The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1851-01-16

ascerlained powers, but it ceases 10 do SO rhe
moment concurfcn! jurisdiction vests IN S,a,e
Soyereignies In The practical workings of
the system Of concurren, jurisdiction, mu,h
EVIL would arise. Thirty one Sovereiani,ies
might prescribe different rules of action-.
each meant to make effective na,o ,al leois.
iahon, and the danger resulting from conae.
ting enactments, and the consequent des,rne
tion OF harmony and order could not sai, /,
alarm ihe patriot.-Wheneve power over >
suo,ec' matter is vested by the Const;u,,
IN congress, and the po&er has been exer-
cised; The authority OF the States has hes
Jndlcially de' ired as above stated. mero Il
and abolished. This is the rule of law as
well as that Of common sense.
An opinion has been expres sed by men a.
eminent legal leafding and pattiolisIn..' .'', ,tsf
legislative action on the part Of the States :
expedient to aid In The execution of The now.
ers o' the general government, In tb;,
oPiRion cannot concur. To adrni, ,hs
position would imply an inability on the part
OF the national government 10 execute lis
powers, and would prove destructive of the
theory SO zealously maintained by our repub
iIcan fathers, lha; the National and Sae
Governments are Independent sovereigniti.s.
each acing within its proper constitutional
sphere.
IL was doubtless conviction of the sound
ness o! the foregoing views, which indeed
my predecessor, Governor Skunk, 10 sane
tion the act Of the Sd March, 1917.
The power to act upon the subject of .he
cxtradtion Of fugitive slaves being thus voc
ted solely in the National Government, il
The plain duty of the citizen 10 submit to its
enactments under tho Constitution. To &c,
differently would be clearly rebellion 10 The
Government
II The word "clainn was Intended TO ex
press an ascerained right of property 10 the
person OF the fugitive vested in the claimant
then much of the difficulty surrounding the
question is settled, and the mere demand for
the person OF the fugitive fixes his destiny
by the terms Of the constitution. His tradi
ton would be determined without proof of
ownership OH the part Of the claimant AID
without evidence Of the identity or figh, Of
the person claimed. IT. however, the term
used in the constitution, signifies challenge
OF the property, belonging to the claimant,
and withheld from him-and the exact.
ments on the subject requiring proofo of right
10 substantiate the claim, and the concurinr
assi-iS Saz aAs Al Snf f4a-.s1aa f-nprt anfx-InIs
meaning TO the term, then the question ari.
ses, how, ard lhroush whom, shall the CLAIM
be, made, and by what evidence sustained
in the adoption Of the proper remedy to
! assert this clear right, patriotic citizens may
differ, and the privilege 10 maintain and ex.
press that honest diversity of opinion must
not be impaired. To surrender it, under v;o.
lent threats and denunciatory clamor would
be an abandonment of the deeply. cherished
privilege of liberty of thought and speech.
When the enactments of the national Con
sress fail 10 convince The people Of Their
justice and propriety it is their duty 10 seek
their modification and amendment. The
recently enacted fugitive slave law, while it
remains statute, demands the support of all
the citizens, and unless our written consli,u.
tons are worthless parchments, under the
Judiciary declare ii 9th erwise, must be estee.
med a constitutional enactment Are It's
defects Of such nature as TO warrant the.
public in urging its amendne efii2
That part Of III law which authorizes ,hs
creation of a new and irresponsible tribunal
under the name of Commissioners, is liable
TO exception. Waving the inquiry whether
the Judicial power Of the United States can
be vested anywhere but in regularly organ
lied courts, with the records of courts, there
are objections Of serious import to the insti-
tuition of this tribunal. All history shows,
that special tribunals, clothed with discre.
tlonary powers over persol. and property, are
liable 10 abuse, and have been instruments
OF oppression. %
II in these, the early days Of the Repub-
lie, when no reason Of urgent State necessi-
ty can be invoked, powers Of high judicial
nature over the libetty and property of an
individual, are 10 be vested by appointment
of an interior tribunal, in an irfesron sibls
person, the security Of the life, reputation,
and liberty Of the citizen in after times
when new political or social Liberties may
arise, will depend on most precanous te
uure. The courts of the United States,
whose Judges have pride of character, and
over whom acontroing influence is exerted
by the impeachment clause of the Constitu
ton, should alone be invested with these ex
traordinary powets Rather thai hazard the
chances of illegal decisions, and the conss
quent irreparable injury of an individual, re
suits so full Of danger to the peace aud good
order Of society, the Judicial power Of the
Nation might wisely be extended. II it be
deemed expedient to deny trial BY Jury,
and lodge the adjudication ofthis Of Property
in the breast Of single Judge, the kind OF
proof required should be indicated, and a
full record Of the eutire proceedings be made
and preserved. Process issued should be-
returned, and the exlradiiion of any ooiored
person, for whose arrest awarant had issued
without hearing hadbefore the Judge, should
be visited with the penalties of Kidnapping.
These notifications of the law. while thsv