Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-03-20

iyover has been given u them / am muct
8t4tes right man for his. The independence
.adiana Is not to be given tip, even 10 conci'fatf
the feelings of the South We have long enough
submitted t. their cxor5It4nt demands. The bas
interests Of TIE West the wisest systems ever de
iseei for tho government Of the country. have
been thrown at the foot Of toreira power III con
sequence Of the gascoaade and threatened h1.ii
fieation of tha saHc-hoder- For one | value iae
Union If ny country highly onv, bat an
not vIIllag re!iuquish all the rights ct the NoFt
and West 50 the eternal graspsag OF tbs me- G.
contcu9ed South.
1t DOGS not follow rs i necessary consequence
that because the State IN Ike 10 !aac or Tegtt
Lstioa TO Drerent the owner Of a slave from carry
ing h:Ea without their iIrisdIctIon that congress
las the power TO point ont the manner n "hteh
sub fugitive may be claimed The constitution
If the Omitted States has interdlcted the State
from ''ulaIng any thing but gold and silver coin
= yaI TENDER" bot does this give to Congress
TIE power 10 make any thing else legal tender?
The State - prohibited from .'passug any bill
# atiain2er;n but does this confer upon Congress
/ the power t. pass bill O.! aitaindcr? i State
eaa pass no "Er post facto l1lc," and yet tas
/ negative power on ihe part Of the State InFest#
/ with 10 such power. The truth IS that while We
cannot pass any law 10 prevent the proper owner
from retaining his slave, we may nevertheless
point oit the IN which he shall assert his
claim, oarown constitution, for instance, forbas
the Legislature 40 pass any i2cO 3mDatr5ag tie
Uu!itity eff Il coutruct,'' bat who VII deny that
! hay may not give 4 remedy. We could no! nal
LILY contract already made, but cua surely pejut
ont the mtnrer in which such contract shall be
enforced. By the proposition before the Senate
we ct.j1l r1 more We do not aal, 10 prevent the
sieve lniicr from reclining his slave, we only
fsette that he may be compelled to identify tac
person he claims oHlt.s service, before he sa@ii
sc permitted drag brta out OF our State, 10 give
to either party the tsiu! by jury, and not make
,fs1
opinion Of some wiitui or ignorant Justice Of tho
peaca. II the act Of Congress be law, end We
cannot IegIs1ate upon the subject, the cousc-
Cganca is, that the certificate nf ga ignorant CT
corrnnt Justice Is conclusive, add citizen Of thu
State, whether whit. OF black, (or the act Of Con-
eFess makes 40 distinction Of co!or-all may be
claimed .ugitivos) Is liable to be transported
oat of the State to some GIstan: part of the land.
lie cat demand no jury, or even the writ Of f1G-
tEtGs Corpus To inquire iato the legality oi The
seizure. The certificate is conclusive, and
matter by what corrupt means it may have been
Fannd all inKc> 3lFt }ion, e 81 .Gnda IA fcl
to & distant part of the Unioo-amoug straneer7
-,vjthoH. t..eaps-without friends proof, that
he Is enabled 10 procure trial OF the ciait3 az
q last hin. 4 plain and unsophsucated mlad
would naturally ask II such IS the law? Can IT
be possible that the trainers IF our constitution in
tended to onthorize such procecdiags2 To CON-
pei an investigation Of identity IN land where
the party NAV be unknown? Whatever Others
may t1t.. am one who doubts whether the pa
tfiota Of the revolution forming the convention,
ever intended 10 sanction such principle lHeJ
had but little while previous experienced lis
evils ami Incorporated IN their declaration ct IN
Dependence, as of the justlfiable causes ofsc-
Fnration from the mother countrv-'thGt the mag
bitaafs of the colonies had been transported be-
yoaa tic seas for trial"
have already stated that the certificate OF
Justice OF the peace is conclusive, II the act Of
Congress be constitutional. Is il not well
sottlcd principle that Congress cannot confer any
part Of the judicial power OF the United States
tate magistrates officers? aud yet the act Of
" 'ngress provides that the fugitive may he seized
and taken before any Judge of the circnit OF dis
triet courts Of the United States, or before any
magistrate of county. &c, tcbercia SACK Sei7ure
or arrest siaU be made? Now, If Congress is III
vested with the power TO leeisIate upon this sub
oci. the General Government OF course has the
s5e control IN such eases. Nor can Congress
transfer 20 the State lis courts any authority
uDon the saji act.-Commonweajth VS.. Feeiy-
Vr1iEi1 cnses 32I-was an indictment for rob-
bag the mail undcr an act of Congress, which
gave, Isl express terms, Jurisdiction 10 the state
aoHr.s + the offence. Bat the Court Of Errors
in Virginia decided that thev coad not, under the
caosdt9tI5a, exercise il. For further discussion
of This question. see 9 Peters :12S. / I<ents Com
30, to 4J5. Coan. r. 239, ) Story's Com. 81.
o2o. all holding that Congress cannot vest any
pof3oA Of the judicial power @! the United States
except l.. courts ordained s. established by Itself
Il Is clear. then. that the act Of Congress is void
frs1 the feeE8iag authorities, at least 50 far as
il attempts ia vest power in State magistrates,
and yet moi more Void in this particular. we hum
oily conceive. than ii Is throughout. The &C, Is
truly o. ola standing. vet error may become
hoary well As truth. If Congress could leeis-
late at all upon the subject, they should have pro-
vidod for trial by jury Peters. 4td. The
right of trial by jury is secured 10 every citizen
Of the United States for which reason alone. IN
dependent Of every other, the whole act becomes
Il uufIliy. ItmaT be said tia, this article of the
Constitution relates to questions OF property To
this it may he answered that the person claiming
one fugitive from labor claims him pro-
perty-s4ves, in the siave-hc'ding States. are
a9den as property. In fact, il Is a question of