The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1850-12-25

| the execution OF this law, Is guilty oi
misdemeanor; and IL death ensue, may
be guilty Of murder!
But | cannot drop the subject here.
With natural aversion TO the institution
OF slavery, and the evils that believe it
entails. on any people, ] should be false
to myself and false TO truth, ii did not
express the opinion, that the law is consis-
Itent with constitutional obligation between
the states.
4 The constitution provides, in the last
clause of the ed section Of the 4th act,
that "no person held to service or labor,
in one state, under the law thereof, escap-
ing into another, shall in consequences Of
any law or regulation therein, be dis
charged from such service or labor, but
shall be delivered up, on claim Of the par
ty to whom such service or labor may be
DUE"
1t is matter Of public history. that this
provision was inserted in the Constitution
of the United States, as the result Of a
compromise. and for the purpose Of ena-
bling the owners Of fugitive slaves TO re'
cover them, in the free States; and that
without it, no constitution could have been
formed. The provision, | believe, to be
binding upon the States, and upon the
people Of the States, and every public
functionary is under the solemn obliga-
lions of an oath to obey its mandates.
By means of this, Congress has the dis.
cretionary power to legislate, TO carry out
the design Of the provision. not infringing
on any other article or section in that in
strument; and this constitution, and the
laws OF Congress and treaties made in
pursuance of it, are declared to be the su.
preme law Of the land.
If the late act violates this instrument.
in what does such violation consist! Not
in establishing new or unusual rules OF
evidence, for when the constitution is 81
lent, they are within the legislative discre-
ton. Not in denying jury trial, for it
does not differ, in this respect, from the
law of 1898, which has remained for fifty
seven years in force, and been sustained,
both by State and national decision, with
but little, if any complaint.
i One of our most able elementary wri-
ters is Of the same opinion Judge Story,
in his commentaries on the constitution,
uses this language: ut is obvious, that
these provisions for the arrest and removal
of fugitiyes of both classes, ''from labor
and JUSTICE" contemplate summary min.
4 isterial proceedings, and not the ordinary
course Of judicial investigation. And in
the case of fugitive slaves, there would
seem to be the same necessity of requiring
only prima facie proofs Of ownership with
out putting the party to formal assertion
of his rights, by suit, at the common law
Judge Grier denies, in any case of extra
dition, that jury trial is warranted by the
constitution, or authorized by usage.
| think no case, of mere preliminary
examination, can be found, Of trial by ju-
ry, in any of the United States.
| The 9th article refers to final criminal
Judicial trial, to establish or acquit Of guilt
and the 7th, to civil trials, at common law
meaning final judicial trials.
i These are the only provisions in the
Constitution of the United States, on he
subject, and neither reaches any case o.
preliminary examin alton, and especially
where the proceedings are ministerial
rather than Judicial.
Is the law unconstitutional, because il
suspends the writ of Habeas Corpus? Sup.
lpose it is, what is the consequence more.
lily that the provision suspending the writ
would be void, and the writ issued, as in
other cases. am however, of the opinion
the language used does not suspend the
writ. 1t is no more than the language
which the law applies to every court Of ex.
elusive competent jurisdiction.
The writ is to discharge from illegal re.
straint--if the Imprisonment be legal, the
writ itself, is discharged.
These have been, so far as have OBJ.
served, the main objections to the consti
tutionality of the law, neither of which in
my opinion, is well taken.
Is it void because it opposes the law o.
God? Here will quote the language o.
one Of our most distinguished men, whose
great experience, and extensive acquire.
ments are his least commendation. In q
case lately ,ried before Judge Mclean in
the State of Indiana, this identical ques.
ton was presented, and he uses this Ian.
guage in his charge to the jury: "No
earthly power has right to interpose be.
tween mans conscience and his Maker
He has right--an inalienable right, to
worship God, according to the dictates o.
his own conscience. For this, he, alone
must answer, and he is entirely free from
Fall human restraint, to think and act for
himself But this is not the case when his
acts affect the rights Of others. Society
has claim upon all its citizens. General
rules have been adopted in the form o.
law for the protection Of the rights Of per.
sons and things.
"These laws lie at the foundation Of the
social compact, and their observance ises.
sential to the maintainance Of civilization
In these matters, the law, and not con.
science, constitutes the ft,le Of action"