Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-09-12

ize them to cOmeSn as States when they saw fit
with slavery, or without slavery, as they pleased.
/ Upon this provision the Supreme Court of the
United States would adjudge that Congress had
permitted the ingress of slavery into the terrific
rles by solemn legislative act. At all events,
there stands the door wide open, through which
the shareholders pass.
The Fugitive Slave Act was the third measure
| Here is the act which has been so lrequenty
commented upon, and which has been decided
to be constitutional by great many Judges OF
eminence and learning, bat which, in the face Of
all that array of learning, do not hesitate TO pro-
nounce as thoroughly unconstitutional as any
that Congress could possibly pass ! know il is
not very difficult thing 10 get a court to decide
aquestion of constitutional law in particular
way, and know that the Supreme Court Of the
! United States, and would speak of them with
/ no other than terms Ui respect-was constituted
| IN particular manner. Two thirds of the free
| population of the country are in the free States,
and one third in the slave States Well would
ask, how many of the nine Judges those two
thirds ought TO have? Six, you say, and that is
right And the one third should have three But
how IS II IN point of fact? The two thirds have
four, and the third fve. Well, this does not
come by accident, nor does it come by grace, but
! by regular design. The slave States have no
notion OF confding their interest in slave property
10 the adjudication of even the Old Hunkers from
the tree States. One would suppose they might
be toleraby safe there. Laughter But the
truth Is, they will not trust them much further
than they can see them. Two thirds, then, have
four Judges, and one third has FIVE. | do not
| Know OF any rule of proportion by which the sum
is worked out, unless 1t be by slaveholding pro-
| portion. 1t comes out right by that for that rule
is to take all they can get, and leave you the bal
| ance.
! But that Is not ALL They ascertain beforehand
the opinions ofmen in regard to this great public
| question. II the slave power is to rule this gov.
eminent, and the people will it SO, do not saw
that 1t Is not right to that the opinions of those
who are to be appointed judges should conform
| to the ruling sentiment of the country. | am not
sure, If my friend Hale had been elected Pres-
! dent, that he would not have looked to the opo
ions OF those he would have appointed Judges, and
II ne had appointed them, do you think the Fu-
! gltive Slave Act would have been declared con-
stllutlona? Laughter Now under these CIR
] cumstances ii is asking too much of US TO put nl-
! pliclt faith in all their decisions? probably adj
| dress some Of the farmers of the State of New
York. Now suppose they had controversy with
! bank, and they should come into Court and find
the Judge was director Of that bank, and seven
out OF The twelve jurors directors also, how
would they feefabout their case? What chance
would they have when this bank furnished the
judges and the jurors3 None at ALL SO take
upon myself to question, and with some degree
oil boldness, the decision Of this court upon the
SUBJECT OF the Fugitive Slave Act But find.
also, such men Chief Justice Hornblower, of
New jersey, besides eminent Judges of this and
| OF other States, who do not scTuple to pronounce
TINS law unconstitutional, upon the ground Of the
absence OF power IN Congress TO egisate upon
the subject
| say further, that any argument which proves
tODUrpSS iho IF
upon the Fugitive Slave Law, will establish The
constltutionallty of the alien and sedition law
Further, any line of argument which gives TO
Congress the entire control of this subject under
the special powers delegated to the general gov
eminent, will make it a consolidated government.
and sink the States into mere departments. like
the departments of France. | feel a jealousy of
the encroachments of the federal government-
do not believe we have any real practical secu-
rity for our republican liberties except in main
tanning undmlnished and intact the rights Of The
States upon every question which relates to the
liberties ofthe citizen. Applause
deny then the constntionality Of this law
have denied 1t In my place upon the floor in the
Senate, and upon one occasion was surprised TO
Ind one Southern man, who adhered to the same
old doctrine of Stale rights and denied it too.
alude TO Mr.. Rheu OF South Carolina He de-
MED the consttutonality of the Fugitive Slave
Act for want of power in Congress to pass it,
But If Congress had the power had it the pow.
er to set aside the right of trial by jury? In The
State OF Kentucky, when the question came be-
lore the Court Of Appeals, and the right ofirla by
jury was denied in the case Of iii berry, because il
was not oil the value mentioned in the ConstIlu-
ton, the court said that the right of liberty was
G6o0e alt Uatue, and that therefore the constitu-
ton which secures the right of trial by jury Sc
cnTed tin the case Of personal liberty.
lake 1t upon the other ground. fit is mere
question oil property, it is between the man who
claims himself and the man who claims TO own
him. And is not man worth more twenty dol.
lars? BY The shareholders own standard. there
Is not child SO small that he is not pecuniarilv
worth more than that. ! saw letter lately, writ.
ten from louisiana by the editor of the New York
Express IN which he was describing the beauties
OF Folks plantation President PoIk's-apd
alter going on TO recount the agreeable way in
which the slaves live upon the plantation, he tells
US That children on this plantation are worth 800
piece Qaughter) Mrs. Folks children IRE
newed laughter) Now take this clerical stand
ard, and you have even then value which brings
them all within the range of the constitution
Then there are other provisions iniths law, but
! VIII refer to only one Of them and that is the
extraordinary provision which brides the Judge.
Burke III his celebrated speech in favor Of conc
alton with America has sentiment like this
1.-THE Judge who holds his courts in unusual places
Is tyrant, and the judge who partakes of the
fruits OF his own administration is robber -
mat describes the Commissioners Court exactly.
| LApplause.] Are we to be told that the bride is
only hive dollars, and that a man cannot be innu-
enced by that sum- According TO my humble
Judgement, man who would send a fellow.crea.
lure INTO bondage under this act, could be pur-
chased by a. less sum than that [Appause.1
Most OF You have served upon jures. Now, if a
man upon the jury were offered, and accepted
sum OF money, however tri6ing, would you serve
with hum Certainly not and q verdict render
ed win such corrupt juIyman in the jury box
would be set aside. Suppose Judge were 10 re-
celye bnbe toinfuence his judgment, he would
De liable TO impeachment, be deprived of his Of
hce, and the very judgement he should render
would pass for nulIity. And would like to
see me man, who has before jury, who
would be willing 10 have il understood before he