Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-25

they remained, fter the transfer the same as they
: were before-articles of compact, and nothing
: else.
conclude therefore, that the States are bound,
in fulhllment Of their pghted faith, and through
the medium Of their laws, legislation and function
aries, to deliver up the fugitive from service or la
bor on claim Of the party to whom such service
or labor may be due under the laws Of another
State from which the fugitive has fed But the
federal government has nothing to do with the
subject, and its interference is sheer usurpation of
a power not granted but reserved
But, IL is sad the question is settled, and our
argument too late, deny that il is settled
The Federal Legislature has usurped power
not granted by the Constitution and federal ju-
dietary has, through the medium of reasonngs
lame. haltiug, contradictory, and Of farfetched
implications, derived from unwarranted assump-
ons and false history, sanctioned the usurpation.
| deny that the decisions Of an usurping party in
favor of the validity of its own assumptions ca
settle anything. 1t is true that the courts and leg
islatures Of several OF the States have decided in
the same way; but they have been decisions OF
acquiescence rather than of original and indepen-
dent inquiry. The fact that such jursts as Horn
blower, ,Walworth and Webster thought on this sub
iect as l think, shows that the question is not
settled. The fact tina: majority of my brethren,
as understand them, admit that if this were a
new question they would be with me, and that they
yield the strong leauings of their own minds to the
force of the rule of res odjudicata alone, proves
that this question is not settled The truth is, it
is not until recently that Il mass of intelligent
and inquring minds in this country has been
brought to bear upon this question. 1t required
the enactment and enforcement of the Fugitive
Slave Act of 1861 overriding the most sacred and
fundamental guarantees of the Constitution, and
disregardng in ITS provisions the decencies CT
legislation, il for the very purpose of irritation
and humiliation, and the fine and Imprisonment
under it of phite men for the exercise of the in.
stinctve virtues of humanity, to awaken general
inquiry. That inquiry is now going forward.-
And so surely as the mntured convictions of the
mass of Intelligent mind in this country must ul-
tmately control the operations of the government
in all its departments surely is this question not
settled. When it is settled right, then it will be
settled and not till then.
But cotemporaneous construction is appealed to.
admit it's weight and it's title to respectful con-
sideration. But cotemporaneous construction
speaks with divided voice. 1t is true Congress
az early as 1893, egislaed for the return of fugi-
tves from labor. But nearly il not quite every
one of the old States also legislated on the same
subject in fulfllment of what they deemed matter
of constitutional obligation resting on them. And
such legislation on the part of the States, old and
ntw, continued until the Supreme Court Of the
United States, in the Prigg case, as late as lS42.
| (16 Peters, $780, assumed for the federal govern
ment exclusive authority over the subject. And
those who appealed to cotemporaneous construction
should themselves respect it, From the founda-
ton Of the government until within the last ten
years, Congress claimed and exercised without
question, full and complete legislative power over
the territories of the United States; and as early
as 1928, in American Insurance Company v. Can
ters, Il Peters, $40 the Supreme Court of the
United States, Chief Justice Marshall delivering
its opinion unanimously decided that in the terri
tories Congress rightfully exercised the 'combin-
ed powers of the general and of a State govern
mcnt". Yet, in the recent case of DrAd Scott v.
Sanford, no IIaward, 393.) all this is overturned
and disregaIded, and the whole past theory and
practice of the governments in this respect
attempted be revolutionized by force of judicial
,pse dirt. We are thus invited by that Court back
to the consideration of first principles, and neither
it nor those who rely it's authority have right
to complain if we accept the invitation.
know of no way, other than through the action
of the State governments, in which the reserved
rights and powers of the States be preserved,
and the guarantees Of individual liberty be vindi
Gated. The history of this country, brief as it is
already slows that the federal judiciary is never
behind the other departments Of that government,
and often foremost, in the assumption of non
granted powers And let it be finally yielded,
that the federal government is, in the last resort
the authoritative judge of the extent of its own
powers, and the reservations and limitations of the
constitutions which the trainers of that instrument
so ealously endeavored firmly to fix and guard
will soon be, if they not already, obliterated ;
and government, the sole possessor of the only
means of revenue, in the employment of
which the people can be kept ignorant Of the ex
tent of their own burdens and with its overshad
owing patronage, attracting to its support the am
bilious by means of its hOnors, and the mercenary
through the medium of its emouments, will speed
lily become if it be not already, practically omnip-
otent. 1|.
These were my opinions, freely declared, for
years before / had the honor of seat on this
bench; and; having learned nothing during the
pendency of these cases to change. but much to
confirm them, ] know no reason why should hes
/ itate to avow them now. t-
l give my voice in favor of the discharge Of the
relators.
EFFECTS OF EMANCIPATION.
The London Morning Star, of May Both contains
| tho nrooaadin0s of tho Rritish and fnra;on A