Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1850-12-19

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from sach service OF labor, but shall
,bs delivered up, on claim Of the par.
~ to whom such ssryice or labor
may be due" sw ff~ ~
.iIt 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 enabling the own
ers Of fugitive slaves TO recover them,
in the free states; and that, without
il, no constitution could have been
formed. The provision, ] believe to
Be binding upon the state, and upon
the peopIe OF the states, and every
public fnnctionary isAunder the SOL
emn obligations Of an oath TO obey
lis mandates. By means OF this,
Congress had the discretionary pow
ser to iegislate, 10 carry out the de-
sign Of the provision, not infringing
on any other article or section in
that instrument; and this constitu-
ton, and the laws Of Congress and
treaties made in pursuance ofit, are
declared to be the supreme law of
the land.
II tAe late act violates this instru-
ment, in what does such violation
consist Not in establishing new
nor unusual rules of evidence, for
when the constitution is silent, they
are within the legislative discretion.
Moi 10 denying a jury trial, for it
does not differ, in this respect from
-the law of 1898, which has remain
ed for ffty-seven years in force, and
been sustained, both by state and
national decision, with but little, if
any, complaint.
One OF our most able elementary
writers is of the same opinion
Judge Story, in his commentaries on
the Constitution, uses this language:
ssIt Is obvious that these provisions
for the arrest and remova! OF fugi-
lives of both classes, "from labor and
Justice" contemplate summary, min
isterial proceedings, and not the ordi-
nary course ofjudicial investigation.
And in the case OF fugitive slaves
there would seem TO be the same nee
essity of requiring only prima facie
proofs Of ownership, without putting
the party to formal assertion Of his
rights, by suit at the common law"
Judge Grier denies, in any case Of
extradition, that jury trial is war
rented by the Constitution, orthor-
lied by usage.
/ think no cause, OF mere prelim-
mary examination, can he found, oil
tryal by jury. in any Of the United
States.
The 9th article refers 10 a final
criminal judicial trial, TO establish or
acquit of guilt, and the 7th to civil
trials, at common law. meaning final
judicial trials.
} These are the only provisions in
the Constitution of the United States
on the subject, and neither reaches
any case of preliminary examination.
and especially where the proceedings
are ministerial, rather than Judicial.
Is the law unconstitutional be.
cause it suspends the writ of Ha-
beas Corpusl Suppose it is. what is
the consequence Merely that the
provision suspending the writ would
be void, and the writ issue, as in 9TH
or eases. | 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 exclusive compa-
tent jurisdiction.
The writ is to discharge from ille-
gal restraint; If the imprisonment be
legal, the writ itself is discharged.
These have been, so far as | have
observed, the main objections to the
constitionality Of the law, neither OF
which, in my opinion, is well taken.
Is it void because il opposes the
law OF Godl Here will quote the
language Of one Of our most distin-
guishsd men, whose great experience
and extensive requirements are his
least commendation. In case late
ly tried before Judge Mclean in the
State of Indians, this identical ques-
tion was presented, and he uses this
language in his charge 10 the jury.
aNo earthly power has right TO
interpose between a mans con-
science and his Mixer. He has a
right, an inalienable right to wor-
ship God according TO the dictates Of
bis own conscience. For this he
alone must answer, and he is entire
ly free from all human restraint to
think and act for himself. But this
is not the case when his acts affect
the rights Of others. Society has a
claim opon all its citizens. General
rules have been adopted iE the form
Of law for the protection of the rights
Of persons and things. These laws
lie at the foundation of the social
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