Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1853-04-15

ecu, ana IL 1urtner says that the finding OF
the commissioner shall be final or conclusive,
land shall prevent all molestation of such per-
son or persons, by any process issued by any
court, Judge, magistrate, or other person
whomsoever," while ren,anding the individ-
uai claimed. A more fragrant and tyranical
assumption of power, and a more disgraceful
and tremendous exercise of it than are COM
petent to those who base their right of Off
cla action upon the iniquitous sanctions of
the Infamous provisions of this slave act, it
would be difficult to conceive Itviolates ey-
cry sentiment of humanity, every convict on
OF justice, and every principle of christianity.
1t over-rides and perfectly ignores both state
and national constitutions, by establishing
tribunal unknown to either, and contemptu-
ously violating the provisions of each. tits
above statute, constitutional or common law
provisions, for the protection and preservation
OF personal security in the enjoyment of those
rights pronounced by our federal constitution
to be the natural and inalienable gift of our
Common Father to each of his creatures
throughout the great family of our race and
IN the opinion of your committee it is a OIL
gantic legislative monstrosity, whose body is
cupidlty-the animating spirit of which is
tyrannieal conservatism of criminal ambition,
and lust of irresponsible power.
This fugitive act converts the entire do
main within the wide boundaries of our
Union into comprehensive hunting ground
wherein to scent out human victims, and
presses into the chase every good citizen of
our million of inhabitants.
The farmer may be forced from his plough,
the mechanic from his shop, the merchant
from his desk, the day laborer from his toll,
the lawyer from his brief the physician from
the bed Of the dying, and the clergyman from
the sanctuary,-in short, the commissioners,
with the persons appointed by them to exc
cute their processes, are authorized to call to
their aid the POSSE +coMITArus," and the
law proceeds still further and commands all
good citizens to aid and assist in its execu-
ton.
The law itself being repugnant to sound
reason and justice, and i'll conflict with the
plalnest provisions Of the state and national
constitutions, as well as with the "higher law
that Of the Almlght must there
fore be necessary departure from constitu-
tional authority in the arrogant demands of
this act. Congress has no right to press in
to the service OF the general government citi-
zens of Il sovereign state, with a view of com
peiling them to aid in the execution OF law
of doubtful constitutional authority; neither
Is there constitutional authority for making
officers responsible for contingencies which
they can IN no way prevent. This fugitive
act makes marshals liable to the claimant for
the full value of the service or labor of the
! fugitive Ill the state from whence escaped, il
after arrest the fugitive shall escape from the
custody of the marshal or his deputy, wheth-
| er with or without the consent of such mar
| shall or deputy. The officer may use all Vi
gilance in guarding his prisoner, and yet
under this act if the charge is wrested from
him, he is responsible for the value of the
service or labor Of the person escaping from
his custody. This is the very essence of des-
| potism--and most clearly what no govern
ment has right to impose upon any officer.
Again, your committee are Of opinion that
making the costs of returning tugitives to
the state from which they fled, a charge up
on the public treasury, is without warrant of
the constitution, and unjust, because unfoun
died in sound principle. While slaves are
held to be property, those holding them as
such must not seek to divorce them from the
attaching relations and laws bearing upon
aud governing the acquisition, holding, and
reclalming OF property. If horse escape in
to- or be stolen and conveyed into a neigh
boring state, and pass into the possession OF
other than the rghtful owner, the real own
er may pursue such property, and by fair
and impartial jury trial test the ownership.
Having reclaimed his property howe, er, he
must reconvey it to the place from which it
escaped at his own proper expense; unless,
indeed, in case of recovering damages suffi-
cient to cover such expense. 1t can in no
wise be regarded as a legitemate tax upon
the public treasury. 1t would, however, be
extremely difficult to understand why the
charge for returning the horse would not be
as legiti nately one of that character as would
a charge for returning fugitive slave.
The tenth and eleventh specifications OF
objections to the fugitive slave act, are such
as must convince every candid investigator
| of the unconstitutionaity of such act. That
it is a plain violation and usu,pation of state
| rights,can be seen by any one who has come to
anything like clear understanding ofthe rela-
tive right and powers of the general and state
/ governments. AS before expressed your COM
mittee are of the opinion that the general
government has no Legislative power over the
subject of,slavery. Once admitted that such
power does exist, and it at once opens
the way TO the total abolition, as we'll as sup
port and regulation of the same This would
be altogether too much for the friends of the
institution. 1t is perfectly apparent from the
character of the constitution, and from the de-
| hates which transpired during its formation,
adoption, and subsequent amendment, that 1t
was the design of the trainers of the instru-
ment, to totally divorce the general govern
ment from the Institution, and to place the
entire responsibility of its existence and con-
tinuanee with the States. So tenacious were
they in this respect, that they would not ev-
en- allow the word SLAVE. a place in the in
strument, lest they should thereby seem to
admit the, idea OF property in man.
| The men who framed the constitution
were not those of ordinary capacities, gathe-