The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1852-09-30


and harmony of the country.
AT last IN 1850. we have another Act, passed by both
faniliarly known as the Fugitive Slave Biii Is /
read this statute am filled with painful emotions
The mastery subtlsty with which it is drawn might
challenge admiration, if exerted for benevolent mr.
pose; but in age of sensibty and refinement ma.
chine of torture however skful and apt be re-
suton which it violates; of my country which it dis
honors; of Humanity which it degrades of Chrstiani-
ty which it ofends, arragn this enactment, and
hold to the judgment of the Senate and the world
A gain shrink from responsibility may seem to
stand alone; but all the patriots and martyrs of history
all the Fathers of the Republic, with me. Sir,
there Is attribute of God which does not unite against
this Act.
But am to regard it chiefly as an infringement
OF tae constitution And here its outrages, fagrant
ter only when consider that by its language it is not
restrained to any special class, to the African
or 70 the person with African blood but that any inhab
tant OF the United Staes of whatever complexion or
condition, may be its victim Without Discrimination
OF color eyen and In violation of every presumption of
freedom, the Act surrenders ALL who NAV he Claimed
sowing service labor to the same tyrannca nro
ceedings. If there be any, whose sympathes are NOT
moved for the slave who do not cheshthe rights of the
humble African, struggling for divine Freedom as
warmly the rights of the white man, let him consider
well that the rights of all equally assailed sNe-
phew said Algenon Sidney prison, the night be-
fore his execution 81 value not my own life chip, but
what concerns is that the la,O which takes away
my life may hang every one of you, whenever it is
Though thus comprehensive in its provisions and ap-
plicabe to ALL there is safeguard of Human Free
dom which it does not set at naught.
1t commits this great questlon-than which none is
more sacred in the aw-not to solemn trial; but to
summary proceedings.
1t commits this questlon-not to one of the high tr
bunals of the and-but to the unaided Judgment of
single petty magistrate.
1t commits this question to magistrate, appointed
not by the President with the consent of the Senate
but by the Court holding his Office not during good be-
haviour but merely during the will of the Court; and
receiyng not regular salary but fees according to
each individual case.
1t authorizes judgment er parte evidence by afi-
dayits, without the sanction of cross-examination
1t denies the writ of Habeas Coprus, ever known
the Palladium of ecitizen.
Contrary to the declared purposes of the trainers of
the Constitution sends the fugitive back at the pub
lie expense"
Adding meanness to the violation of the Constitu
ton, it brbes the Commissioner by double fee to pro-
against Freedom If he dooms, man to Slave
ry the reward is dolars but, saving him to Free
dom, his dole is five dollars
The Constitution expressly the "ree exercise
of relgon: but this Act visits with unreentin PEN
alties the faithful and women, who may renderto
the fugitive that countenance, succor, and shelter
which in their conscience sreligion require.
AS ti for the public veal that there should end
of suits. by the of civilized nations, these
must be instituted within fixed limitations of time; but
this Act, exalting Slavery above the practical
principle of universal justice, ordains proceedings
against Freedom without any reference lapse of time
Glancing only at these points, and not stopping forar
gument vlndlcatlon or lustratlonl come at once up
the chief radical objections this Act identi
cal in principle with those brought by Fathers
against the British Stamp Act rst that it is usurpa-
ton by Congress of powers not granted by the Consti
tuon and infraction of rights secured TO the Staes
and, secondly that it takes away Trial by Jury in
question of Personal Liberty and suit at common
law. Either of these objections if sustained strikes
at the very root of the Act. That it is obnoxious to
both seems beyond doubt
But here, this STAGE encounter the difficulty that
these objections have been already orecosed BY the
legislation of Congress and by the decisions the SUI
preme Court; that early as 1893 Congress assumed
power over this subject by Act, which failed
Tr1al and fbatt tho1
der the Constitution has been affirmed by the Supreme
Court. On examination this difficulty will disappear.
