Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1846-02-27

i+EHh anu ONpthiVlCNs
The South claiming the privilege to be
left free to act in relation to the peculiar in
s%tiiution of slavery, independent of any in
reference on the part OF Congress; and the
north, regarding slavery to be at war with the
natural rights of man, and unwise, impolite and
criminal, claimed 10 be entirely exempt from
the burden and odium of its support. Every
one who has rold the debates in the Conven-
ton that formed the Constitution, and those
in the States which afterwards adopted it,
viii acknowledge this 10 have been the un.
derstanding at the time.
Great as the concessions were in favor of
the south, yet we find she is not satisfied
Accustomed to the exercise of a spirit of
domination, and always on the alert to ex-
tend her power and fortify herself in her pos
sessions. we fad her 50 early as the 10th Of
Feb. 1888, encrolching on the rights OF the
free States, contrary TO, and in defiance Of
the letter and spirit of the common C0nstitu-
ton. 1t is the act of Congress of this date.
dictated By Shareholders, and passed by the
aid OF northern dolydja,eS, that we now seek
to render imperative in our free Stltes.
The latter clause Of the s7cond scction,ar-
ticle 4, Of the Constitution of the United
States, is that upon which the law Of Con-
Trrss, pissed Feb. II, 1913, is based, and is
~ 49, ~ y IN'5bl NlA ~
or labor in one State under the laws thereof,
escaping into another, shall in consequence
Of any law, OF regulation therein, he dis
charged from such service or labor, but shall
be delivered up on claim OF the party, to
wllom such service or labor may be due"
Now, sir, in what light are we TO regard
the character of the IegS9as here referred to?
Some able writer's and iuri5ts Of the present
day decay th!tthey CANDY 4 strict construction
OF the Constitution, mean slaves. ] shall not
stop to present the arguments upon which
this opinion is preIic-tcd, but viii admit that
slare3 are meant. Does it then necessarily
follow, that citizens Of the free states, or their
magistrates, sherilIs. constlbles, &C., may be
compelled by the n|rtionil government to aid
the slave clAi,nlnt in piUuItriaT a fellow
man Of his natural riIhtsl Certainly not;
under the construction which that clause has
received in the Judicial tribunals, it appears
that tho whole power Of Congress consists in
prohibiting the people of the free states from
Interfering to prevent the muster or hisagents
from a~rresting his fugitive slave. We mly
feed, and clothc, and lodge the slave know
ing him to be 4 fugitive, without making our
selves lilble to the Constitution or laws Of
the United Sites. We may also refuse to
feed, or 10 lodge the STAKEHOLDER, while in
| lHloAih " hiS ! an wv may spun llItll
from our presence, and incur neither moral
nor legal responsibility. Yet we may not
secrrto the slave from, nor defend him a.
| gainst his master.
The bill under consideration, therefore,
proposes no resistance to any Constitutions
provisions. 1t leaves the subject where the
Constitution leaves it, in The h2n|i # he INT
led States C0uris, and relieves the state Off
GERS Of the degrading and damoralizing SER
vice required of them by the law of 1884
service from the performance of which every
humane man shrinks with horror and disgust.
The power intended to be conferred upon
state magistrates by this law, is a judicial
power.
The proceedings under it, have all the
characteristics of Judicial proceedings. The
magistrate hears testimony. considers argu-
ments, and decides the case in issue between
the cortending parties. If the claimant eS-
tablishes his right to the services Of the fugi-
tive, the magistrate issues his certificate,
which has the nature Of an execution to carry
into effect his judgment.
Now, sir, in what article of the Constiiu-
ton, do you find any provision granting pow
er to Congress, to confer such jurisdiction
vain, and must, therefore, be allowed to de-
ny the existence of any such power.
But, sir, ! do find, in the first section Of
the third article Of that instrument, these
words: The Judicial power of the United
States, shall be vested in one Supreme Court
and such inferior courts as Congress shall
from time to time establish
Does the act of 1913 constitute the state
magistrate, an inferior court of the United
States! If not, he can have no jurisdiction
as a United States officer. That such officers
are not so constituted, must be clear. When
we reflect that the Constitution provides
article ID, section 2d,-that the President
shall, by aud with the consent of the Senate,
appoint all officers of the United States,
whose appointment is not otherwise provided
for, and which shall be established by law
Now, is it not sufficiently clear, without
multiplying words, that Congress has no more
power to confer jurisdiction on magistrates
: deriving their authority from the states, thar
they have to confer such power on courts il
, Canada, or any other country!
r Ii f~ugitives must be remanded, let it bt
done by organs Of the creation Of Congress
e under the constitution. Such organs do ex
t list, and are established in all of the States
: and the government can eiTectually perform
G its function through these, and 10 other.
Numerous reports of the decision of tn
Supreme Court of the United States, nigh
here be cited, to settle any doubts that ma,
rest upon the mind of any one, in ~referenc
S to this matter, all going to establish thi
view Just given, but this ! leave to lega
A. ANaannN