The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-11-09

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community, and have called upon the police Of
the city 10 abstain from rendering anv aid OF as
sistance in its execution! What is this, but max
ed, unmittigated nulifcationi An act Of Con
gress nulifed by the Common Council Of the city
of Chcagul Whence did the Council derive
their authortyl ] have been able 10 find no
such provision IN the city charter, nor am | u
ware that the Legislature Of Illinois, is vested
with any righ,iul power to confer such authority
have vet 10 learn TINT subordinate municipal
corporation Is licensed to raise the standard Of re-
belion and throw off the authority of the Fcde
raj Government at pleasure, This is wonder
ful improvement upon South Carolnan nullitica-
ton. 1t dispenses with trouble delay, and ex-
pense OF consening legislatures and assembling
conventions of the people, for the purpose Of re
solving themselves back into their original ele
ments preparato to the contemplated revolution.
IL has the high merit Of marching directly to its
object, and by simple resolution. written and
adopted on the same night, relieving the people
from their oath and allegiance, and Of putting the
nation and Its laws at deiiancel 1t has therefore
been supposed by men Of antquated notions who
have Eot kept up with the progress &c the age,
that the Supreme Court Of the United States was
invested with the power Of determining the valid,
ity Of an act Of Congress passed in Pursuance Of
trne of the entire north, ard OF the whole Union,
when 1t became necessary to excr, the whole pow
er OF the government to put down South Carroll
M notification. But the spirit Of the aye is pro-
gresslve, and is by no means confined 10 advance
ment III the arts and physical scisnces. The sci
ence Oi politics and government is also rapidly
advancing to maturity and perfection. 1t Is not
long since, that l heard di, i,t,nsushed lawyer of
tins city, propose an important reform in the ad-
mirabe judicial system Of the state, which he
thought would render it perfect. It was so sim
pie and emlncntiy practicable, that it could not
tul to excite the admiration Of even the casual in.
qulrcr His proposition was that our judicial sys
TEN should be so improved Us to allow an appeal
on all constitutional questions from the Supreme
Court of this state, to Justices of the Peace
when that shall have been effected but one 9th
er reform will be necessary to render our nation
al system perfect and that i, to change the Fede-
raj Constitution so as to authorize an appeal on
all questions touching the validity Of all acts of
Congress, from the Supreme Court of the United
States to the Common Council of the CITY Of Chi.
cago!
So much for the general principles involved in
the acts OF the Council.
will now examine briefly. the specific
grounds Of objection urged by the Council against
.
not be obeyed
The objections are . in number
Flrst-Ihat it suspcnIs the writ Of Ilabcas
Corpus in time of Peace, in violation Of the Con.
stitution
SecoEily-1hat it abolshes the right of Trial
by Jury.
How the Council obtained the information that
these udious provisions were contained in that
law, | am unable to divine. One thing s Ger.
tam, that the members Gf the Council who voted
lor these resolutions, had never read the law, ur
they would have discovered their mistake. There
Is mot one word IN the law in respect TO the writ
OF liaheaS Corpus, OF the right oil Trial by jury
Neither Of these subjects are mentioned or REFER
ed tn, The law j. entirely silent on these points.
j 1t To be said that an act of Congress which Is
silent upon the subject, ought 10 be construed TO
repeal great constitutional r.; -ht by irnr,ratinn
Besides, this act is NEUTRALITY-SUSPICIOUS. ON
ly oi the old law-the act of lI93,-but does not
repeal IT, The terms Of the . laws in this res
pcct are precisely the same Both are silent in
respect to the wri, Of Haboas Corpus. and the
right of Trial by Jury If to be silent is to sus
pend the one aud abolish the other then the mis-
chief was done by the old law 81 years ago If
tins construction be true, then the wit of Habeas
Corpus was suspended or abolished for o wears
without any body ever discovering the fact. or if
SHOWING 1t, without making n murmur or com
plant
Mr. Douglas then read the whole of the act of
W. We copy that part which relates to Fugitive
Slaves;
3. That whom person held to labor in any
oi The United States or in anv OF the territories
on the northwest or south of the river Ohio un.
der the laws thereof shall escape into any other
oi The sal states or territory the person to whom
such labor or service may be due, his agent. or
attorney, Is hereby empowered to seze or arrest
such fugitive from labor, and to take him or her
before any Judge of the circuit or district courts
OF the United States residing or being within the
state, or before any magistrate Of county. city
ortown corporate, wherein such seizure or arrest
shall be made, and upon proof to he satisfaction
OF such Judge or magistrate, either by oral ,csti.
mony or affidavit, taken before aud certified by u
magistrate OF any such state or territory, that the
person 50 seized or arrested doth, under thc law,
"t the state or territory from which he or she
lied, owe service q. labor to the person claiming
HIM or her, it shall be the duty of such iudse or
magistrate to give n certificate thereof to such
claimant, his agent, or attorney, which shall be suf
tclcnt warrant for removing the said furtiy,
from labor, to the state or territory from which
he or she fled
81. That any person who shall knowingly
ana willingly obs,ruct or hinder suc!i claimant
ms agent, or attorney in so scizing or arrrsliny
such fugitive from lahor or Shall rescue such fu
siliVe from such claimant his agent, or attorney,
when so arrested, pursuant To the authority here.
III gwen or declared; or shall harbor or conceal
such person, after notice that he or she was fu
s'uve from labor, as aforesaid shall for either of
the SAID offences, forfeit and pay the sum of $500
which penalty may be recovered Nv md for the
benefit ofsuch claimant by action Of debt, in any
conrt proper to try the same: saving. moreover
to the person claiming such labor or service, his
right OF action for or on account OF, the said nur.
les, or either of them. lAPprored FsJraary l2,
1881
The charge in reference to the Habcas Corpus
and Trial 10y Jury is untrue, whatever construc.
ton you give to the new law Ito be silent was
to repeal, then it was done by The old law and
not 10y the amendment or new law AS i. is called .
II 1t does not suspend or abolish either there is no
cause for complaint But maintain that the
writ of liabeas Corpus is applicable to the case
OF the arrest Of fustive under thi. law, in the
same sense in which the Constitution intended to
confer it, md to tho fullest extent for which tina,
writ ia ever righ,fully issued IN any case. In this
| am fully sustained by the onui,p az Mr. Crit