tribunal called upon to decide between a claimant and an alleged fugitive fro...m service, the Commis- sioner of Patents. (See Commissioner Curtis's Opinion, Trial of Thomas Sims, 41. ) It is certain, that the remarks offered in regard to the other officers named, will not apply to him. He, surely, makes no return of his doings to any Court. The argument deduced from this office, I may as well, perhaps, frankly confess to be unanswerable as to attempt to refute it. But what I cannot assail as an opponent, may I not, in a friendly spirit, venture to criticise ? May I not suggest, that precisely here, where that phrenolog- ical faculty was most needed, breadth of comparison failed the Honorable Court ?

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