New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-28

enete, and past doctOrlng
It is very common but a very great mistake to
suppose that the members Of the early Congresses
| had any advantage over in constituting the Con-
sttutiCn Of the United States, or that their acts
are 10 be taken as at all conclusive upon this point
so far as the history Of the formation Of the Con
| sttution affords any light toward its nterpreta
tion being, as We are, in possession of the printed
journal and Of Madison's copOus minutes OF the
debates, we Of to-day are in a position to have
much clearer ideas upon that point than could have
belonged even TO those members of Congress who
had also been members of the Federal Convention,
but who had only memory 10 rely upon for its pro-
csedings, let alone the great body of the community
TO whom the injunction Of secrecy made the whole
proceedings Of the Convention, beyond some vague
rumors or plausible coDjectures sealed book.
- But even had the members Of those Congresses
stood upon the same ground that we do, in this re-
spect and granting that their superior general
knowledge Of the feelings, IDEAS and circumstances
Of their own times, might supply the place of that
precise and specific information which the docu-
ments above mentioned have conveyed to us-we
have still another great advantage them since,
beside the text of the Constitution and the proceed
ngs and debates " hch attended its adoption we
have aleo the benefit of the labors of more than
sixty years bestowed by the Courts and the Bar
upon its Interpretation and exposition.
Inpoint Of fact, the members of the Federal Con-
vention, no less than the members of the early Con-
crosses, seem to have had, as to some points, but
an imperfect and confused idea Of the true
nature Of the Government erected by the Fed
eral Constitution. The old ideas Of the times
of the Confederation still fingered in the public
mind. No nconsiderable part of the legislation OF
the early Congresses proceeded upon the false as
sumption that whereas under the Confederation
Congress was accustomed to bring matters about, or
to attempt to bring them about, by recommending
the States TO do so and co. it might, under the new
system, still continue TO recommend with the add
ton that it's recommendations were equivalent to
commands and might, in the execution of the
powers that belonged to it, not merely employ but
also require, the services of the officers Of the
States.
A remarkable exemplifcation Of both these mis-
taken notions vas afforded By the act passed in
1893 in which Congress undertook TO regulate She
mater of the rendition Of fugtives from justice and
also Of fugitiyes rom labor. 1t was decided in ths
Prisz ease that, Sc far a. this act undertook to i'm
pose upon State judges and Justices Cf the Peace
the Business Of aiding in the return If fugitive
slaves, L outstrpped TN powers of Congress; that
the State officers milh. refuse 20 render any such
service md, by consequence, thas the State Legs
latures MS ht forbid them 70 do Nc. In fact, it
the exercl3s Of this power of prohibition on tie part
of most Of .he Free States, that led among 9ther
things TO- o. at least fJsned the pretext for the
passage of tie Fugitive Set of lS5o.
That part Of the act of 1893 whih undertook TO
-rescrbe to tie Governors If the Stltes the method
they should rsrsue in the SURRENDER Of fugitiyss
from justice, WIS no less Tiainly an assumption of
power; but ha' ing, for tAp sake OF convenience,
beeIa long time submitted TO before shy question
was started as % It's Legality, it has, Gown to THE
time been for similar reasons pre,sy generally
scte lupOn. In making kowever . mere iudict-
men. by Grand Jury, or eTon a comI laiut before
magistrate sufficient basis for a surrender that
act oprns the door 10 great abuses: and as the
FuCid7e Slave Act dee. not Hork remarkably well,
II g el3Nt-cdttItTN Jim ait Nhutu cl at
tempted to employ his olhtr act as Substitute for
il. the pariy whom il is tosired to Eidnap being
cain ID not as fue tive from service bit upon the
strength If bogus 1rrantS or indictments, which
slaveL siding Courts and magistrates ere always
ready enough 70 help in mauulacturir 8, as fugi-
i've fem justice.
The Legislature of Massachusetts Undetermined
to pui y stop to this ibase; aud bill las accord
ingly passed one anch If that lody giving
to persons claimed e. .ugtiyes froT justice the
benef 5Uf hearing md examination, in which a
prime freie case muss be made out against them
before they can be sug-sEdsrrd up to e carried ont
Of thu State. INDIE treaties 81 extradltiCO
with treat Britain France and 9th : nations, this
privilege Of preliminary hearing is eHjOyed-as in
the oase of the Frs1obmen whOsB examination
has hren 50 long pc .diag in this c E-before they
can DC given up; Or does any rctson exist nhy
similar precautions Si:nst abuses lnd false charges
should not be employ I'd in the ca of regulations
Ems hating from the sister States Independently
Of me special occalon for the passage of tbs act,
an act involving .he same pr sciples ought. as
N easure Of ordinary profession % the resident in
ha,itants to hay, been long q passed "A all the
States.
We have at .fDgth finish the rea ing Of the
9acial repOIt o. :be opinions Of the judges of the