The daily union., 1852-09-28

srty coming within this section" la the other eonyen
tons II was dsTegaIded Massachusetts,, while exhibit
ing peculiar seneseness al any responsibility iof siass
seemed 10 view il with unconcefn. The fedefalis mo
AN Ia lis classification Of the powers oil Congress de-
scTbes and groups large number as those which pro-
vide for the harmony and proper intercourse among he
States ana therein speaks o. s g ~, Sss paGo
on fuelyes from labor but fails 10 recognise the latter
among the OF promoting thai harmony and proper
intercourse nor does ahyThsIe mere auoe 70 ins p,ossop
ee still continued The earliest act OF Congress, passed
in 1885, drew little attention. II was not originally sug-
gesied BY any diihealy OF anxiety touching ioguses
from labor there any record of the times, IN de-
bate Otherwise showing that any special Importance
was attached TO It's provisions in this regard The aen
lion OF Congress had been directed TO iugiilves from as
iice and Syith little deberation. il undertook 70 me
same bill 10 provide for both classes OF cases ~ ms ae
cideaia manner legislation on ms suolec' hs' AZ
tempted. oa. a;,aa
under This act From competent inquirer we learn hat
six years elapsed before single slave was sa
rendered under il IN any free Slsie us certain sua ~
usated by Josiah Quincy as COUNSEL the crowd about
me magistrate at the examination quietly and spona-
neously opened way Tor The ugitise ana mus me aci
failed 10 be executed II is also certain that in Vermont
al the beginning of the century, Judge oil the supreme
court of this State application for the surrender oil an
alleged slave, accompanied by documentary evhehse re-
fused 10 comply unless the master could show Oil oil
sale from the Almighty. But even these cases passed
without public comment.
In 1901 the subject was Introduced lnlO Tue luusc vi
Representatives by effort for another act. which, on
consideration rejected Al later day. IN lSl7-lS
though still disfegarded BY the country, II seemed to ex-
cite shortlved interest IN Congress bill 70 provide
more eectuay "or reclamlng servants and slaves es-
Gaping from State lno another was introduced INTO
the House Of Representatives by Mr.. PRda OF Virginia,
was considered for several days in Committee of the
Whole amended and passed by this body. In the SEN
ate, after much attention and warm debate was also
passed with amendments bui on lis return 10 the House
for the adoption OF the amendments il dropped This
tphch OF this subject has thus
far been uDnotced chiefly remarkable as the earliest
recorded evidence OF the unwarantable assertion now
50 common, that this provision was originally OF vital
importance 10 the peace and harmony OF the country
Al last in 1850, we have another act passed by both
houses OF Congress and approved by thePfesidsn am
ialy known the fugitiyesla bill. AS read this
statute, am filled with painful emotions The mastery
subety with which il is drawn might challenge admiTa-
ton if exeried for benevolent purpose; but IN an age
OF sensibty and refinement, machine OF torture, how
sku and apt canno, be regarded without horror
Sir, in the OF the constitution which II vioates oi
my country which it dshonors; of humanity which il
degrades OF Christianity which II ofends, aragn this
enactment and now hold up 10 the judgment of the
Senate and the world. Again shrink from no respon
slbty. may seem TO stand aone but all the patrols
and martyrs OF history all the fathers OF the republic are
with Sir, there is no attribute OF God which does
not unite against this act
But am 10 regard now chiefly as an infringement
of the constitution And here It's ouirages, lagran as
manifold the deepest dye and boadesi character
only when consider that by its language it is not re-
strained to any special race or class to the African or to
of the uRIted States OF whatever complexion condl
tion may be its victim. Without discrimination OF color
even aad in violation OF every presumption of freedom
the act suIrenders all who may be claimed as sowing
service labor 10 the same tyrannical proceedings Ii
there be any whose symPsihes are not moved for the
slave who do not cherish the rights OF the humble Afri
can, struggling for divine freedom, warmly the
rights OF the white man, lei him consider we'll that the
rights of all equally assaied Nephew" said Al
gernon Sidney in prison, the night before his execu
ton. q" value not my life chip, but what concerns
me is that the law which takes away my life may hang
every one OF you whenever it is thought convenient"
Though thus comprehensive in its provisions and APP
plcable 10 all there is safeguard OF human freedom
which the monster act does not set at Daught.
IL commits this great Question--than which none Is
more sacred in the awnot TO a solemn trial. but 10 sum-
mary proceedings.
commits this queslionno, one of the high tribu
mails OF the and-but TO the unaided judgment of sim
gle petty mag israie.
Il commits this question magistrate. appointed not
by the President with the oil the Senate but by
the court holding his ohce not during good behavior.
but merely during the will OF the court; and receiving
not regular salary, but lees according 10 each individual
case.
1t authorizes Judgment on sr parie evidence, by at-
daviis, without the sanction OF cross-examnatlon.
Ii denies the writ OF ha5els corpus known as the
palladium OF the citizen
Contrary the declared purposes OF the trainers OF the
constitution, sends the fugitive back at the public ex
pensen
Adding meanness 10 the violation OF the constitution,
ii brbes the commi by double fee pronounce
against freedom Ii he doons to slavery the re-
wars il Sl0 but, saving him 10 freedom, his dole s IS
The constitution expressly the " free exercise
OF religion but this act visits with uRrelenng penalties
the faithful aud women who may reader 10 the fugi
tive that counenance succor, and shelter which in their
conscience religion" seems TO require.
As II for the public veal that there should be end
OF SUITS by the OF civilized nations these must
be instituted within fixed limitations OF time but this act
exalhng slavery above even this practical principle OF
universal justice, ordains proceedings against freedom
without any reference 10 lapse OF time.
Gancing only al these points, and not stopping for
gument, vindication illustration. come once upon
the two chief radical objections 10 this act Identical in
principle with those brought by fathers against the
Blish stamp act-hrst, that is usurpaiion by Con-
gress OF powers not granted by the constitution and
infraclon of rights secured TO The States and secondly
t6a takes away trial by jury in question OF personal
liberty and SUIT at copmon law. Either OF these OBJ
ections, II sustained strikes al the very root OF the
That II IS obnoxious 10 both seems beyond doubt.
But here at this stage encounter the difficulty that
these objections have been already oreelosed by the
legislation OF Congress- and BY the decisions of the Su
preme Court that early as 1898 Congress assumed
power this subject by which failed to secure
trial by jury, and that the validity OF this act under the
constitution has been affirmed By the Supreme Court, On
examination, this difficulty will disappear
The act OF 1898 proceeded from Congress that had
already recognised United States Bank, chartered BY
previous Congress, which. though sanctioned by the Su
preme Court has been since in high quarters pronounced
unconstitutional II II erred The bank may have
erred also TO fugiiives from labor But The very act
contains capital this very subject, declared
by the Supreme Court in pretending 10 vest portion OF
the judicial power OF the nation IN State officers. This
takes IRON the all authority Interpretation
of the constitution dismiss IT,
lTo BE cosTIsuED
nICu CUprxI. urInxGrxa< 49,. d.,