Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1850-12-16

tion in that instrument and ths co.stitution and
the laws OF Congress. aid trsatiss made in pAr.
s9anca oi ~ are declared to b. the supreme lsk
If the late act violates this instrument in VIA.
does such violation exist Not in estsblishinp
new nor unssuai rules Of evidence. for where the
Constiteson Is silent, they are within fhe lesis-
lative discretion Not in denying : in-v trisj-
fer it does not differ in this respect frss The Law
ofi79s, winch has remained for ffty seven years
national decision, with but little, if any osmn,.;n.
S One Of our most able elementary writer's j, AZ
thf same opinion. Judge Story in his Commsn.
taries onthe Constitution uses this lanpuaee.-
ut il obvious that these provioions for the arrest
and removal Of fugitives Of both classel from
labor and justice contemplate summary minis
tsriai proceedings, and not the ordinary judicial
Investigations And in the case Of fugitive sls=e.
there would seem to be the same necessity Of re-.
quiring only prima faoia proofs of ownSrship,
without putting the party to formal hsssrtisn
Of his rights, by suit at the common aiaW,--
Judge Greer denies in any case Of extradition
that ajury trial is warranted BY the Constitg.
tion or authorized by usage. - So
think no Case of mere preliminary sxami.
nation can bs found, Of trial BY jury, in any Of
The 9Th article refers 0 Snal criminal Judi
clai trial, to establish or cquit Of guilt and the
| 7th to civi! trials. at com mon law, meaning f.
nal judicial trials. tsssl - =.
| These are the only provisions in the Consti.
tuition of the United States on the subject, and
neither reaches any case of preliminary exasni.
nation, and especially whore the Proceeding, are
ministerial rather than judicial, s7y -.
Is the law unconstitutional because il suspsnds
the writ of Habeas Corpusl Suppose it Is, what il
the consequence Merely that the provi6ionz
:uspending ths writ would be- vsid, and the writ:
issue as in other cases: lam, however, Of the o.
pinion, the language used does not suspend ths
writ. 1t is no more than the language which
the Jaw applies to every court Of exclusive COM
The writ is to discharge from Illegal restrain,
If the imprisonment be legal, the writ itself T.
discharged. These have been, so far rs have
observed the main objections to the consultation.
ality Of the law, neither Of which in my opinion,
is well taken - siHfT rs4 - - :,
Is i. void because it opposes the law Of
Ged2 Here will quote the languags eof
one Of our most distinguished men, whose
great experience and extensive acquire.
ments, are his best commentator. In q
case lately tried before Judge Mclean in
tho State Of Indiana, this identical question
+ was presented, and he uses this identical
language in his charge TO the Jury. soE
"No earthly power has a right 10 inter.
4 pose between mans conscience and his
Maker. He has right, and an inaliena.
BILE right 10 worship God according to the
dictates of his own conscience. For this,
he alone must answer, and he 10 entirely
free from all huninn restraint, to think
and nc, for himself. But this is not the
case when his ac;s affect theiights ofoth-
ers. Scc.eiy has claim upon all i,s Cit
izeRs. General rules have been adopted
IN The form Of law for the protection Of tho
rgl /, Of persons and things. these laws
lie at the foundation Of the social compacS
and their observance is essential 10 the
maintainauce ofcivilization. In those rnn.-
'ers the law. and not conscience, cons,isu-
tes the rule Of action" I.
| think the view thus expressed, is unan.
swernble, and the resul, therefore, 10 wbieh
| | have arrived, in my own mind, is,. .hsi
the law is binding and obligatory, aad
should }vise eagains. its opposition By any
act Of violeBce.gsssel zss -, .ka.3s!,, -.
By this-law, Tho slave is deprived of. no
right. which he enjoy ed .bsiore aLesr the
law Of l78a, or under the C"ns.ilution OF
the United States, as explained By ths jsu-
prone National tribunal, in lhe case OF
prigg vs., the Commonwealth or Psnhsyl-
'vania. ..s s... a.. e 80 *s;t
. |, was ,hsrs held that, although Con-
, gress might legisla,e, legislation Was as..
necessary for The cnp,urs Of fugitive slave, !;
that The Constitution. az xsculed .iselE ard
, the owner might seize and rstura them,
where fund, in any other State; BY virtue
Of its authority, sloae, p 3 ''7fff
\ lmust not, by any mems, be under.
stood, however, as attempting 10 defend the
propriety and expediency Of this law. J.
: is unacceptable TO very largo msjorty OF
, the people Of the North.
Public disapprobation will continue 70
hampsr its execution, and agltale il, re-.
peal, it is, in my opinion, inexpedionl.--
The old law Of 1893, wos infinitely be,tsr
for the security of the master; for excep.
tionable as it wns, in some Of IT'S TEXTURES,
lodg and general acquiescence had given
il moral force which this can never attain.
A law that makes exParte evidence con-
elusive Of the masters right to recapturs
and return his slave, that denies a jury tri.
!. u neJ0 jot actSeSCHsSeS buut pTObh6b IOE
the appointment Of swarEs OF petty officers
to execute it; that gives double compsn.
saiion 10 find every claim set up IN favor
ofthe master, and pays the expenses in
any case, from the public treasury, can
never receive the voluntary cooperation
Of our people. 80. % '7.-sF
4 But with all these objections 10 the pro-
prieiy Of the law rioienes is not 10, b.
!, Thought Of for moment. sss, s,
There is q constitutional and legal rem
edy "a remedy that will net overthros
that stately sdifce offreedom, erected BY
our ancestors on the ruins Of Colonial op.
preston and dependence, and which has,
hitherto, been protected BY the msjesly and
supremacy Of law. las s.eag. a..Iav
That remedy is anne ndmsnt or rspsal;
and oven if tina. fails the Union of these
States is still worth preserving; and the
law, however odious, should be submitted
to, as both q aciyil and christian duty.