The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-18
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State policy and some o. the iunctloDs Of the Executive
as in my humble Judgment they ought 10 be performed
could wish that nothing remained but 10 take Inc oath
of Office and retire from this hail. Blu, cannot do 50.
consistently with public expectation without frank ex-
PRESTON Of my views on question now pending before
The people, which threatens the stability of the Union.
supremacy OF the laws and g disturb the good order
and quiet which have hitherto with very few exceptions
prevailed since the adoption OF the federal constitution
/ in 1890. ti5sH 4H Isl Fl gs8@
yades every rank and condition in lie, and unless al
lay ed. and other counsels prevail collisions between
government and people may produce civil war, OF which
no predict the consequences 10 the general or
State governments, TO freedom throughout the world
The question OF human slavery is, and has been,
subject OF dlscord IN the relations States bear
10 each other and to the general government, which Is
bound 10 protect the constitutional rights and interests Of
/ each. nv 5ss E tH tt
either the diffusion extension of slavery into any free
territory OF the United States by every legal and consu-
tional eans and would rejoice II any mode not doing
violence 10 others could be devised to overthrow and
eradicate the evil"
That Congress- having By the constitution authority 10
legislate for the District of Columbia in all what
sorver" may there abolish il, entertain doubt Con-
gress by the constitution the local legislature OF the
District, and all within the legitimate sphere Of
legislation embraced within the terms. in all cases
whatsoever" as used in that instrument Congress ap.
pears 10 possess the legislative power over
slavery within the ten miles square that may be exercised
jurisdictions; and that it has been considered 10 those
States proper subject Of legislation, their history fur
nishes the satisfactory evidence ~ts42 4sst.
have viewed the abolition of slavery in the District,
not only measure OF expedency but OF absolute natural
right to the coored race The South would doubtless
people, there absolute necessity OF adhering
the decisions OF constitutional majories within their e
gtmate spheres OF action.
But the abolition OF slavery in the District OF Colum.
ba and in the slave States, in my opinion, stand npon
different ground as to the power Of Congress over it.
The executive OF Vermont, in his late message 10 the
general assembly, inmates that Congress may abolish
slavery in the States where il now exists How lar the
opinion prevails, am not informed, but believe the
yhx,. ha
BY dissolution OF the Union. The South would then
be dryento 10 preserve their peculiar institution under
The entire South, and believe the entire North, would
look upon such action unwarranted usuipaon BY
Congress, for which there is authority expressed.
granted fairly to be implied, from the constitution OF
The excitement to which before referred appears to
have entirely grown out OF the passage, approval, and
partial execution in few instances OF what Is called the
fugitive-save law BY Congress.
Conventions have denounced as unconstitutional; the
clergy have declared in opposilionro the higher law Of
God and therefore void the slave and the citizen have
been advised dinvted TO and oppose the execution
OF this law to the shedding OF human blood and all this
done in the peaceabe and orderly State OF Ohio and
think il is the result OF mistaken Judgement II not,
and the law is actually void, they right, and could
justify the noble impulse which prompts interference be-
tween freedom and servitude in opposition 10 law,
whether white or black
But lei US for moment search after truth, and il we
and IL We We We
calculated TO weaken public confidence in the supremacy
OF our laws, and the wisdom and stability of nstu
lions
There is, think, no doubt that the Supreme Court Of
the United States will sustain every provision of this law
constitutional when the occasion shall arise One OF
Garrett
| The decisions Of this tribunal are absolutely con-
elusive on all Others on Questions growing out OF The
bunal, and It's opinion final There no appeal II am
right in this. wnosoever commits any overt act OF vio
lence against the execution OF this law is guilty OF
/ n m and.
murder! esEEts
| But cannot drop the subject here. WIKI natural
aversion the institution oil slavery, and the evils be
leve il entails any people, should be false TO myself
and false truth IL aid not express the opinion that The
law j. consistent with constitutional obligations between
The constitution provides in the last clause OF the Cd
| section oil the l4th article, that
"No persou held labor in State, under
gnence q any law or regulation therein 70 discharges
from such sercc % labor but shalt be- deliver red up on
d ds% q 'h' parry . ~n' '''' service 0o' "A' =
Iii matter OF public history that this clause was In
serted In the constitution oil the United States the
suit Of compromise and Tor the purpose OF enabling tn.
owner Of fugitive slaves 10 recover them in the free
States, and that without ], no constitution could have
4 been formed.
The provision believe to be binding on the States and
the people OF the States aud every public funconary
under the solemn obligations OF oath to obey its man
dates BY oil this Congress had the discretionary
power 10 egsate 20 carry out the design OF the provis
ion, not infringing any other article or section in that
instrument; ana Inc laws OF Ion
gress and treaties made in pursuance OF it, declared
i to be the supreme law OF the land.
II the late act violates this instrument, in what does
such violation EXIST Not 10 establishing unusual
rules OF evijence--for where the constitution is silent
they within the legislative discreon; not in deny
ing jury trsfor IL does not differ in this respect from
the law OF 1893, which has remained for fifty seven
years in force and been sanctioned both by State and
| national decision. with bet little il any complaint
One OF able elementary writers OF the
opinion. Judge Story, in his commentaries oathe cons
tuition, this language
alt obvious that provisions for the arrest
mova OF ugyes, Of both glasses, from labor and jus
tce, contemplate summary ministerial proceedings, and
fugitive slaves there would be the necessity Of
requiring only prna faeis proofs Of owner,hip without
putting the party 10 formal assertion OF his rights by su
AT the common law "
Judge Gtier denies, in any case OF exiradlon that
jury trial is warranted BY the constitution authorized
| by usage.
| thisk no case OF mere preliminary examination
can be found OF Trial BY jury IN any OF the United
| States.
The 9th article refer, to FINAL criminal Judicial trial
10 establish aequit OF guilt, and the 7h 10 civil trials
| al common law. meaning hna judicial trials.
These the only provisions in the constitution OF the
United States the subject and neither reaches any
case OF preliminary examination, and especially where
the proceedings ministerial rather than judicial.
Il the law unconstitutional because IL suspends the
writ OF h1beps corpus2 Suppose Is, what is the
sequence Merely that The provision suspending the
writ would be void, and the writ issue as in other
cases am, however Of the opinion tha: the language
used does not suspend the writ II is no more than the
language which the law applies TO every court OF exclu
sive competent jurisdiction.