The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1855-03-09

er pleaded before the Justice, aud before
he Supreme Cunri OF the Stale, and beiore
he Court OF Appeals OF the State, ,ha, none
but Federal Cour, could assume juTisdic-
lion in The case. When his plea was ii.
nally overruled in The Cotr, Of last resort
in the Stale, he appealed from that decision
10 The Supreme Court OF tie Cnl'ed States.
The Cour, affirmed the decision OF the
State Court, and thus defined the law 10 be,
tina, United States officers are amenable 10
civil actions in the State tribunals. The
law now remains Us is was then expound-
ed, and 50 IL has always stood since Tho es-
adjustment Of the Constitution ITSELF II Is
wise and beniiceni, because 1t surrounds
the citizen with double safeguard against
exiorlion, oppression, aud every form oil III
Justice committed by The authority or IN The
name of the great central Executive Pow.
or. The second Guet,jon rs, What IS The
nature aud extent OF the change which you
propose 10 make BY the bill which is under
consideration Tina, question is arsweIei
in word. Whenever the rights OF eth
zen are invaded in any Stale within The
Union, BY person holding commission,
whether civil or military, from the P'esi'
dent OF the u. s., he shall benceiorlli have
only single safeguard, instead OF Thai
double panoply which has hitherto shielded
him, aud he mus, either iore.o redress or
seek il Ia o tribunal OF the Uui,ed States, IN
which Justice is administered BY Judges ap.
pointed by The President, and the Senate,
and irremoyable, except on Impeachment
By the House Of Representatives: and, there
!ors, res ponsible in The least possible degree
10 that wholesome public opinion which Is
The guardian OF public iIboiy. Every
postmaster and his deputy, every marshal
and his deputy, every mail.con'rac,or, eye
ny siase.driver, every iitle.wal,er, every
lieutenant. every ensign, and even every
midshipman, will be- independent Of Stale
authority, and when prosecuted before II
Magistrate W Court, Ia the immediate vic,
mage where his oifense is committed, will
defy the party aggreved, and remove The
ariion commenced against him into Fed.
eral tribunal. where terms are rarely held,
and than in remote and practically mae
cessibe places. oie hall OF the power re.
siding in the States is thus 10 be wres;ed
from Them at a single blLw, aud they will
hencelorlh saud shattered monuments Of
earlier greatness. No such change rs this
was anticipated BY the fame!s Of our Fed.
eral and Slate Constitutions. They osiah-
lished the Federal Constitution chiefly for
the protection OF the whole country ugains,
foreign dangers. They gave 10 il a stronger
Executive Than they gave 10 the States, 70.
ispeGi;rS!f. They established the State
Constitutions chiefly II; he protection and
defense Of personal rights. They knsy
that this Central Government, would grow
s,ynDger and stronger, aud would ultimate.
y become 81 imperial power. Ii has real.
ized tha, expectation, and has become even
a Continental Power. Hitherto he citizen
has enjoyed his double safeguard. Why
sAa!l tne.half OF his panoply be now torn
away from him A! VIVA, lawful aud proper
objec, Of the Federal Government, has fail
sd to be- obtained by reason OF the exercise
OF jurisdiction by Safe authorities over ofi-
Gers OF the Uuiied S;alesl None. Why,
then, shall the ancien, law and cus,om be
lchaugsd! l. there danger that the citizen
will be too secure under that double pro-
lection oil the State Courts and Of The Fed.
eIal couT,si That WAS nc, the doctrine o.
The caller days, aud tina, is no, sound doc
irine now.
- u y
Mr.. President, all this trouble arises on,
OF the FUgilive Slave Law. The iransac
ton in which we aye engaged is by no
meaDs The first act OF a new drama
/ You BEGAN here, in 1893, 10 extend
! Into the Free States, by the exercise
OF The Federal power, the war Of races-ihe
war OF the master agains, the slave. The
Fugitive Slave Law, which was then pass
eel. became Obsolete. Though no great
Inconvenience was sustained, The pride OF
the slaveholdiug power was wounded. In
1850, you passed new Fugitive Slave
Law, aud connec,ed'il with measures de-
signed to ex,ead the Territorial Jurisdiction
VI the United States over new regions, with.
out inhib,liae Slavery. You were told al,
that time, rs distinctly as you are told Tor
night, that your new law would not be ex.
eGuied. aud would become obsolete for The
same reasons that the old law hal become
obsolete iha, The failure OF the old law had
resulted, not !IUm ill., want OF siringency,
bu, tom IL TOO great si,iugency. You
were told thea, as distinctly rs you are now
told. that your new law, with all lis ierrors,
would fail, because, like the old law, and
more than the old law, j, lacked The ele-
Inen,s To command tho consent aud APP
prevail OF the consciences, the sympalhies,
and The Judgments OF a Free People. The
new law, howeyer,was adopted in defiance
oi our protest That i was an act OF Federal
usurpalion, that II virtually suspended The
wit oil hdbeas corpus, that it unconslilulion.
ally denied a trial by jury. and il virtually
commanded Judgment otpcrpe,ual Slave.
~ 10 be summary rendered, upon CT parie
evidence, which tue party accused was uol
allowed to iefu,e in the due aud ordinary
course OF the common law. You adopted
new anl oppressive penalties. in answer TO
all these CIRCUMSTANCES (; ant, under threats
and alarms for the safety Of the Union, the
Fugitive Slave Bill received The sanction of
The Congress Of the United States, and be.
came a law. That was the second aci.-I
When murmurs aud loud complaints arose
aud remOnSirances ramc in ircm every side
you reSoned 20 an old aud much abused
experiment. You broreh, all the area, po-
liical parties in the United Safes into a
coalition aud league TO main'ain this law
and eveIy word aud leIier Of i, unimpaired,
ahd TO perpe,ua,e j, forever. All your 9th.
er laws, although they nigh, be beneiiceni.
and productive Of human right. and Of hui
man liberty, could be changed, bu, This one
unconstitutional law, so jerosaiory from The
lights OF human naInre, Was singled oul
rom among all The rest, anc was To be, ike
the laws OF The Modes aud Persians, de.
cree inrever. This was the third act
Aud where ate you INV! II is only five
ieas since the Fugitive Slave Law was
passed. You have poured ont treasure like
waller TO secure lis execution. The public