New-York daily tribune., 1854-07-12

in favor Of bis FREEDOM any State or territory wnere
the legal presumption is against ms irsT1s r ,ho,, a.
Is not this deprying person OF ho,'s "I'.oa. ~ uae
process of law Other Courts and oherJ una! pro-
nounce this provision OF the act OF lsso 70 DC con %
ormiy with that provis ION OF the Con-i'n'y :. ~, h,,
claros that no person shall be depnvei oi NE, hoyrf
or property without due process OF law. OUT Nnne
have mind and conscience to dictate s, 40
an oath 20 support the Constitution OF the n'e9 So
resting upon my soul cannot ~ declare H. anu '' ~
price OF worlds, | viii not.
Upon this branch of that act am not aware thf here
tas been any adjudication Certainly there ns' oeeh
that can be claimed authority here The same
may be said in regard 10 the trial by jury There are
other points equally fatal this when tested by the
Constitution, but have not time inclination now TO
discuss them.
ought dismiss the consideration Of this qu son
without particularly advertng 10 the of PrIgg
TIE Cam s.oArsaih of sraHa iG fcfrs RcD $40.
The opinions in the other cited conflicting,
casual or incidental 10 be Of fce; and Of the
Of Prigg rs PcH. il may be justly rem Tked that the
discrepancy OF Op MON among the members OF the Court
was so wide and fundamental greatly impair the
,hority of that decision Ii atrms the cossuiionaiy of
the Of 1893 uIOn cotempOraneous exposition IN one re-
srec and expressly defes the same rule II another for
pronounees the act constitutional IN pa and unconsttu-
ior al in another part. Whatever OF authority mly al
iach II in consequence OF the character and cmnen'e
of the who passed L. and Of him who si5uei H. Is ei-
ftcudy couneraoied by the decision OF the Cout ina IN
ore part of il least the Constitution violated 20
temporaneous construction confers the power OF lesa
ton and execution upon the States as well as Congress
for long before Congress assumed 10 act apjn the Subject
tie State Legislatures had passed laws in fidelity "a the
conpsct, in most Of which some OF the framers Of The
Constitution had seats and all OF the slave >Iate-, AMI all
nearly all the free States continued 10 exercise the power
up 10 a very recent period
Coteuyoraueous history. cotempOsancous exposition.
early and long continued acqueseence, oil go 70 show the
Interpretation gwen 10 THIS provision OF the Con,tItuono oy
the States and the people The slave States passed acts
10 execute the compact, The free States did the
The action OF the several States many of them shows
concusvey that they Interpreted the provision as com
pact merely addressed 10 the good faith of the States
The slave States appealed TO the free States for legislative
Gcon carry into effect this provision Of The Federal
Constitution, and demanded NJ the latter the stern eNer
else of power which Is soug 10 wrest from them
In ls26 the State OF Maryland appointed Commissioners
attend upon the session of the Legislature of Pennsy
varia and induce the latter pass act 20 facilitate the
reclamation OF fugitive slaves. Their mission was sue
cessiu PeDnsy vania yielded 70 the solicitations Of Ma
~ lands Commissioners and passed the act of s26, which
afte!waTd declared void by the Supreme Court OF the
United States in preg Pennsylvania. In ls]o or 1881
similar Commissioners appointed by the State of
cnucly the StasOf Ohio, whose mission resulted in
the passage Of most stringent fugitive act by the Leg
ature OF Ohio 80 als0 abou. the same time in regard
TO indiana and believe Illinois, Up to 1887, the States
esteemed their duty and slave States demanded its per-
ocance provide by law for the execution aud faithful
OF servance III this compact All seemed To regard it
compact and nothing ese binding, II true, and opera
tive as law equally upon ai but still compact, and
compact only
mclt OF Mr.. Justice Story is based upon what u 'omess
called the pt0 priHcp lie asslm that the COnsiiin-
ton makes the duty Of the Federal Government 10 en-
tLen iners that it must necessarily have the power and
then if Congress has IT, the States cannot have it.
