The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02

| Douu vi Union ana an efnclept organ VI uc
national interests at home and abroad. But
while iashlonlng this agency, they fully recog-
nlsed the Governments OF the States. TO The
nation were delegated high powers, essential
to the national interests, but specific IN charac-
ter and limited in number. To the States
and to the people We're reserved the powers,
general in character and unlimited in number,
not delegated TO the Nation or prohibited TO the
States.
The integrity Of our Political System de-
ponds upon harmony in the operations OF the
Nation and Of the States. While the Ma
ton within its wide orbit is supreme, the
States move with equal supremacy IN their
own. But from the necessity OF the case the
supremacy OF each in its proper place exc udes
the other. The Nation cannot exercise rights
reserved TO the States; nor can the States IN
teriere with the powers Of the Nation. Any
such action on either side is a usurpatlon.
These principles Were distinctly declared by
Mr.. Jefferson, in 1898, in words often adopted
since; and which must find acceptance from
all parties:
That the several States composing the United
States OF America are not united upon the principle
of unlimited submission to the General Government
but that by compact, under the style and title of the
Constitution of the United States and of the amend
ments thereto they constituted General GOvern-
ment for special purposes deLegated 10 that GOUeR.
mem cfTfan aehHte poperS, reservng each state TO
ITSELF the residuary mass of right to their own self
government and that NkfTeSoeUey Ghe GsHSraI GOU-
ern0'em assumes mndeiegated pocers ITS acts IN
| aMth0r1 zed, Uoid, and Of no force"
But have already amply shown 10 day that
Slavery Is IN no respect natlonal-that II IS not
within the sphere of national activity-that il
has no positive" support in the Constitution,
and that any Interpretation thereof inconsistent
with this principle would be abhorrent TO the
sentiments OF It's founders Slavery is local
institution, peculiar TO the States and under the
guardianship of State Rights. 1t is impossible,
without violence, AT once to the spirit and 10
the letter of the Constitution 10 attribute TO Con-
gresS any power to legisate. either for its abo-
liton in the States or It's support anywhere.
Non Intervention is the rule prescribed TO the
Nation. Regarding the question only in its
more general aspects, and putting aside, for the
moment, the perfect evidence from the records
Of the Convention, ii is papable that there is
no national fountain out of which The existing
Slave Act can he derived.
But this Act is not only an unwarrantable
assumption Of power by the Nation; il is also
an niracuon of rights reserved 10 the States.
Everywhere within their borders the States are
the peculiar guardians Of personal liberty. BY
Jury and Habeas Corpus 10 save the citizen
harmless against all assault is among their du-
ties and rights. To his State the citizen when
oppressed may appeal nor should he find that
appeal denied But this Act despoils him OF
his rights and despoils his State of all power to
protect him. 1t subjects him to the wretched
chances of false oaths, forged papers, and facile
commissioners, and takes from him every safe
guard Now, if the Shareholder has right to
be secure at home in the enjoyment OF Slavery,
50 also has the freeman Of the North-and every
person there is presumed to be freeman-an
equalright to be secure at home in the EN- loyment
of Freedom, The same principle of State Rights
by which Slavery is protected in the Slave
States throws its mpenetrable shield over Free
dom in the Free States. And here, let me say +,
is the only security for Slavery in the Slave
States as for Freedom in the Free States. In
the present fatal overthrow of State Rights you
teach lesson which may return to plague the
teacher. Compelling the National Govern
ment 10 stretch its Briarean arms into the Free
States, for the sake of Slavery, you show open
" how il may stretch these same hundred
giant arms into the Slave States for the sake Of
Freedom. This lesson was not taught by our
fathers.
And here end this branch of the question.
The true principles of our Political System, the
history of the National Convention, the natural
Interpretation of the Convention, all teach that
this Act is usurpaon by Congress of powers
that do not belong TO it, and an mtraction of
rights secured to the States. IL is d sword,
whose handle is at the National Capital, and
whose point is everywhere in the States. A
weapon SO terrible to Personal Liberty the Ma
ton has no power to grasp
(2.) find no,c Of The denial Of Trial by Jmy.
Admitting, for the moment, that Congress is
ntrusted with power over this subject, which
truth disowns, stIll the Act is again radically
unconstitutional from its denial OF Trial BY Jury
in question of Personal Liberty and suit at
common law. Since on the one side there is a
claim OF property. and on the other of liberty,
both property and liberty are involved in the
issue. To this claim on either side is attached
Trial by Jury.
To me, sir regarding this matter in the light of
the common law and in the blaze of free inslitu-
tons, 1t has always seemed impossible to arrive
at any other conclusion. If the language of the
Constitution were open to doubt, which it is
not, still all the presumptions of law, all the
leanlngs for Freedom, all the suggestions of
justice, plead angel-tongued for this right. No
body doubts that Congress, if it legisaies on
tins matter, may allow Trial by Jury. But if
II may, so overwhelming is the claim of Justice,
II MUST. Beyond this, however, the question
is determined by the precise letter of the Con
sttutlon.
Several expressions in the provision for the
surrender OF iugtives from labor show the es-
sential character Of the proceedings. In the
first place, the person must be, not merely
charged, as in the case of iugitives from Justice,
but actually held to labor in the State from
which he escaped In the second place, he
must be +" delivered up on claim of the party
to whom such labor is due" These two facts,
that he was held to labor, and that his labor was
due TO his claimant, are directly placed in issue
and must be proved Two necessary incidents
oil the delivery may also be- observed. First, il
must be made in the State where the fugitive is
found; and, secondly, it restores to the claim
ant hlS complete control over the person OF the
| fugitive. From these circumstances 1t IS evi-
dent that the proceedings cannot be regarded,
IN any Just sense, as preliminary, OF anclllary
to some future formal trial, but as complete IN
| themselves. final and conclusive.
And these proceedings determine on the one
side the question of property. and on the other
the sacred question Of Personal Liberty IN us
| most transcendent form not merely Ihoery
for day or year. but for life, and the Liberty
| of generations that shall come after, so long as
| Slavery endures To these questions, The Con
stItuion, by two specific provisions, attaches
the Trial by Jury. One of these is the familiar
clause, already adduced: mo person shall De
deprived of life, liberty, or property. 'r'hom dne
process Of inr :" that is. without due proceed
ngs ut law. with Trial by Jury. Not stopping
to dwell on this, press at once to the other
provision, which is still more express In
suits at common law, where the value IN con
troversy shall exceed twenty dollars, the rlgn'
of Trial by Jury shall be preserved" Ih's