Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-18


would claim that the criminals who have been
convicted of murder in the second degree and SEN
.enced to the Pententiary for life, could be dis
charged on habeas corpus, because the indictment,
contained no allegation of a purpose to kill an
ingredient of the oense, which this Court has held
material and substantive, and which they have
been unable to End in the forms heretofore used.
So in this case, if, under any state Of facts, ctil
zen could be indicted and punished under the
seventh section of the fugitive act for rescuing
slave although the other sections of the act in
pect to the mode in which escaped slaves may be
reclaimed we're unconstitutional and void we cannot
on habeas corpus look into the indictment found IN
court authorized to pronounce sentence for such
an ofense, and discharge, account of the want
of allegations which would have justified The Court
pronouncing the sentence, 60 arrest the Judgment,
or an appellate court to reverse it. If Congress
has power to legislato at oil, facts may exist in
which the legal right of the owner is conceded
even by the fugitive, independent of all legal pro-
ceedings and interference, might be punished.
The only ground, therefore, upon which the rel
ators can be discharged is, to go behind the sew
enth section of the act, and maintain, that Con-
gress never had any legislative power under the
Constitution of the United States to provide pun
ishment for person who rescues an escaped
slave.
This position, If sustained by the court, cuts up
by the roots all laws which have been passed, aud
all laws which may hereafter be passed by Con.
gress, relating to the reclamation of fugitives.
not only disposes OF this seventh section of the
act of 1850 now under consideration, but the
whole law.
Neither the case before US, nor the question thus
broadly presented, requires us to consider or de
termine the powers of the court to appoint com
missioners, or tie provisions of the law which
have been the ubject of discussion and condem
nation, and which have SO deeply agitated the
public mind. ....
The question before US is, whether the seventh
section of the fugitive law, under which those rel
ators wore sentenced, is a nullty, for want OF
legislative power in Congress, to pass any law
whatever relating to fugitives from labor?
1t will be perceived then, that we have no ques-
ton before US connected with the facts upon which
the prosecution of the relators was founded or
the mode of selecting the jury or the proofs or
the mode in which the trial was conducted; or the
errors or imperfections of the indictment; or the
consttutionality of any part of the fugitive act
except the seventh section, upon which the relators
were sentenced.
These subjects may have deep meaning and
an exciting interest to these reators and to the
public. But they are not in issue, or the proper
suhec. of discussion or argument in the determin-
alton of the question before US. They are, so far
as these relators are personally concerned, tring
and evanescent, compared with the consequent
ces which may result from tho present action OF
this Court; for if these relators discharged, ii
must be, | repeat, on the ground that the laws o
1893 and 1850 have always been void, and conse
ouently that these and all other laws hereafter
passed of any kind will now and from hencefortl
be persistently resisted by the State of Ohio.
say, henceforth persstenty resisted, because i
will be found l think that the same adjudication
which determines that Congress has no power tC
pass any law, determines also precedent, tina
the construction Of the Constitution shall depenC
upon the shifting of private opinions of every
judge in every State who is called upon to give il
an Interpretation, whatever may be the decision Of
the Supreme Court of the United States.
1t must be conceded that the power of Congress
fully settled by the decision of the Supreme Cour
of the United States as any other constitutions
question that has been presented for its determin
alton. Moore " State of Illinois, IA How. Is
Jones v. Van Zandt, How. 2l5 Prigg v. Com
Pennsylvania. l6 Pet. $50; United States v
Booth, 81 How. Rep.
The Court have held unanimously that mas
et;t &C tha nit tod 2tate SO
cures by express provision the right to the recla
nation of escaped slaves, the obligation to protec
and enforce the Constitutional right devolves up
on the general government. On the other hand
has been insisted that the rights of the master t
his fugitive slave must be left 10 such Legislation
of the different States as they may deem just an
expedient, and that the National Government
powerless to vndioate or protect his constitutions
rights others are of the opinion that the power
llegislate is concurrent in Congress and in th
States others that the Constitution of the Unite
States confcrs oil the power necessary upon owr
ers of slaves for their reclamation and that there
fore neither Congress the States can legslatt
others that the amendment to the Constitution
which secures freedom of religious belief, make
provision in relation to the reclamation of slave
subordinate to it, and by implication of no obi
CATION upon those who believe slavery sin.
The Supreme Court of Massachusetts has yer
fully discussed this question, and also the const
tutionalty of the fugitive slave law of 1850, an
held that Congress had authority to passa fugitv
slave act. Thomas Sims case. Cush. Rep. 2S'
: Common ealth Y. Griffith, Pick. Rep. ii.
e The Supreme Court of Pennsylvania (Kauffma
+ " Oliver 10 Barr, 5l4; Wright v. Deacon SER
and Rawle, 62) the Supreme Court and court
s appeals of the State of New York (Jack " Ma
. tin, IL Wend. 3ll; same case IA Wend. 5O7; !
! parteFloyd '. The Recorder of NewYork ii Wen
s lS0; Glenn '. Hodges Johns Rep. 67;) the S
!; preme Court of Indiana lGraves v. The Stat
# Smiths Indiana Rep, 25s l Carter 1868; Joh
d son ', Vanamringe, Blackf. BILL the Suprer
= Court OF illinois, (Thorntons case IL Illinois Re
It IS22, Eells ', The People, Scam. Rep. 4o|
t- s'-t. geo s1. 49,. -,.tst., sft e. k-.