Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-12-31
Last Nights Report.
XXXVIth CONGREss--FIRsT SESSION.
WAsnISGToK, Dec. 80


XXXVnh CONGRESS--BIRST SESSION.
WAsnrSoToE, Dec 80.
HOUSE.
Mr. Stanton, IN reply TO Mr.. Boyce, said, az
he understood the position of the Republican
party on the fugitive slave law, there were diff
ierences among them as TO what fugitive
slave law should be and whether the provisions
of the Constitution makes obligations On a
State to provide remedy, or whether 1t belongs
to Congress For himself If II were an original
question, he should hold that the power was
vested in the State, but as it is, nc held to the
contcmporaneous construction of the Oonstitu-
ton which had been actod on by all departments
of the Government and which have been acqui
esced in by the people and ought to be reoog-
nized and so conceded tc by the constitutional
power of Congress to pass fugitive slave law,
So far as the law of 1850 was concerned, he
did not believe it was constitutional in its de-
tails as to tho mode provided for making proofs
Ho wanted a law which would be available, but
not to encougage kidnapping undertho color Iaf
law and capture Of persuns not slaves:
The judicial power Of ihe United States is
vested by the Constitution IN Judges, appointed
by the President and confirmed by the Senate.
! And he held further, that when the fugitive
slave law authorizes 1 commissioner, appointed
by the Judges aud not by the President and
confirmed by the Senate, 10 sit in judgment ss
| to whether the person arrested is fugitive or
not it s vesting Constitutional power where
the Constitution does not authorize it, lie held
the law to be unconstitutional in this; il de-
prives the party of the right to habeas corpus
10 test the question as to the process under
which fuGtiyes are claimed and whether il ~
confoTmabie TO the law, and whether OF not there
| is pretext to put into slavery free man. lie
knew In point Of fact that that law Is grossly
abused in the free States. He knew men were
constantly kidnapped under color Of its pro-
visions. He knew person in Ohio who had
received letter asking him to give descrip'
tion Of some free negroes, the writer saying he
would find masters for them. Hence these diff
| fculties arise.
Mr. Cox in the course Of his remarks, refer
ing to Mr.. Stanton, said that he was not the OK
ponsnt Of the dominant party lie was ma
hogany whig slightly vanished over with
Republicanism. Tho Republican party is all
sectionalism when you 60 to Ohio, but here 1t
attempted 10 mako the country believe It was
national to give 4 the odoT Of nationality.
Mr. stanton claimed to understand as well
what the Republican party is as his colleague -
Ho was quite as much Of an exponent Of It's
principles as his colleague was lie wos a
member Of that party in good standing. His
colleague mistoOk when he said tue Republican
party OF ONO 10 hecslohal' Aho hepuohVAhs "
ohio 90 for the Constitution as II was framed
and constituted for sixty years after II was fra
med, and they will make their platform
and for its support will quote the Opinions o
the fathers of the Republic,
Mr.. Koinger Of Pa. said that he had heart
Republicans deiine their position. which he al
one OF the peoples representatives did not al
all times endorse. He thought il time TO say
that he and those elected with him on that tick
ct camo from Pennsylvania on an issue entirely
distinct from a disturbance of law. Twenty
two out OF 20 members from PennsyvAnia owl
their seats principally 10 their principles of pro
lection to American Industry, as well % 10 tn
resislanee Of the further extension Of slavery
Let gentlemen follow out the suggestions OF th
President and give US specific instead OF ad va
loren duties. They need not fear that the OF
position members would in this cong,es
disturb the Compromise Of the Constitution 9
the laws as they stand on tho Statute Book N