Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-06-14

il .ny eur noredipss between the parties, and the
certificate would be admissible IN evidence Nene
party would be precluded from immediately con'esng ne
same question in any other proceeding u for example,
sut r assault and battery and false Imprisonment were
broueh in the Circuit Court against the CLAIMANT LOT inc
original arrest without warrant and the &c,
was hSthe plaintiff was fugitive from lapor ana were ms
question thus directly in issue the cencae couu NOT even
he in evidence any than the opinion OF any other
person. .I !: ~.
two cases of usives from labor and fugives from usce
are different that in the latter the executive mas only 70 Hnu
that the party is charged and has fed whereas the commits
oner has to find that the party actually owed service
and has fed But it is not the nature or importance OF
the facts to be ascesned that makes the inquiry judicial
but that judicial judgment may be pronounced. suppose
the law had required only that the certificate should state that
the fugitive was alleged charged to service would
that have changed the legal character of the inquiry
would have made the law objectionable but not have
rendered the proceeding less summary Suppose that
treaty. instead Of saying that person charged, should say
that person guilty of crime in foreign country should be
delivered up In such the President must be satisfied Of
the party guilt but hereupon his action in making the sur
render and the consequences that follow would be precisely
the same as they now when he has asceraned that the
person charged So if the law rsqsre examining ma
gsrate be satisfied that the accused is guilty before he
issues his for his commitment In neither would
the guilt be udoac, but open to ccnestalon in any -
ture inquiry.
is said that in criminal the person may be arrested
and confined without judicial trial. because by the social
compact every has agreed that il suspected of crime he
may be dealt with In the FIRST place the socia compact
Is theory In the second place supposes an agree
ment 10 abide by all laws which society may make, civil
we'll criminal, besides which, running away from labor
might be made a crime. ..a
The remark made in the opinion delivered in Pgg the
Commonwealth of Pennsylvania Is Peters, that claim for
fugitive from labor within the judicial power
ober dctum and be reconcled with what was
deliberately decided in the case only BY suPposng that
the judge who delivered the opinion intended that Congress
hs and
for its being tried BY court that they must do
Let next consider what is the force Of the contemporaries
construction Of the Constitution. Here must remem-
Der that in constituting the fundamental well any other
law the sole inquiry what the intention Of those who
established it, The real intention of the people who adopted
the Constitution is to be ascesined If in sixty years lam
guage has been detected acquired shades OF meanings
still our inquiry is what the sense in which 1t was origi-
nay used How did those who adopted the Constitution
understand its language and provisions
Had the Congress who passed the act of 1898 the Of
knowing the views and intentions Of those who adopted the
Constitution and amendments
The Convention that framed the Constitution closed their
labos in September l7s. The Government into ope-
ration on the 4th of March, 1889 Nearly the whole Of the
me and especially Of the year 1888, spent
earnest discussions Of its provisions by the people and
venons in the several States. The amendments framed
and adopted by the first Congress- under the lead Of Mr. Ma
dson and subsequently, established by the Legislatures of
hroeourths of the States The considering
passed by the second Congress in February 793 that
members have been elected time previously In
1888, therefore, when the Constitution before the people
for adoption, and subsequently when the amendments
submitted to them every one of these members must have
been Of sufficient age, ability, and distinction to take prom
nent part the dscussi and action which preceded and
Tended the adoption Of the Constitution and amendments and
hey had been selected by the very people who had adopted
ooh for the purpose Of representing their views and ine
ions in carrying the Constitution into effect by practical le
yislation.
More than third of the members Of the Convention
which framed the Constitution members Of Congress in
1893, and still greater proportion of the members of the
st Congress which adopted the amendments also
OF the second Congress when this passed The
Of 1898 bears the signature of Jonathan Trumbu Of Con-
,eccut, Speaker of John Adams Vice President and
George Washington President. Thomas Jefferson, Aes
lnder Hamilton, and Henry Knox Cabinet advisers
md among the members of Congress that time Caleb
Strong, Ebrdge Gerry George Csbot, Fisher Ames Theo
lore Sedgwck ARENAS Ward John Langdon, Roger Sher
man, Oliver Ellsworth James Hlhoue, Rufus King, Robert
Of the committee of the Senate which reported the
BILL and it subsequently sent to committee of which
Roger Sherman was also member. Such men mem.
Of the Congress which passed the of l793 being
IN accordance with the Constitution
II Immediately forth and put into actual practical
operation amongst the people who had recently
,shed the Constitution Was violation of that insru
nent No motion was made voice raised for its repeal
either house of Congress- movement against il in any
State Legislature or popular assembly petition
from any whatever. No one appears to have
doubted its consti.utonaly, and it received so far
the public records and the history Of the times show
with the general the universal acquiescence Of the ge
neration which adopted the Constitution And not
until years afterwards and when generation had arisen
that its cons.tutionality was questioned.
1t is insisted that by this Congress guilty of
unauthorized assumption of power and violation of per-
sona liberty, by subecting the party trial by uncon
stiutiona tribunal and by deprving him Of right Of trial
BY jury secured by the seventh amendment How could
this have happened Was time Of apathy and indier-
ence So far from it, the spirit of liberty higher
or more vigant any people. They had just fought for
through years war, and endured extreme prvaon
suerng and sacrifices Apprehension Of abuse Of power
BY the National Government not only keen but almost
morbid producing the utmost vigilance and unsparng
tiny. Let us recur to q few historical facts.
The Convention that framed the Constitution closed their
labors on the 18th day Of September 1887 and it
alter submitted to the people for adoption by conventions
chosen for that purpose in the several States The States
came into slowly and reluctantly Eleven only acceded
i before it went into operation the 4h Of March, 1889
North Carolina and Rhode Island did accept until No
vember 1883, and May, $780, During the whole year 1888
the question Of lis adoption pending. Discussions before
The people and in their conventions able, eanes and
thorough. The objections it all from The appehen
non that the powers conferred the General Government
would be exercised endange the rights of individuals
md the States Many Of the States in adopting il
nended further guaranty for liberty and several would
have acceded but for the confident assurance that
amendments would Re made for that purpose In this spirit
he first Congress assembled and afterwards framed and
adopted twelve amendmen all designed to be further secu
titles for the rights and liberties of the people, and make
explicit the powers Of the General Government These
amendments submitted to the Legislatures Of The
States for ratification. The only objection made to them
bat they did not far enough that there should have been