The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-04-30

been, Inconsistent with the express words OF tn
Declaration oil Independence. But though tn
committee have no hesitation in declaring thai
conviction that tho provisions in the Constitu
ton sustaining slavery directly conflict with tn
natural duty which men owe to their fellow
men, and with the natural allegiance which al
men owe to the Divine law, yet they do not for
get their obligations to the Constitution, anf
their allegiance to their country and the govern
ment which it has established. II these provi
sons sustaining slavery be complied with, ant
the compliance be enforced by penal laws, il
should be distinctly stated that the compliance
is rendered, not because it is morally right but
because it is technically legal; nay, technically
legal while it was absolutely wrong, ana con
trary to The avowed design Of the Constitution
as set forth in the preamble. And though the
citizen may, by the conventional rules OF society
be excused for obedience to unjust laws; though
individuals may believe it patriotic to assist in
carrying into effect such laws yet those who
enact them and enforce compliance by penal
ties from which no citizen who violates them
can hope TO escape, and those also who volun-
teer in the execution of them, will hardly be ac-
Quilted before that tribunal which ultimately
deals out retrbution according to the law which
every intelligent man feels to be divine, rrevo-
cable and eternal.
In obedience to what the committee supposed
to be expected or demanded of them, by the
order referring to their consideration 80 much OF
the governors address as relates to slavery, they
could do no less than state these general con-
illusions; but Of that matter they have nothing
further to say, and 40 they betake themselves TO
the consideration of some particular provisions
of the Constitution.
The Constitution provides,
]. That ''the right Of the people to be secure
in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall
not be violated" amendments Art. iv)
III. That .the privilege OF the writ OF hdbeas
cases of rebellion or invasion, the public safety
may requireit-' Ar Bs,F2l
I'LL !. "The trial Of all crimes, except in
cases of impeachment, shall be by jury" (ArL
iii. ; 2, T 81
9. eIn suits at common law, when the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved"
(Amendmens Art vii)
8. mo person shall be deprived Of life, lib
erty or property, without due process Of law"
Amendment, Art w.
w. The judicial power of the United States
shall be vested in one Supreme Court and in
such inferior courts as the Congress may, from
time to time, ordain and establish. The judges,
both of the superior and inferior courts, shall
hold their offices during good behavior, and shall,
at stated times, receive for their services CON-
which shall not be diminished during
their continuance in Office" Art. iii l.
Your committee will now examine the Fugi-
tive slave law, trying it by the several standards
above referred to, both general and special.
The Fugitive slave law is, in its nature, a spe-
,ial rule of conduct, to be followed in reducing
to slavery certain persons alleged to have fed
from it, asd for Furnishing such as aid them, in
their escape. Its design is, primarily, to reduce
men to slavery; that is, to remove them form
the condition Of MEN to the condition Of mere
cHATTELs and, secondarily, to punish all such
as aid them to remain in the condition of men,
and hinder them from being forced into the con-
dition of mere chattels
Your committee cannot resist the conclusion
that this law, in its nature and its design is, in
general, plainly hostile to the law Of God, and
to the design of all just human law. We regard
the Fugitive slave law, therefore, as morally
not legally, but morally,-invaiid and void and
though binding on the conduct, no more binding
on the conscience of any man than law would
be, which should command the people to en-
slave all the tall men or all the short men, and
deliver them up on claims, to be held in bondage
forever for the committee can see no moral
difference between enslavinr a white man and
n black one, or fugitive and one always free
But this law is also plainly at variance with
the design of the Constitution. as set forth in its
own language before quoted. To Us the whole
statute appears unconstitutional, not merely
technically and in its details but unconsttutio-
nal universally aud in the highest degree, as
tending TO defeat the purposes Of the Constitu-
ton itself. On this point, however, we will not
dwell
But the committee regard the Fugitive slave
law not only as unconstitutional in general, and
ath regard to its design, but specially, as COM
pared with some of the, provisions of the Con-
stitution itself.
l. 1t subjects the people to unreasonable
searches and seizures" and thus violates their
right " to be secure in their persons;" for any
man may be arrested on the affidavit Of any other
man swearing that he is slave, and be sent into
bondage by the act of single commissioner.
We have already seen free men thus seized and
hurried off to slavery.
H. 1t annuls and makes useless =" the priv-
leges of the writ of habeas corpus" We learn
from the opinion Of the attorney general, that it
does not do this in form, but it does it, subs;an
tiallv, and in fact.
III. 1t takes away I" the right of trial by Jury
from the alleged fugitive and that in a matter
Of the greatest importance, thus depriving him of
liberty. which is of more value than property or
life, "without due process of law" The fugi-
tive is not tried for his liberty by his peers or
the law Of the Land" but before commissioner,
who does not, like the jury, represent the
/" country" the people with their human SYM
patty towards men, and their personal duty to-
wards God but who il n mere official agent of
government representing only the will of the
men in power, whose creature he is, and at
whose caprice he may be removed
Then too, rs if this was not enough, the trial
must be conducted in ga summary manner"
Fugitive slave law, sec. 81 The committee
will not undertake to point out what sum
mary manner" is but they submit that it is not
due process of law" for without repeating
what they have before said, the trial Of nm issne
so important is not necessarily public one, but
the commissioners may try the alleged fugitive in
the cellar of his house, and at midnight, allow
ing the miserable man no counsel to aid him,
and with 10 witness but the slave hunter and
the officials and creatures of government. Even
this is not all For,
Nv. The commissioner is not n man vested
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