Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-14

GOd--can carry into effect laws directly opposed
to his, and say that the "higher law" is nothing
when we know that we all must ere long bow
to this same "higber lawl" Although do not
eXpeSt to reverse the decisions which have been
issued from Federal and Superior Courts on
this question, l deem it my duty to utter at
all times my views against such decisions.
take issue with the learned Judge Mclean on
the subject, and declare that the Constitution
would noye, have been adopted had the North
ern people kncwn one half Of the evils that
flow from it, and it was adopted under protest.
II is claimed that an excitement prevailed in
the town of Oberln in relation TO the matter of
returning slaves, fugitves from service In
these latter days the words Of owing service
are omitted and the negroes are called simply
"sIaye." But, sir, | know very well that no
man could hold the office which you do sir, un-
less he would agree to return fugitives to slave
ry, and my friend Judge Beldcn would not hold
bis position unless he had made the same agree
ment. lie has changed rapidly in his views,
for few years ago at a meeting at Columbus
he told Inc that he was a candidate for the Gov
ernorship of the State of Ohio, on the grounds
of having voted for Martin Van Buren,, while
/, better Democrat than he, voted for Lewis
Cass. CJudge SPAULDING here read the follow
ing resolutions reported to an indignation meet.
ll4 utlu lA OAoNtlaliu pboh dlbtl VIC BdubdEG VI
the Fugitive Slave Law, Judge WILSON being
on the Committee on Resolutions.
l. Resolved, That the passage of the Fugitive
| Law was an act unauthorized by the constitution,
hostile to every principle of Justice and hman-
ity and, II persevored IN, fatal to Human Free
dom.
2 Resoloed, That that law strikes down some of
| the dearest principles upon which our fathers
predcated their right to assert and maintain their
independence, and is characterized by the most ty
ranniCal exercise OF power; and that 1t cannot be
sustained without repudiating the doctrines OF the
| Dec aration of Independence, and the principles
upon which all free governments rest
| 3. ReSOlued, That tyranny consists in the wilul
ly violating, by those in power, of mans natural
right to the personal security, personal liberty, and
private property; and it matters not whether the
act is exercised by one man or million OF men, Il
is equally unjust, unrighteous, and destructive OI
the ends Of all just governments.
4 ReSOiped That regarding some portions of
| the Fugitive Law az unconstitutional, and the
whole Of il az oppressive, unjust and unrighteous,
| we deem it the duty OF every good citizen to de.
| nOunce, oppose and resist, by all proper means,
the execution Of said laws, and that we demand its
| immediate and unconditional repeal, and will
uot ceaseto agltate the question, and use all our
powers to secure that object until it is accomplish
ed.
5. ReSolDed That we recommend that ameetng
of the citizens OF this county be held at Cleveland
| on inc -ulu ud1 VI OtlObGI luhluult W GOuelutI
said law, and take such action thereon as may be
deemed expedient,
CThese resolutions created quite sensation
in the court room being thus indorsed by Judge
Wilson. spaulding, then read from the act Of
1893 for the recovery of Fugitives.)
My lrst point is that the Cangress of tie Uni
Ted States had no more right to lay down sucl
laws for the recovery of fugitves than have a
humble citizen of Ohio
know that this convention which adopte,
this clause did include some of those men VIII,
framed the Constitution, and know too, that
was only at the close of tho convention
: at the earnest solicitation of members iron
South Carolina, that this clause was inserted, ant
, the words "persons owing service, r." instead o
"slaves" showed the repugnance which th
4 majority Of the members felt to the name an,
{ nature of slavery, and as it was left il applie
e | equally to those who had come to this cOuntr
1 | and bound themselves to the masters Of tn
r vessels until their passage should be paid as
It negro slaves.
e (Tho speaker here reviewed the coRstituto
c and enactments relative to this subject and III
!, progress of the slave trade and intomation
e slavery, from that time, with the opinions
or many distinguished men of the land upon Il
y evils Of the systom)
~ Gentlemen, we will do well to reflect and
a. act before our children are taken as slaves
,r is claimed and said that no slaves arc mol
"a than half white, and this man Mitchell ga,
4 there are hardly any slaves who have tn
q. amount Of white blood, and yet there is bo
n (ponting to boy of about IL years Of age
= the court room, who was as white as thre
h fourths of the northern boys,) who six montl
~ ago was set free in this city, having been
slave in North Carolina, [Sensation
II. But secondly, do not believe, with the ge
n tlemen of the prosecution that the master Ia
4 the same right over his slave in the State
va Ohio that he has in the State from which
ey fed. lie has, according to the law, only u
70 Same right TO come and get his slave that
,d has TO get his horse, and no more.
as Thirdly, | say that the act of 1850 is unco
q. sttutional because it gives 10 Congress the rig
". to provide pains and penalties to be visited U
AL on citizens of Ohio who are not in truth, a
swerable TO Congress for their acts in this M
ter At the time of the framing of the Cons
,s tuition each State was free and independent
,a enact It's own laws The convention to dr.
the Constitution was called by the eoniederat
~ Congress of these States. 1t was not call
bo 10 form new form of government for the 81
al eral States, but TO provide come extra legs
,ct ton upon certain matters. 1 agree WIN OuhT
,oS Pinokney, of South Carolina, that all powD
ar. not especially designated in the Constitution
,se belonging TO the Congress, are left to the 81
M, eral States 10 decide for themselves. This
gument like the flaming sword Of Cherubim
the gate of the garden of Eden, flashes ev
way One capital mistake was made in fra
ing this Constitution which should have bl
lg- corrected II gave to the head of the Judioi
Ii life lease of their Office and that Judiciary
a power entirely unchecked. This was d,
ra- in imitation of Great Britain, but il was oV
&C. looked that there is a power above the il
ciary in Parliament But here in our COun
ent we find our judiciary reaching out its Briar
ry arms until at this moment but little is left
10 State rights IL has got 30 fur that we can
- regulate our own taxation--cannot form a c
req sttution without reference TO this great trbu
~ at Washington Hence feel hound TO an
ave advert upon tho decisions of the SupTe
ho Court at that city, and this matter now ur
'Hh' trial should come before the State tribunal.
But again, / claim that this law is uncou
IN tutiOnal because il Oyerrdes the prior Virtu,
tue haJeas corpus. (Here read from numerous
an thorties as TO the designs and meaning of
in clauses in the constitution and after enactmr
ON, upon the question of slayery) / say that s
e .la- was the state Of public sentiment in the &
i'm. part Of the thirteen original States, that
tbs Constitution could have been formed wi
nvv should tend TO crush liberty in favor Of slaw
bet Hence, | claim that the defendant is arraig
tho here under am unconstitutional enactment v
doing what Is right in the sight of God and II
co. ality.