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


IN tie State Senate, on the IiH pror;3iae for Lrt
III by Jury questions Of Personal Freedom
1Ir TEST saiJ that the object of the bill befo.s
she Senate was 70 guarantee the right OF trial b,
jury to either parsy in eases where any person il
claimed within the Jurisdiction oI our own State
rs Il fugitive from labor. The f..tat u trial be
Jury has been regarded BY tAs friends u
freedom al invaluable Dfit .tc-e--as one ct tbs
hishes. securities against all entertainments Of 4
legal tora affecting oar persons NJ property. In
trainers Of our State constiuie.a have thought
proper To cngraI IT pert of TINS .unda tai
law, that of The tsiv Gal char
actcr, even ~baro the property in horse ~ q
matter oi leaaI controversy, either party colj-
Ited 10 demand jury, and yet, sirsHge - tell, IN
cases involving the freedom Oh Il human being.
the privilege denied.
Congress, by an act passed in 1893, has proyi-
ed ''i1at any person held 10 labor ping IN IN
Other State, the person 10 a4.a such labor ser
vice may ba dae, Is empowered - -"iz7 Unrest
sHch idTstive from labor, ami - t4ise tlio, ler
before any Jldso OF the circuit distinct courts
oi tho United States, residing, being within the
State, or before any magistrate of county, ar
town corporate, wherein sua seizure or ernest
shall bo taade, add upon proof 10 the satisfaction
6t such Judge or magistrate, either by oT 'es;j-
mony or affidavit, taken before md certilie ~ II
Gaaetstratc, that the person se'zad or arrested
doth, under the laws OF the State from which he
or she fed service labor 10 the pe~son
claiming hsm, or her. 1T shall be- the duty OF e. cu
ICdge or magistrate to give certificate thereof
such ciatn nut, which shall uo sufficient warrant
tor removing the said fugitive from labor 10 The
State from which he she llad.'
If the act above recfted be within The powers
granted to Congress, then indeed the proposition
other words, if the act is in pursuance OF tho con
sfltalion Of the United States, II ia then para
mount to all state authority. 30 understand tAi@
subject however, 1t Will DO necessary 10 rccUT II
tisa ~
thus attemptcd to be exercised lay tho Congress
OF the United States. Art /. Sec. =, ct the con-
stituian is in these words: ~ person held 10 Ia
bar and service ID one State under the Ia"a there
Of escaping Into another. shall, ia consequence OF
any law or regulation therein be df-charced from
such service or labor, but shall be delivered Up on
claim OF The party 10 whom such labor ar service
may be due - 1t viii not be conicnded, pre-
sumo that the act halora referred 10 IS founded
upon any other article of the constitution than
The one i1sied recitcd. Does this, then, confer
upon Congress the power to lcgslato and point
out the manner in which fugitive shnii be claim
ed when found wilhiu the jurisdiction OF our own
State? No one will contend that by express
words such power ~ yielded /" Congress, and the
1Gjh article ct the amendments Of tho constttu-
ton declares that she powers not delegated II
the United States by The CONSTITUTING nor prohi
bod by 1t to the States, reserved to the States
resPectiv ely, or the pcopie,'
am aware that Congress may ~ certain Incl
dental things necessary to carr ont the proyis
ions Of the cons ttdton, but it is ontv IN cases
where certain powers therein granted. Con
gresS. f,F instance, has power tn "dec'aTa war,
to raise aud stopnrt armies" II provide ana
maintain a nayy;'' bat these are NH expressly en
amerated powers. and AT the end ct tire section
enumerating such powers, II Is provided "th4i
Congress may make all laws which shall be No
cessary and proper for carrying into clTac: tia
foregoing powers Not "A word. however. is said
= h9l
feTtslate upon tac manner III which fugitive
from labor shall be claimed No general nu{hori.
~ upon the subject OF slavery, or upon u subject
which draws this after IL incident. l. any
where given u Congress. or the General Govern.
ment. Nor Is there any where in the Constitu
ton power g;Yea TO Congress 10 cantFo! the
States i'll making any laws which may be ueccs.
sary 10 protect their citizens, whether white on
black, from unjust seizure. II Is true we have
agreed to make l1tr or regulation to 3iscIt4rre
any one held to labor in one State escaping into
oar otrn, from such Serrice. but We have no: =
greco |" give them up whether tho person claimed
as such fugitive owe service or not, In fact we
have tho power to demand thai sych cI,,.~,,p n,
prove his right 10 tho service of such f,r,, -,
Il is ofthe concessions made TO the south tina
The master shall have the right claim his stava
when he escapes within our State and tha,,rh :,
derogaton of the spirit OF Indiana's polltcaI i,
stItutions, which otherwise makes every human
being free, still we should promptly fulfil our con.
tract IN this particular. Having voluntarily Ell
tered into this agreement, we should not shrink
from It's tul performance. and while none wouid
more readily than myself Weld I'D to the pro
per Claimant the fugitive from labor vet am no,
inclined 10 give up entitled TO the protection
OF our State, until assured that he owes service
""n,n another jurisdiction. Nor am prepared
" Ie'shqnish the power TO Congress TO poin. gu
me manner IN which citizen of the Slate, NAV