that, where a claim is made by the owner out of possession
for the delivery of a slave, it must be made, if made at all, _against
some other person_; and inasmuch as the right is a right of property,
capable of being recognized and asserted by proceedings _before a court
of justice between parties adverse to each other_, it constitutes, in
the strictest sense, a _controversy_ between parties, and a case arising
under the Constitution of the United States, within the express
delegation of judicial power given by that instrument." (16 _Peters_,
616.) Hence your commissioners are, in the _strictest sense_, judges,
exercising "judicial power" delegated by the Constitution.

You pronounce Mr. Crittenden "legal authority of the highest kind." This
legal authority understands the sixth section of your law as providing
that each commissioner "shall have judicial power and jurisdiction to
hear, examine, and decide the case in a summary manner." Now, if a man,
having judicial power and jurisdiction to decide controversies between
parties adverse to each other, in controversies arising under the
Constitution and within the express delegation of judicial power given
by that instrument, is not a judge, do tell us who is one. Once more,
Sir, Mr. Crittenden says, "The legal authority of every tribunal of
exclusive jurisdiction, where no appeal lies, is of necessity
conclusive upon every tribunal; and therefore the judgment of the
tribunal created by this act is conclusive upon all other tribunals." So
your commissioner is not only a judge, but he constitutes a tribunal of
exclusive jurisdiction, and his judgment is binding even upon the
Supreme Court of the United States. And yet, Sir, you must deny that
this omnipotent commissioner is a judge, or you must admit, that, in the
mode of his appointment, you have flagrantly violated the Constitution
of your country.

It has been most wickedly asserted by our proslavery presses and our
proslavery politicians, that the surrender of fugitives from labor and
fugitives from justice are similar proceedings. The surrender of a
fugitive slave involves two questions, that of identity and that of
property; and the law makes the decision of the commissioner on both
points final and conclusive upon every State and Federal court in the
land. The surrender of a fugitive criminal involves only the question of
personal identity. The Governor of the State issues his warrant for the
apprehension and deliv