The Act OF 1853 proceeded from CONGRESS that had
already recognised the United States Bank chartered
by previous Congress, which, though sanctioned by
the Supreme Court has been since in high quarers pro-
nounced unconstitutional If it erred 10 the Bank
it may have erred also to fugives from labor. But
the very Act contains capital this sub
ect declared by the Supreme Court in pretending
to vest portion of the judicial power of the Nation in
State officers This takes from the Act all au.
thority Interpretation of the Constitution Ids.
miss 1t.
The decisions of the Supreme Court are entitled TO
great consideration, and will not be mentioned by me
except with respect Among the memories of my youth
bunal while Marshall presided, with Story by his side
The pressure now proceeds from the of Prgg vs.
Pennsylvania, Q6 Peters. $780, wherein the power OF
Congress over this matter is asserted Without going
into any minute criticism of this Judgment or consider
ing the extent to which it is extraudcia and there
lore OF no binding force, all which has been already
done at the bar In State, and by able court in
another; but conceding to it certain degree of WEIGHT
as rule TO the judiciary on this particular point still
1t does not touch the grave question arising from the de-
NAL of Trial by Jury. This Judgment was pronounced
by Mr. Justice Story From the interesting biography
of this great urst, recently published by his SON we
derive the distinct statement that the necessity of Trial
by Jury was not before the Court; that in the est
nation OF the Judge himself, it was still open ques-
tlon. Here ale the words:
"One prevailing opinion, which has created great
prejudice against this Judgment is, that denies the
labor trial by jury This mistake arises from sun
posing the involve the general question as to the
consutuonallty of The Act of 1893. But in fact no
such question was in the case; and the argument that
the Act OF 1873 was unconstitutional because it did not
provide for trial by jury according to the reousitions
OF the sixth article In the amendments the Constitu
ton having been suggested my father on his return
from Washington he replied that this question was not
argued by counsel nor considered by the Court and
that he should still consider it an open one"
But whatever may be the influence of this Judgment
as rule to the Judiciary 1t cannot duty as
legislators. And here adopt with entire assent the
language of President Jackson, in his memorable Veto
in 1882, of the Bank of the United States To his
was opposed the authority of the Supreme Court
and this is his reply:
"If the opinion of the Supreme Court covers the
whole ground of this Act ought control the
ordinate authorities of this Government. The Con-
gress the Executive, and the Court each for it.
self be guided by opinion of the Constitution
Each public officer, who takes oath support the Con
stituon s'Oears that hewM support he understands
it. and not is understood BY Others 1t is as much
the duty of the House of Representatives of the SEN
ate and the President TO decide upon the constitution
aty OF any bill resolution which may be presented
Judges when it may be brought before them for judicial
decision. The authority of the Supreme Court must
not therefore, be permitted control the Congress or
the Executive when acting their legislative capaci
ties but to have only suchinfuence the force of their
reasoning may deserve"
With these authoritative words of Andrew Jackson
dismiss this topic. The early legislation of Congress
and the decisions of the Supreme Court cannot stand in
our way. | advance to the argument.
% Now first, Of the po,ccr Of Congress over this sub
ject.
The Cons titption contains pooers granted to Con-
gress copact between the States and prohibitions ad
dressed to the Nation and to the States compact or
| prohibition may be accompanied by power; but not
nessarlly, tor Is essentially distinct in its nature
And here the single question arises, whether the Con-
stltutlon by grant, general special coners upon Con-
from labor.
The whole legislative power of Congress is derived
IRON two sources; first from the general grant of power
to the long catalogue of powers to make ali
laws which shall be necessary and proper for the
ing into execution the foregoing powers and all other
vested by this Constitution in the Govern nent
OF the United States, in any department or icer
thereof; and secondly, from special grants in ,ther
parts OF the Constitution As the provision nque
does not appear in the catalogue of powers and does
not purPor to vest the Government of the
United states, or In department officer thereof
no power to leglSlate this subject be derived