The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1850-12-23

But ! cannot drop the subject here. -
With natural aversion to the institution
of slavery, and that theevils that | believe
it entails, on any people. / should be
false to myself and false to truth, if did
not express the opinion, that the law is
consistent with Constitutional obligation,
between the states
The constitution provides, in the last
clause Of the ed section of the 4th act,
that emo person held to service or labor,
in one state, under the law thereof, ,esca-
ping it to another, shall in consequence Of
any law or regulation therein, be dischar-
ged from such service or labor, but shall
be delivered up, on claim Of the party to
whom such labor may be duel. sss
It's matter of public history, that this
provision was inserted in the Constitution
of the United States, as the result of
compromise, and for the purpose of ena-
bling the oBsasFs Of fugitive slaves to rel
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, andupon the peo-
pie of the States, and every public func-
tionary is under the solemn obligations of
an oath to obey its mandatet. By means
os this, Congress had the discretionary
power, to legislate, to carry out the de-
sign of the provision, not infringing on
any other article or section in that instru-
ment, and this constitution, and the laws
of Congress and treatise made in pursu-
ance of it, are declared to be the supreme
law of the land.
If the late act violates this instrument in
what does such violation consistf Not in es-
tablishing new or unusual rules of evidence, for
when the constitution is silent, they are within
the Legislative discretion. Not in denying a
jury trial for it does not differ, in this respect,
from the law of 1893, which has remained for
fifty-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 COM
mentaries ON the constitution uses this Ian
guage; at is obvious, that these provisions
for the arrest and removal of fugitives of both
classes, "from labor and justice, ,"-contempla
summary ministerial 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 pri-
ma face 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 a jury trial is
warranted by the constitution, Or authorized by
usage,
/ think no case, of mere preliminary exam
ination, can be found, of trial by jury, in any
Of the United States.
The 9th article refers to final criminal iu.
dicia 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 Consti
| tuition of the United States, on the subject and
neither reaches any case of preliminary exami
nation, and especially where the proceeding:
are ministerial, rather than judicial
| Is the law unconstitutional, because it sus.
pends the writ of Habeas Corpus? Suppose il
is, what is the consequence? merely that the
provision suspending the writ, would be void
and the writ issued, as in other cases. an
however, of the opinion that the language uset
does not suspend the writ. 1t is no more thar
the language which the law applies to every
court of exclusive competent jurisdiction.
The writ is to discharge from illegal restrain
If the Imprisonment be legal, the writ itsel
is discharged.
These have been, so far as l have observed
the main objections to the constitutionality o
the law, neither Of which in my opinion, is wei
taken.
Is It void because it opposes the law of God
Here will quote the language of one of GU
most distinguished men, whose great expert
ence, and extensive requirements are his leas
commendation. In case lately tried befor
Judge Mclean, in the State of Indiana, thi
identical question was presented, and he use
this language in his charge to the jury: "N
earthly power has right to interpose betwee
a mans conscience and his maker. He has
right--an inalienable right, to worship God AZ
eording to the dictates of his own conscienc,
For this, he alone must answer, and he is Ell
tirely free from all human restraint, to thin
, and act for himself. But this is not the cas-
when his acts affect the rights of others. Soc
ETY. has a claim upon all its citizens. Gener;
: rules have been adopted in the form Of law fC
} the protection of the rights Of persons au
+ things.
"These laws lie at the foundation Of the 8,
q cial compact, and their observance is essentiI
to the maintainance of civilization. In thei
4 matters, the law, and not conscience, const
4 tutes the rule of actien"
: | think the view, thus expressed, is unal
: swerable, and the result, therefore, to which
! have arrived, in my own mind, is, that the La
! is binding and obligatory, and should advii
against its opposition by any act of violence.
: By this law, the slave is deprived Of no rigl
6 which he enjoyed before, under the law of l7y
or under the Constitution Of the United State
: as explained by the Supreme National tribun
i in the case of Prigg VS.. the Commonwealth
Pennsylvania
1t was there held, that, although Congre
, might legislate, legislation was unnecessary
q the capture of fugitive slaves; that the Cons
tuition executed itself, and the owner mig
n seize and return them, when found, in any OF
4 er State, by virtue of its authority alone.
/ must not, by any means, be understoo
9 however, as attempting to defend the proprie
IS and expediency Of this law 1t is unacceptab
I'll to very large majority Of the people Of I
! North. 1aHl wv t'l1 ~
. Public disapprobation will continue to hal
y per its execution, and agitate its repeal. 1t
Ie In nv opinion, inexpedient. The old law
J. 1893, was infinitely better for the security
; the master; for, exceptionable as it was,
, some of its features, a long and general acq,
~ escence had given it moral force, which 4
ID never attain. ao7
etl A law that makes exparte evidence conc
n sive Of the masters right to recapture and
. = turn his slave; that denies jury trial here
Us elsewhere, that provides for the appointment
gel swams Of petty officers to execute it; that gi'
8. q double compensation to find every claim
lup in favor Of the master, and pays the exp