Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1851-05-01

Unconstitutional Law.

for its unholy effects but by its repeal as if the
people must submit to all It's penalties and exac-
tons, till the slow process Of electing new set
of Legislators, who, possessing more light or
better principles, shall produce repeal. Such,
undoubtedly, is a fair inference from the pub
ished charge of Judge Sprague, to the Grand
Jury in Massachusetts. A repeal is a sure rem
edy, if effected in season to avoid the evil con-
sequences of such a statute. And, if its pas
sage was mere oversight and those who made
it would gladly repeal it, probably the extension
of it would lag, while its repeal could be effect
ed. Not so by any means, when the makers
of such Statute, like the Fugitive Slave Act,
are forcing its execution IN a manner akin, in
point of tyranny, to the provisions of the act it
SELF In such cases, it becomes the people not
to sleep under the oppression Of such statute,
and let their apparent acquieScence prevent or
delay repeal
1t is not the object of this communication to
picture in detail the points of unconstitutional
ty of the Fugitive Slave Act. That has been
sufficiently done before now. But, assuming
the fact as abundantly proved, would unde-
ceive those, if such there are, who believe they
are bound to obey that statute until it is repeal
ed.
A statute that is manifestly unconstitutional,
IS manifestly void. 1t has no more force for its
being put'into the shape Of a statute by Iegis-
lative body. A case may be supposed so fragrant
that no person of respectable knowledge would
even pretend statute binding upon any person
whatever. Suppose Congress should enact IN
the shape of a statute, that each Marshall before
entering upon the duties of his office, should
kill one one of his neghbors, for which such
statute should be his sufficient warrant Such
Marshal, with that statute for his warrant, selects
his neighbor and commences the work of killing
him. The neighbor fights in his defence and
kills the Marshal. 1t is not murder, but law
full act thus to defend himself. Again, in an
other case, the Marshal succeeds, and Kills his
nelghbor, and is indicted for murder. is convict
ed and hanged, and all the people say, amen I!
And why all this? Because the statute was
void, there being no authority in Congress to
enact such a law.
The principle is exactly the same when stat
utes attempt to authorize other crimes besides
murder. And the several States in our Union
have no more power than Congress to enact a
statute which would authorize and legallze the
commission of a crime. There is also limit
of another character to the power of Congress;
they possess no original power OF Legislation like
each Independent State. If their Legislation
does not relate to crime, still they have no pow
er but what the people have granted to them,
The United States. And what power is net ex-
pressy conferred upon Congress by that Con
stituton, Is expressly reserved, by the same Con.
stitution, to the States or the People See ar
lce 10th of the amendments. That the bust
ness of delivering up persons held to service OIL
labor by the laws of one State, and escaping
into another, belongs 10 the State into which they
may have escaped and not to Congress, has beer
so often and so fully shown, and has been &C
knowedged by Daniel Webster, that the argu
ment need not be here repeated. Perhaps, there
would be no great error in affirming, that carry
ing fugitive from labor or service, from fret
, State to slave State, against his will, is
crime, 1t surely is so, unless done by gooc
authority. But whether it be crime or not, tn,
people have never given Congress power owe
the subject.
That this Fugitive Slave statute would be de
cided to be void by any respectable Court unbi
assed upon the subject of slavery, can enter
tain no doubL. Yet would not advise any per
son to resist it by force. On the side of tn
oppressor there is great power, to be broker
down, to De sure, as soon as the people are tru
to the Constitution, and true to their own poiti
cal interests, and faithful to WELD the silent bal
lot in favor of liberty. But while that oppres
E sive power remains rampant, would not exer
else force to resist it,-but | would risk all it
horrid penalties, to the end of life, before
, would lift finger to aid the claimant, or tn
commissioner, or the marshal, to arrest or carr
into slavery, any fugitive from service or labor
would remain passive, till some law of our owl
State establishes a claim for my assistance.
The oppreSsor is douby armed, for the tim
being Those who voted for the law, both Sen
ators and Representatives, must have felt wo
full agony to rid slavery of all opposition. Sc
also, the President, who gave his sanction to tn
law. And half way on the track must hav
been those Northern Senators and Representa-
tives who neglected to vote against the act
And the Supreme Court of the United State
consists of Judges, majority of whom, ownin
slaves, must be presumed to be BIASED by thei
: interests and associations IN favor of slavery
Hence the above caution not 10 resist the sal
statute, or those claiming under it.
o TITUS HUTCHINsoN.