Eastern times., 1850-11-28


minister the hemlock! | acquit the council
OF any design of introducing that custom into
onr hospitable city. But | have done with
this subject, SO far as it has personal appli-
cation.
1t is a far more important and serious mat
ter when viewed with reference to the princi-
pies involved, and the consequences which may
result. The common council of the city of
Chicago have assumed to themselves the right
and actually exercised the power of determin-
ing the validity and constitutionality of an act
OF congress, and have declared it void, upon
the ground that it violates The constitution of
the United States. They have gone further:
they have declared by a solemn official act
that an act of the American congress Fought
not to be respected by an intelligent commu-
nity," and have called upon the police of the
city to abstain from rendering any aid or as
sistance in its execution! What is this but
naked, unmiligated notification? An acI of
congress nulIified by the city council of Chi
cago! Whence did the council derive their
authority? | have been able to find no such
provision in the city charter, nor am aware
that the legislature of Illinois is vestc d with
any rIChtiu power 10 confer such authority.
have yet To learn that Il subordinate munl-
standard OF rebellion, and throw off the au-
thorIry Of The federal government at pleas
ure This is a wonderful Improvement on
South Carolina notification. Ii dispenses
with the trouble, delay and expense of cons
vening legislatures, and assembling conven-
tons of the people, for the purpose of resol-
wing themselves back into their original ele.
men,s, preparatory TO the cOnte:np plated rev.
olu.ion. Ii has the high merit of marching
directly to its object, ard by simple resou-
ton, written and adopted on the same night,
relieving a people from their oath aud ale-
glance, and of putting the nation and its
laws at defiance 1t has heretofore been
supposed, by men ofantiquated notions, who
have not kept up with the progress of the
aye, that the supreme Judicial court of the
United States was invested with the power
of DISCRIMINATING The validity of an act of
congress passed in pursuance OF the forms
of the constitution. This was the doctrine
of the entire north, and of the whole Union.
when 1t became necessary TO exert the whole
power of the government TO put down South
Carolina notification. But the spirit of the
age is progressive, and is by no means con-
fined 10 advancement in the arts and pliysi.
cal sciences. The science of politics and
2overnlneni is rapidly advancing 10 maturity
and perfection. 1t is not long since that
heard d jStingu shed LAWYER of this city pro-
pose an important reform IN the admirable
judicial system of The state, which he thought
would render it perfect. 1t was SO simple
and eminenily practicable thar it could not
fail to excite the admiration of even the cas-
ual inquirer. HIS proposition was, that our
judicial system should he so improved as 10
oil Al
tons from the supreme court of this state 10
TWO justices of the peace. When that shall
have been effected, but one other reform vii!
be necessary to render our national system
perfect and that IS. to change the federal
constiulio so as To authorize an appeal, on
all questions touching the validity OF all acts
of congress, from the supreme court of the
u. States to the common council of the city
of Chicago.
So much for the general principles invol-
we'd in The acts of the council
will now examine briefly the specific
grounds of objection urged by the council
against the fugitive slave bill as reasons why
it should not be obeyed.
The objections are TWO in number:
First, That it suspcnds the writ of hobens
corpus in time Of peace, i'll violation of the
constitution.
Secondly, that ii abnshes the right of tri-
al by jury.
How the courcil obtained the information
that these Two odious provisions are contain
ed in the law, am unable to divine. One
hing is certain, that the members of The
council who voted for these resolutions had
never read the law, or rEey would have dis
covered their mistake. There is not one
word in the law, in respect TO the writ OF
hdJeaS corpus or The right OF trial by jury
Neither of these subjects are mentioned or
referred TO. The law is entirely silent on
these points. Is it to be said that an act OF
congress, which is silent upon the subject,
ought TO be construed to repeal great con
stitutional right by application Besides
this act is amendato atory-amendatory only OF
the old Iaw-the act of I793--but does not
repeal il. The terms of the two laws in This
respect are precisely The same. Both are 81
lent in respect 10 the writ of habeas corpus and
the fight of trial by jury. If to be silent is tc
suspend the one and abolish the other, ther
the mischief was done ty the old law, fifty
seven years ago. Ifthis construction be true
then the writ of habeds corpus was suspended
or abolished for fifty seven years, withou
anybody ever discovering the fact, or, i
knowing it, without making Il murmur o
complaint.
Mr.. ID. then read the whole of the act 0
1893. We copy that part which relates tt
fugitive slaves
SEC. 3. That when person held 10 labo
in any of the United States, or i'll any of the
Territories on the northwest or south of th'
river Ohio. under the laws thereof, shall escap,
into any other of the said States or Territories
the person to whom such labor or service ma,
be due, his agent or attorney, Is hereby em
powered to seize or arrest such fugitive iron
labor, and to take him or her before any judge
of the circuit or district courts of. the Unite,
States residing or being within the State, o
before any magistrate of a county, city, o
town corporate, wherein such seizure or arres
shall be made and upon proof TO the satisfac
ton of such Judge or magistrate, either by ora
testimony and affidavit, taken before and cert
fed by magistrate of any such State or Ter
ritury, that the person so seized or arrested
doth, under the laws of the State or Territor
from which he or she fled, owe service or la
hor TO the person claiming him or her, it shal
be the duty of such jndge or magistrate to Civ,
a certificate thereof to such claimant, his agen
or attorney, which shall be sufficient warran
for removing the said fugitive from labor +
the State or Territory from whence he or sh
fled
"a. That any person who shall knowingl
and willingly obstruct or hinder such claimant
his agent or attorny, in so seizlng or ar-estin!
such fugitive from labor, or shall rescue sue
fugitive from such claimant, his agent or attor
: ney, when so arrested, pursuant to the author
lty herein given or declared, or shall harbor O
conceal such person. after notice that he or sh