Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-09-08

| Slavery then is the creature oil law. We
know it does exist. Usage constitutes
law, besides which, contrary TO what has
been stated, law after law has been pass
ell by the States confrmatory and regula-
ting it. To say that laws recognizing
slavery do not exist, would be sdutting
our ewes 10 all the enactments @, several
States. As to the manner iii which tins
case has been managed. am graiihed, as
it has been named. that there has oeeh
such gentlemanly bearing on both sides;
there has been no abusive ep!thets used;
none were expected. the case has been con-
Quoted so as 10 merit the applause oil all
! sensible men, | would remark that there
has been offered no evidence on the part
of the defence. except the admission oil
the claimant that The party claimed had,
for a few years. been residing near Troy.
where he was reputed free, and recognized
as freeman.
That is proper: it is the theory of our
laws in Ohio and other free States; that
all men in their borders. without regard
to color, are free men; the law does not
sanction the tread of u slave on our soil;
the presumptions of law then only to
be counteracted by the conclusive proof
of claimants. But it is insisted that the
Fugitive Slave Law is unconstitutional;
that Congress has not the power. but that
it is vested in the several States. This
argument has been often advanced BY gen
tlemen who have discussed this matter In
a certain way, and am not sure but what
it has been inserted into certain platforms.
Let me advert for moment to udicia!
authority, in the case OF SpriggS Us. Penn
sylvania. With the Judges of the U. S
Supreme Court, there was no dissentlon
of opinion as TO the power Of Congress
aud the restrictions of State Legislation
IN conflict with Federal action. | believe
may say, the Supreme Court Of Massa-
, chusetts, and in every other State has re-
cognized the same power in Congress. Al
an early date, one or two cases perhaps
in Massachusetts,, some doubts were ex
. pressed; but no respectable Courts since
have doubted, particularly as to the law
of 1893. This is pretty strong authority
in regard TO the power. overbearing all IN
: dividual opinions. however weighty or
numerous, unless sufficiently numerous
, to change the law.
The Constitution was formed in 1887
after discussion OH the subject BY the
people at large and in the convention Of
; the several States. The Act of '93 was
passed shortly after the adoption of the
( Constitutions by me n intimately acqua in l.
ed with the principles ell which the Con-
. stitution was esta bished. many of whom
of
that instrument; at the same time this
same subject of Slavery excited public
, attention in ali the States of the Union.
and more especially in Virginia, and was
: scanned by men not isnerant of the prin-
ciples Of the Constitution. Since that
time there has been no decision of any
Federal Court that Congress had not the
power TO frame the law of 1893. This is
weight not small. scarcely ever concen-
5 trated on any other question, for it has
' attracted much attention.; great display
Of thought. and the profoundest consid-
Grafton Of the ablest minds Of the Re pub
lie. which must silence all cavll. Look
, at the provision ITSELF are its vital paris
? never to be settled after tho decisions OF
. the Courts for half a century? Suppose a
state of feeling that would shake the ba-
sis of The whole social community and
stir up discord in the land there would be
no protection Of our rights except in our
a Constitution. as has been justly remarked
il is the fundamental law of the land. the
| basis of our prosperity, the foundation of
0 our glory, and saved to us the fruits of
our Revolution. The Federal. fundamen-
' tai law is the protector OF our rights and
|. the procurer of peace to all paris Of tue
Union.
n Ii has been contended that it rests with
the States TO carry into effect State en-
actm-nts. would ask the gentleman,
I is that Law that has no sanction, that has
no power 10 enforce. to which is attached
. no penalty. The gentleman. CDR. Bris-
bane) is too good Theologian for that.
: This principle applies IN civil matters as
{ in those of Theology. Legislatures are
4 prohibited from passing laws liberating
: or obstructing the liberation of Slaves.
e the States are bound to deliver up the fu-
[ gitive. If a state passes a law conflict
G ing with federal law, the penalty is in
hicted. dont state hypotbe tical case;
Grigg VS.. Maryland is an actual one. the
\ State threw obstacles in the way. and The
Court held in nugatory and void as against
+ the Constitution. 1t would not have been
if the State had power. 1t is then by the
authority Of law that slavery exists. and
D by no other authority CAN'T exist, nor can
fugitive be returned TO labor aud SER
, vice. except under provision Of positive
: law. differ with those who say that by
: the common la " he can be retaken.
admit .hat the Federal Government
cannot compel the observance of her en-
; actments by State; but the law is there.
|, is in the Constitution, the fundamental