The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-01-22
For the National Era.
FUGITIVE SLAVE LAW.

IT, from the rapacity of the upholdcrs of sla-
very and the imbecility of the representatives
of freedom 20 unjus and inhuman n law as
the Fugitive Slave Law can be passed and sup
ported; it, by manifest usurpation of power,
Congress can have brought the whole of the
United States into the support of slavery, which
the trainers of the Constitution were anxious
to avoid, it might at least have been expected
that these neiarious measures would have been
indicated with some show of plausible reason
ing and our Government should not have been
further disgraeed by such flimsy sophistry and
ialsehood AS appears in the recent message of
the President
The President says "The act of Congress for
the return of tugitves from labor is one re-
CURED and demanded by the express words of
the Constitution" Then, after citing in full
the only provision on the subject he adds;
This constitutional provision is equally obliga-
tory upon the Legislative, the Executive and
Judicial departments of the Government, and
upon every citizen of the United States Now.
should the whole of this obligation be admitted,
how does it show that an act of Congress is de-
manded for the execution of that provision
On the contrary, if this provision was thus
binding upon the Judicial department. then
the Federal Courts throughout the Union would
be under obligations to return fugtives from
labor who should be proved to be 80 before
them on the provision of the Constitution itself:
and thus, on the Presidents own showing, an
act OF Congress would be unnecessary. But it
Is not true that this constitutional provision is
binding on any department of the United
States Government 1t simply imposes pro-
hlbihon and duty on the States, and the Gov
ernment of the United States have nothing
whatever to do with it and of course are not,
rs the President further says under any neces-
slty to "act upon the subject by prescribing
the proceedings necessary to ascertain that the
| person il fugitive &c. The Constitution
| plainly devolves this duty on the State Courts,
who are bound to execute it without any law
on the subject.
But necessity is proverbially "the tyrants
plea, and often with far more reason than in
the present case and yet it is never held to
justify usurpaton of power. IL cannot do so
III this instance. There is no clause in the
Constitution which authorizes Congress to pro-
vide for the execution Of any of its provisions,
where lts power to do 80 is not expressly grant
ed, On the contrary the 10th amendment
says: "The powers not delegated to the United
States by the Constitution nor prohibited by it
to the States are reserved TO the States respect
lively or to the people" This amendment
which Congress and the President have seen 6t
TO overlook-was made distinctly to prevent
such usurpations MS this by the Federal Gov.
ernment on the plea Of necessity or any other
plea. In the provision of the Constitution for
the delivery of fugitivcs from labor no pouer
is delegated to the United States and the exc
cution is therefore reserved 10 the States or the
people. The President gains nothing by COM
pairing this case with the provisions for the de-
livery of fagitves from justice, &c; for if laws
are made by Congress on those subjects where
the express power to do 80 is not granted, such
laws are likewise unconstitutional
Now, it is on views like these that not only
the Free Soil Party, now amounting to great
number Of persons, and comprising many OF
the most respectable citizens but also very
many of the adhcrents to both the other par.
ties, sincerely deny the constitutonality of the