Windham County Democrat. [volume] (Brattleboro, Vt.) 1836-1853, 1851-07-16
The Fugitive Slave Law UncOnstitu-
Iinnnl.

Notwithstanding the dictum of Daniel Webster,
Levi Woodbury., and other trucking parasites OF the
Slave Power, the fact is no longer doubtful that the
provisions and spirit of the Fugitive Slave Law of
$780, are condemned and destined to be condemned
by the best minds and strongest intelects of this
country and of the civilized world. Old "Silver
Gray" politicians and lawyers may pronounce it con-
stitutiona till doomsday. The spirit of the age alb
hors and spurns it. The genius of Democracy pro-
houhces 1t accursed and infamous. The legal senti-
fnent of Young America is almost unanimous a.
gonst its coistitutionaty. We have heretofore Civ
Ell our readers The recorded opinions of such emil
nent jurists as JudgeSJay, Hon. John A. Dix, John
Van Buren, of New York, Judge Benjamin Toppan
and Senators Chase and Wade of Ohio, Judge Niles
of Connecticut, Hon. Josiah Quincy, franklin Dex-
ter, George f. Farley and Charles G. Loring of Mas
sachuses, and n host of others, all concurring in
the opinion that the law is clearly unconstitutional
To this number the friends of the Constitution will
be reioced to add the name of Chief Justice Horn
blower Of New Jersey, whose reputation as learn
cd able and profound jurst and judge is as wide ms
the country In letter to Senator Chase of Ohio,
dated Newark, N. j., April 9, 1851, he says:
"Sometme about the year 1896, fugitive slave
came before us, upon IIabeas corpus, allowed by
made retlIrnable at bar. On that occasion when no
such excitement existed nov prevalls) wrote an
opinion TO the effect that, st Congress had author
stu 10 Legisidte on The subject secondly cether Con-
greSs had such pooer not, could be deprived
Of trial by jury tcheR his personal Identify has age,
his ocnvship Of himself and his obligation to SeUe an
other his sIape, IN issue The opinion was not
read by from the bench Though the amount OF ii
was orally stated by mel because it became necessa-
nv, my associate justices tniting cih IN opinion
that the Magistrate had no right to commit the man
claimed as slave, he had done, to the custody OF
the Sheriff for safe keeping, until his master came
for him, jas not being built for the safe keep
ing of any mans slave, but for criminals only"
To this opinion, we also add the following from a
speech of Judge Spalding an eminent Judge of the
Supreme Court of Ohio recently delivered II great
Democratic Convention at Toledo. He says:
The Constitution and the debates, rs taken down
by Mr. Madison, shOip that It neper intended that
the free States should be subjected to The trouble
pense Of returning flgitipes.-Ihe free STATES simply
stipulated, by the adoption Of the Constitution that they
ICOuld r.frGin from nterposing any hindrdnce 10 the
recovery Of fugitive Slares by their masters Ohen they
should reclaim ,cha they considered tobe their property
1Uithin the bounds Of free territory
The clause in the Constitution is prohibition up
the free States from interfering actively in behalf
of the slave and it may be considered suspend
ing or abrogang much of the law of Nature as
would give to the slave his freedom, whenever he
could place his foot upon the soil of free State
But is no ,oardnt 10 Congress 10 enact any law up
the subject, least of all law that disgraces cvii
cation, and infcts pains and penalties upon the free
citizens in free States if they shall attempt TO
ercise the comnonest acts of charity.
As judicial officer in the State of Ohio, sworn 10
support the Constitution of the United States wei
to administer justice impartiay between the ricl
and the poor, if called on to act in the premises,
soouLd set at liberty many fugitive slaues, apprehend
ed in Stale, could be brought before hdbea.
corpus. ] BELIEVE THE LAW TO BE WHOLLY NUGA
TORY AND VOID and holding it to be clear viola
ton of the Constitution of my country and opposed
strike down the sacred guarantees of personal free
dom, o. inflict much of wound upon the .sover
f pefq qga ST &Rfs rf e d
TO encirce with Chains of iron either colored per
sons or Court Ilouses-when should be called up
on to administer justice. Independent Democrat.