The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-09-22

s.ructOn of that instrument, | answer, Never
and every intelligent lover of freedom and JUS
tice will graphically echo, Never. Judicial
courts are only authorized to construe the Con-
sttution and laws for the case in hand, and not
| for any other. Whenever the decision of a
court, in any case becomes binding authority
on future court that decision goes beyond a
mere judicial act, and becomes a legislation.
am aware that this maxim of proscriptive obi
cation is cOncurred in by all our courts but it
is one derived from the monarchies Of Europe.
with which it is congenial, and ia totally in
compatible with the principles on which the
American Governments are founded If judi
cal decisions in this country, however unjust,
are like the DEGREES of the Modes and Persians--
final and irIevocable-our Revolution was Il
iiilure--Our remuneration of the British Gov
eminent was in vain We are still under It's Ju-
dical tyranny, irrefragible by the people.
But your honor says: " IL no respect Is paid
! 10 the weight Of current authorities for halt Il
century, the basis of our social fabric will be
shaken--there viii ensue disorder and confu-
sion, nor will there be protection OF rights"
! This seems to me q non Sequ1tT. j have seen
many Of these predictions of anarchy on this
supposition, but never have been favored with
the slightest reason for them; nor can ina
CINE how a disregard of unjust presidents and
decisions Of courts OF law Is to unsettle any OF
our really valuable institutions or customs. If
our social fabric is to be shaken, it will lie by
the virus Of those judicial and political maxims
which lie like canker at its root eating away
every principle Of freedom, until the people,
like those Of Europe are aroused to violent in
surrcctiOn.
| have nothing to say against the remark OF
your honor that the Legislation for the rend-
ton Of fugitiyes from service or labor was not
incumbent on the States for do not believe
that it is So But you proceed to refer TO sew
eral clauses of the Constitution imposing other
duties or pro. btions on the States, for the exc
cutiOn Of which no express provision is made;
and you conclude, on the whole of them, that,
Undoubtedly Congress may legslate on these
provisions" 1t is not necessary to take these
in detail-one simple answer applies to the
whole. If Congress is not expressly empowered
by the Constitution to legislate on these proyi,
sions, then any legislation respecting them, by |
that body, is uncOnstitutional--as is the Fug- |
tive Slave Law-however undoubted such legis- |
lation may heretofore have been. Indeed the
judgment on one Of the provisions you have
cited is opposed to your conclusion: ! refer to
that which declares that citizens of each State
shall be entitled to all the rights and immuni-
ties of the several States" This provision is
disregarded by the law of South
Carolina, for the imprisonment of colored sea
men. All the strong luminosity between the
States and all the danger of collision with for
Dign Powers, arising from this law, might be
lverted by law of the United States enforcing
his provision; but Congress has never yet seen
hat they could constitutionally make such
aw.
The provision for the rendition of fugitives
rom service, your honor says was the result of
! compromise for which you have the author-
y of Judge Marshall. No person doubts this;
,ut what have the people or the courts to do
With this compromise 1t was compromise
between the States, in the Convention which
formed the Constitution. In adopting that in
'truments the people only assumed the provision
Of the Constitution Itself accoI ding to the strict
meaning of its language. If this does not confer
4 power on Congress no previous compromise,
debates State resolutions, or usages, can au-
horize such power. 1t liz, however, true, that
IN this provision, though not on a compromise,
. the right Of rendition is one which the citi-
Gems of one State may claim and must receive
Of another State" and it is also true that "the
Federal Government has the power to carry
out and perpetuate this right H." but this power
is not given to Congress
This brings me to the argument most appa-
rently cogent IN all the vlndcation of your hon. |
ors decision. 1t is said there can be no legal |
defect without remedy, and no law without
mode of execution, or, as you term it, a Sane
ton" But it is not perceived how this unques-
tonably true maxim authorizes such execution
by any particular department. Of the Govern
To HON tho 10 Not al L.,
this case, there is not that deficiency of express
remedy your honor assumes. IL you will turn
to the third article of the Constitution, you will
see that among tho cases to which the judicial
power extends are "to controversies between
two or more States" and "between citizens OF
different States This power clearly covers
the cases Of fugtives from service OF labor, and
az plainly authorizes the Judiciary to decide on
such cases, without the necessity of any law
whatever. Ii is remarkable that you have
yourself referred to such q power in the Judi.
ciary, in saying that "ln case of infraction by
the States, n writ of error may be taken from
the State Court to the Supreme Court of the
United States" &c. and yet while your honor
has thus asserted such power OF action in the
| Supreme Court Of the United States, without
law, in other constitutional provisions, you have
strangely overlooked this power in the case Of
fugitlyes from service; and, on the assumption
that no power is elsewhere granted. have
claimed it as right in Congress. Every power
granted by the Constitution to any one depart
ment only of the United States Government, il
properly considered as an exclusive power to
that department; and therefore the grant of
this power to the judiciary, without any assign
ment of it to Congress shows that it belongs to
the judiciary alone and is not a subject of
legislation. In the enactment of the Fugitive
Slave Laws of 1898 and 1850, Congress has
therefore usurped a power which is not con-
ierred upon it; and those laws, consequently.
are decidedly unconstitutional; all compromi.
SEES decisions, and authorities, to the contrary
Notwithstanding
The recovery of truth and justice, though
the principal, ~ not the sole motive for this ad
dress to your honor; and if am anxious for
the removal of these tyrannical and cruel Flu.
gitivc Slave Laws-although | perceive that
they are working their own cure, by rapidly
augmenting that spirit of freedom in the land .
which will overwhelm them--it is beca,.. =,
conflicts which must in this wav-elS'use 'ne
abolition must be ombittcrcd 20 > enect the'r
But wish to presa,slloi and caiamitous
honor conseo,,. . ON the attention Of your
laws - .4ences of persistence in these
!. sir and especially tho mode in which they
/ arc judicially defended, of far more profound
character, of which you arc probably not
aware. The enactment of these laws, and the
trals under them, are not only awakening the
people to the cnormites and injustice of Slave.
~, but impellng their minds back to the ex-
animation Of the governmental power ITSELF by
which it is supported. They begin to question
the moral obligation of obedience to Govern.
mont, however legitmatoly formed, which is
based on principles opposed to what thoy deem
the higher law of God and when they see iu.
dicial decisions in support of so obnoxious an
founded not on independent Judgment, but ser
vile conformity to improved former opinions,
they naturally ascribc such judgment to the
influence of blasting power and station and