Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1846-11-13
JAMES BARNADY, Jr., General .Ggent.
From tie .7nti-Sidrery Standard.
G00DELL ON THE CONSTITUTION.

MI YIN assuring thC Eltll-AJluNtlO tllhiuN-
ter of the United States Constitution, to be
written by those of its members who have
enjoyed, to say the least, no previous reputa-
ton for ability or prominence on legal ques-
tions. We find nothing from Dirney, Sewall,
or Judge Jaw, on that side of the argument
ard they surely are the legal lights Of that
party. The professional standing of Mcssrs.
Jay and Sewall, would deservedly secure for
their opinions the highest considerations
Judge Jay is well known to have constantly
maintained the usual Interpretation of the
slave clause; and not able to deny the con-
stitutional obligation 10 return fugitive slaves,
intended, we believe, had such a case ever
come before him, to tear up his commission
and leave the Bench. Sewall, speaking on
the same point, has publicly declared that
'the history Of the formation of the Consti-
tuition, and a continued practice under ii, for
more than half a century can, iii legal point
oil view, leave no question as to the construc-
ton of this obnoxious clause '-Liberty Bell
for 1913, p. 2O6. As far as we have ever
heard, Mr.. Birney maintains the same opin-
ion.
We resume our examination of Mr.. Good
ell. The last half of his book is still more
diffusely written than the first. As we con-
fine ourselves to the main points of his argu-
ment, what we have still to say may be put
into a small space. Our present article will,
therefore, conclude our criticism, if these
slight remarks deserve so large a name.
The next clause of the Constitution, to
which Mr.. Goodell applies his principles of
%''strict construction is the fifth Article of
the Amendments. 1t reads as follows:
V. No person shall be held to answer for
a capital or otherwise infamous crime, unless
on a presentment or indictment by a grand
Jury, except in cases arising in the land or
naval forces, or in the militia when in actual
service in time Of war or public danger; nor
shall any person be subject for the same of
fence to be twice put in jeopardy Of life or
limb nor shall be compelled in any criminal
case to be a witness against himself, nor be
deprived Of life, liberty or property, Without
due process Of lar; nor shall private property
be taken for public use, without just compen-
sation.
The portion on which he specially insists,
we have printed in Italics. His argument is,
that the phrase ''due process Of lal0," means
''indictment by a Grand Jury, trial and con-
viction by a Petit Jury, and corresponding
Judgment of a court; that if a slave be a per-
son, as we have contended, and included in
the other clauses of the Constitution, where
that term is used, then he is included in this
clause. and he is not constitutionally depriv-
ed of his liberty, unless all these forms have
been complied with in his case.
Before replying to this argument, we will
remark in passing, that in order TO sustain it,
Mr.. Goodell is forced to allow the slave to be
a ''person,'' a point which, up to this page OF
his book, he has refused to concede.
1t is very evident from the whole tenor OF
this Article of the Amendments that it relates
generally. as Judge Story says, to trials, and
is meant to govern the conduct of courts OF
justice in relation to cases arising before them.
1t is a forced Interpretation, which applies il
as a test of laws regulating the relations and
condition of citizens.
In commenting upon this phrase, 'due pro-
cess of law" we state, in the first place, that
it does not necessarily imply "presentment
Indictment, trial, and a verdict" 1t includes
that form of proceeding, but includes also
many other forms beside; and it is to be con
sIued in each particular case, according Il
the subject matter to which it refers. This
Judge Story intimates in the extract Mr.
Goodell has made from his work, when he
says, "this clause in effect atfirms the RICH
of trial, according to the process ana proceed
ingS Of tho common Law."
Lord Coke, the only original authority tina
Mr.. Goodell quotes for his Interpretation
maintains the same doctrine, namely, that tn
phrase refers to trials and court action, an
includes other forms of proceeding beside tina
of jury trial. In the very passage which Nj
Goodell relies upon, and which he has quote
incorrectly, because he has quoted at secon
hand, both these points are clearly lntlmated
The correct reading Of the passage from Cox
is this. After explaining that per egem teri,
and ''due process of law" are synonymous
Coke adds, they mean that,
'No man be taken, imprisoned, or put on
of his freehold, without process of the Law
At g.. Iv fn1intp,nnf Nr nFacnNfatInD Of non
and lawful men, where such deeds be don
in due manner, or by Crit original Of The con
mon laac."-2 Inst. p. 80.
Pursuing his Commentary on this claus
of Magma Charta, (ftom which the Article
our Constitution is copied Coke uses I'll
language and illustrations which we subjoiI
showing how many varied forms OF proceed
ing he included under this place.
ssNo man be taken or imprisoned, but PIT
egem terra, that is, by The common lar, Sfatl
Lac, or custom Of England"
ssThe law of the land, (that is, to speak
once for ALL by due course and process
law"
"Now, here it is to be known, IN what c
ses a man by the law of the land may be
ken, arrested, attached, or Imprisoned, IN ca
of treason or felony, before presentment, l
dictment, &c., wherein 1t is to be understoo
that process of law is two-fold, viz by
Kings aOrit or by due proceeding and acarrG'
either in deed, or in ial0 without tUrit."
"a commitment by lawful warrant, eth
in dead or in law, is accounted in law, d
process Of proceeding Of lar, and By the lar
The land, as well as by process, by force
the Kings writ"
Sin many cases a man may be, by the Ia
of the land, taken and imprisoned by force
the Kings writ upon a suggestion made"