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

ture TO Which ras referred sua,dy petitions asking
the passage by tiis legislature, Of Joint resolutions
instructing Senators and reguestag our Repre
setdttUeS in Congress to all constitutional means
for tie repeal Of the Fagitipe Stare Act:
While your committee world strongly
deprecate any action. of your honorable BODY
upon the subject of slavery, inconsistent with
either our state or national constitution, so
would they equally depreeate any dis position
t. shrink from candid, temperate, and Dig
nifed expression of the settled convictions Of
the people of our commonwealth, upon the
general subject of slavery, and especially as
connected with the fugitive slave act. The
prayer of our petitioners rests upon their con
ylction Of the unconstitutionality of the law
which is sought to be repealed. Your com
mittee have therefore considered the subject
with special reference to this question. Ha-
wing investigated it with some thorougheness
and much care, the whole matter of basis for
this law is found to narrow down to this
single provision of the co. stitation, which is
as follows; mo person held to service or la
bour in one state under the laws thereof, esca-
ping into another, shall, in consequence of any
law or regulation therein, be discharged ftom
such service or labour; but shall be delivered
upon claim of the party to whom such ser
VICE or labour may be due" If this proyis-
ion does not clothe congress with power to
legislate upon the subject of slavery, then no
such power is to be found in the constitution,
and any such legislation must be in violation
of the instrument. Your committee fail to
discover any grant Of power to congress con-
tanned in said provision, and can only regard
it as compact, applicable to the several
states, and pledging thier faith respectively
to deliver up persons escaped from service or
labour, as specified, when claimed by the per-
son to whom such service or labour is due
The constitution regards slavery as local, or
state institution, over which the general gov
eminent has no control 1t will be seen that
the provision referred to, as enioning or
pledging the delivery of fugtives from SER
vice or labour, covers no national territory
whatever. And it is well to regard this point,
for it fully illustrates the care with which the
trainers of our federal constitution guarded
every avenue through which the general gov
ernment might be rendered in any manner re-
sponsihle for either the existence or continu
ance Of slavery. There being no grant of
power, either express or implied, in the con-
stitution, authorizing any Legislative action
whatever, by congress, upon the matter of the
rendition of fugitive slaves rupon the subject
of slavery III any form, your committee would
therefore submit the following as objections
against the law, which in their Judgment,
are of such character as to justify the prayer
your petitioners.
First--It creates an irresponsible tribunal,
which tribunal it clothes with powers alto
gether extraordinary and above the sanctions
OF either our state or national constitution.
Second--It pays apremium for corruption
in such tribunal.
Third-lt Illegally and oppressvely exacts
the penalty of violated duty, in case of mar
shals, when the responsibility of such officers
has necessarily ceased. ja t.a a
Fourth-It makes the expenses, incident
to the return Of fugitive slaves, in certain
cases, charge upon the public treasury.
Fitth-lt presses into It's service, as execu-
tion.rs, the whole bUdy of the people
Sixth-lt conWcts upon e&parte cyl 'ence.
Seventh-lt permits seizures without pro
Eighth--It annuls the writ of habeas cor
pus. nj be-
Ninth-It denies trial by jury. .as
Tenth-lt is plain lntractlon of state
rights,
Ecventh--It travels beyond state limits,
and protanes the national soil.
1t is, in the Judgment of your committee,
both nice and important point, in the adj
justment, as to the wisest graduation of the
responsibilities of judicial officers to their of
fetal powers, so as properly to guard against
ine,iiclency on the one hand, and abuse of
power on the other The fugitive slave act
wholly disregards this consideration, and ere
ates an Irresponsible tribunal with perfect
pleuary powers, without any regard to either
the ability or honesty Of those who are to ex-
ercise such powers. The history of judicial
stances Of comprehensive and profound intel
lectuality, surrounded by the wisest safe
guards, and the most weighty responsibilities,
proves nothing more clearly than that corrup-
ton Will at times, find representative on
the bench, even where the avenues to the
throne of justice are most perfectly and wise
ly guarded. What then Is to>be anticipated
| from ignorance, dishonesty and Irresponsible
ity, when sharpened to the commission OF
crime 10y the very law which eonters upon
them official power' Nothing but the most
disastrous results to all interests submitted TO
their adjudication. z~r--rr vts.1 r r.
This law confers upon commissioners
who are its especial creatures-powers far
more extended than are conferred by this
commonwealth upon her highest judicial tri-
bunals. To the irresponsible exercise of such
power any citizen may be yictimized. 1t
only requires claim TO be preferred, and the
person SO claiming, or his or her agent, may
Seize the victim without process, if it be pos
sible, and drag him before a stupid commits
soner, who is required to proceed IN a sum
mary manner, to hear and determine the claim
upon Ex PARrE evidence, under the stimulus
of bride, to decide favorably for the claim
ant 1t is of no avail under the operation
of this fugitive slave act, that the federal con-
stitution declares, that 1.-THE right of the peo-
pie to be secure in their persons, houses, pa
pers and effects, against Unreasonable search