Eastern times., 1850-11-28


to point out the provision. | invite inquiry
the trulh-to repel error aud prejudices-an
to avoid violence and boodshed. Will any
gentleman point out the provision in the old
law for the protection OF the free man that is
no; secured to him in the new one?
la gentleman present arose and called The
auention OF MIR. Douglas 10 the provision for
paying out oi the treasury of The U. States
:ne expenses OF conveying The fugitive back,
III case OF anticipated resistance
an Sa'" Mr.. u; that is question of dol
ia's anu cents, Involving no other nrjncipIe
| than COSTS OF the proceeding. Iuas d;scnss.
| ing the question OF human righls-,be mode
OF protecting the rights of free men from ;n-
vason. and The obligation Of surrenderinc Fl.
gitives under the constitution. Is il possible
that this momentous question, which only for.
~ eight hours ago was dcemed of importance
enough to justify the city council 10 nulIify
an act OF Congress, and raise the standard Of
rebellion against the federal government. and
which was supposed TO create the necess,y
OF report and resolutions, by COMMITTEES
OF distinguished men in this hail last night,
calling upon all good citizens TO resist this
law, in obedience TO the higher law Of God,
by violence even, the dungeon and the
grave--has dwindled down into a mere pet
" dispute who shall pay the cost Of suit? I
confess my utter inability Oh this occasion to
discuss That mementous question: Yesterday
the constitution of the ocean bound republic
had been overIhrown, the privileges Of the
writ of ha6eas corpus had been suspended the
right oftrlal by jury had been abolished. pains
and penalties had been imposed on eyery hu-
name citizen who should feed the hungry
aud clothe The naked, the law of God had
been outraged by an infamous act of trait
orous Congress, and the standa rd Of rebellion
rui>ed by our city fathers was floating in the
breeze, calling upon all good citizens TO rnl-
y under lis sacred folds. and resist with fire
and sword-whal? The payment of The costs
oil SUIT upon the arrest of fugitive irom la
| boy.
| Is there any other objection TO lhis law
;liai any gentleman would Ike TO have ex-
| planned! hope no one will be back yard in
propoundlng enquiries; for have but few
days 10 Tenialu with you, and desire to make
Il clean business Of thIs matter on this occa-
| sion.
| gentleman rose ard desired 10 know
why the bill provided for paying ten dollars
/ 10 The commissioner for bis fees in case he
decided in favor of the claimant, and only
! five dollars If lie decided against lliml
! presume (said Mr.. Donglas) the reason
form. Ii. after hearing the testimony, he de-
cided i'll favor oil the claimant, The law made
II his duty to prepare and authenticate the
necessary papers TO authorize the claimant 20
carry Tie fugitive home; but if he derided
against him, he had no such labor TO perform.
/ The law seems 10 be based upon the princi-
1 pie that the commissioner should he paid ac-
cordiug 10 the service lie should render
4 five dollars Tor presiding al the rial and five
dollars for making OUT the papers, in ca Sc the
testimony should require hun 10 return tls
| fugitive. THIS provision seems TO be excit-
ing considerable attention in the country:
aud have been exceedingly gratitied at he
proceedings OF a mass meeting held not far
distant, III whIeh II was resolved Unanimous
ly that tlicy could not be bribed for five dol
lars to cousign free 10 perpetual bon
dase. This Shows an exalted state of moral
feelings, highly credIrdbe to those who par
Ilcipaled III The meeting. But il might be
well for them, under the same high moral
sense, 10 instruct their representative 10 the
legislature To reform our criminal code in
tbs resre,r.
Under our laws as they have stood for the
IL years have been a citizen oil the state, in
all criminal cases Oh the preliminary exam
nation before tie agIsIruIes and in uH the
higher courts. il the prisoner be convicted,
the witnesses ans! Jurors and ali tie officers
are entitled 10 thcr lees and bills oi cost; but
If he be acquitted, aunc OF Them receive cent
In order tO dtiu>e tie same high moral sense
throughout The whole community, would il
not be well at then next meeting 10 pass an
other resolution, that they would not be
bilLed hy tie fees ahI COSTS OF suit in any
case, either as Witnesses, jurors, magistrates,
or IN any other capacity, 10 consign an limos
ger In Ms
or expose him 10 an iynonuious death upon
the gallows? Such resolution might do a
great deal ot good IN denotiug the character
ot our cIiIzens abroad, al The same lime that
itwOuld INSPIRE implicit confidence in the
liherdhtv, GisinlerrsIednesS, aud Conscieu-
tiousness oi those who adopted 1t.
Is there any other objection 10 this law?
| gentleman rose and called Tie attention
OF Mr.. Douglass 10 the provision vesting the
appointment OF c commissioners under it in
the courts Of law, instead oi the president and
senate, and asked II that was not violation
Ol that provision OF the constitution which
says that Judges of the supreme court and of
Tie inferior courts should be appointed by
the president and scnate?l
thank The gentleman (said Mr.. d. for
calling my attention 10 this point. 1t was
made III the speech Of Il distinguished law
yer last night, and evidently produced great
etiec! upon tie minds Of The audience. The
gentlenlau's high professional standing, TAX
en in connexions with his aborlous prepara-
ton for the OCCASION, was apparent 10 all
from his lengthy, written brief before him,
while speaking, inspired implicit confidence
in the correctness oi his position.
My answer 10 the objection will be found
in the constitution itself, which will read:
The president shall nominate, and by and
i. with the consent ut the senate shall appoint,
ambassadors, other public ministers and con-
, sul> judges oil the supreme court, and all 9TH
er officers of the United States where ap-
pontnlents are not herein otherwise provi-
ded for, aud which shall be established by
law
Now it will be seen that the words 'inferi
or courts are not mentioned 10 the conslitu-
uOn. The gentleman IN his zeal against the
law and his frenzy 10 resist II, interpolated
these words, and then made plausible ar
gument upon them | trust this was all un-
Intentional, or was done with the view OF full
, filing the higher Jaw But there is anoth-
er sentence III TINS same clause oil the constl-
tution which have not yet read. Ii is as
follows:
J But tile congress may by law vest the ap-
pointmeut Of such inferior officers as they
!. tltInk proper IN the President alone, in the
I cou. Is of Law, or in the heads of depart
! nents.
Nh,t is meant hy sinfcTior officers whose