All admit that there no express power IN ihc Consttu-
ton leei.lae upon this subject but j. is c!amed 20 be
necessarily implied, incidental 10 the grant of Judicial
power The reclamation Of fugitive is st decided to be
case arising under the Constitution of tho United
States and hence within the judicial power. But this
mode implying powers never be sustained The lu-
diCsl power ia extended in several respects beyond III
legislative power The judicial power has jurisdiction IN
cares arising between the citizens of different States
citizen of New-York NAV sue citizen of Wisconsin upon
promissory note bill OF exchange, covenants IN deed,
partition o real estate zen IN eoc meat Tor the pos
SER ion ore to lands. Ii power OF legislation may,
therefore, be grated by mpcaiicnupon Judicial power,
Congress may the whole power 0 legislation over
tlse subjects in the respective States and necessarily ex-
clude State legislation, ant accomplish at blow, the com
pte prosiraOn end overthrow Of the State sovereignty
Other Illustrations eht he given To Illustrate me danger
OF engraftiDg legislative power upon Judicial by impi-
,aiion This was tried 1t early day and by the same
OF reasoning common law jurisdiction was claimed
for the CoUIts of the United States and power ot egsa-
ton over all law subect clauned By implication
in Congress The Alien and Sediiion laws were chiefly
defended on these grounds.
Again, this case explicitly decides the claim of the
10 fugitive slave 10 be ease within the meaning ot
the Constitution Hence it is SUIT not IA admiralty or
equity and hence common law within The meaning of
the Constitution. II also decides the determination o me
claim to be Judc proceeding and bases the powcrof
the Federal Goyernmen. in the premises upon the grant
OF judicial power and the power of legislation ia assumed
be incidental that All these points, winch are held
be 1dpdeata, strike at the very vitality OF the act
of $50 which pts TO confer such judicial power upon
con nssloners. Time will not permit further review of
this In my Judgment the opinion OF tho Chief JUS
tce completely oyerthOws that OF the Court and so TAR
he attempts 20 argue his points, beyond DOUBT or con-
troyersy establishes the doctrine here cOntended for.
In view Of the disentent opinions OF the members OF
the Supreme Bench in view of the discrepancy OF opinion
which hes characterized all other decisions wherein the
question hes been raed and argued in view OF the fugi
tive character of the power here claimed by Congress
leapng from article TO article from section to secon and
from clause 20 clause hoving now over grant then over
IL
around incident find whereon it may rest lis foot
in view of the alarm which has seized upon many OF the
States in consequence of The enormous power when II
has called upon Congress to in its behalf aud the
deep which 1t seeks to hict upon the rights and
eregny OF the States and upon the great principles oil
human frt edom; in view of all this not justified
in asking of the Supreme Court Of the United States to
review their decision the majority 1t IN the
OF Prigg vs.. Commonwealth OF Penn .
On the contrary Chief Justice Ianey IN his dissenting
opinion though he admits the right of Congress to egs-
late but does not argue it, thinks the compact peculiarly
eDions the duty upon the States. -
Ii after all the principles Of that decision shall be rea
fmcd there still remain the great questions of trial by
jury tie unauthorized delegation of Judicial power the
parte proceedings without process, which change the
status of the persOn hose liberty attacked ana some
others, untouched and undetermined
We thus lind ourselves without any authoritative Judi
ca guide in relation 20 the act of 1880 The fundamen
tai questions here raised have some OF hem been conro
ver.d for some years and those which was the design
settle in the just quoted remain yet az fruitful
subjects OF bitter discussion and discodant action Tor II
may De uitt tHit ucSt9i'''
been deemed satisfactory, but has oen been called IN
question Oh both sides OF the controversy Other ques
tons here presented have not been settled Jndclay but
yet every Court and judge bound to consider and de-
termine for I.sef. according 10 lis best Judgment
What then be done Let the free States return to
their duty they have departed from il and be faithful TO
the compact in the spirit in which II was conceived
and adopted. Let the slave States be content with such
an execution OF the compact the trainers Of contem
plated. Let the Federal Government return TO the exer
else of the just powers conferred by the Constitution, and
a. be-
tie nation or To oppose by word deed the due execution
81. H., th; ia dane 1 solo niv