Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-06-01


Il appears, then, on the face Of the record
which Is made part of the return to this writ,
that here was person domi lied or soiourninr
in Ohio, free State, and therefore presumed
IN law to be free man, fuureasonably seized"
and "dopriyed Of his liberty" not only with
out due process OF law" but without the pre-
tense OF color Of any process whatever
This arrest aud custody was in direct con-
trayention of the fourth and fifth articles of
the amendments TO the Constitution Of the
United States. The rescue Of person thus
"unreasonably seized" and "deprived Of his
liberty without due process oflaw, n cannot be
crime; and any statute OF judicial procedure
which attempts to make or treat It as a crime,
is unconstitutional and void.
2. The indictment against Langston has two
counts; the first Of which is entirely similar to
that against Bushnell; and the second Of which
alleges a similar rescue of John while arrested
and held in custody under warrant issued BY
Commissioner Of the Circuit Court of the
United States, authorized by act Of Congress TO
issue such warrant, and, under the auhority
thereof, 10 arrest, hold and remove the person
described therein TO foreign jurisdiction.
The acts Of Congress referred TO clearly at
tempt to confer on these commissioners the pow
ers and functions of court; 20 hear and de.
termine questions of law and Of fact and to
clothe their findings and determinations with
that conclusive authority which belongs only
to judicial action And the issue of the war.
rant mentioned in the Indictment was judicial
act
These provisions Of the acts Of Congress re-
ferred to, and all warrants Issued under them,
are unconstitutional and void, for the following
reasons -
! These Commissioners are appointed by the
Circuit Courts Of the United States ony hold
/ ,ni q ~ ,.t.
paid by fees Whereas, by the express provis.
ions of the Constitution of the United States,
| Cart 2, Sec 2, and Art a, Sec ID the judicial
| iunctionaries of the United States must be ap
| pointed by the President, by and with the ad-
vice aud consent of the Senate, hold their off.
ces during good behavior, and receive fixed
compensation which may not be diminished
during their continuance in office
The warrant of such commissioner there.
fore, is a nulity; it could afford no authority TO
hold John in custody; and 10 rescue him from
such Illegal custody could not, by the law of
the land, be a crime; and therefore the impris
onnCnt of Langston by way of punishment of
such pretended crime, 10 an illegal restraint of
his liberty, and he too, ought therefore, to be
discharged.
III. These relators ought to be discharged,
because they have been indicted and convicted
under an act of Congress upon subject mat.
ter in reference TO which Congress has, under
the Constitution of the United States, no legis.
latvo power whatever.
AS to the correctness of this proposition there
does not rest on my mind the shadow or glm-
mer of q doubt
The federal government is one of limited
powers; and all powers not expressly granted
to it, or necessary TO carry into effect such as
are expressly granted to it by the terms Of the
Constitution, are reserved to the States Che
people, Amendments, Art. 10.
"No person held To service or labor in one
State, under the laws thereof escaping. int9
anolRgeiE. Therein be discharged from such ser.
vice or labor, but shall be delivered up on
claim of The party TO whom such service or la.
Dor may be due" Art 4, Sec 2.
This is the only clause of the Constitution
from which any body pretends to divine, or in
which any body pretcnds to find n grant OF
power to Congress to legislate on the subject
Of the rendition of lugtiycs from absr. | can
find in it no such grant The first part of it
simply prohibits State legislation hostile to the
J rendition of fugitiyes from labor. Such fug
tive shall not be discharged "in consequence o.
any law or regulation" of the State into which
he shall escape. "But shall be delivered up
BY whoml by Congressl BY the Federal
authoriiies There are no such ioOrdS; and nc
! such ,dea is hinted at This is evident from an
inspection of the whole of the preceding por
tion of this article.
J Art. A, See. /, "Fu faith and credit shall
be given in each State to the public act re
ords, and judicial proceedings of every othel
State. And The Congress may By general ialCI
prescribe he manner IA l5hieh such acts, records
I and proceedings shoH be proUed, and hs e6ec
thereof" Here, in the first place, is compac
between the States respectively Rgreemen
r of the several States to and with each Other
u that the "public acts, records, and judicial Pre-
y ceedngs,n of each shall have "full faith an
6 credit given to them In all. Had this sectio
0 closed here, would any one claim that il en-
C braced any grant OF legislative power to Con
Q gressl think not. Bat the trainers Of th
II constitution thought that Congress ought Z
3 have the power ito prescribe the manner !
q such acts, records, and proceedings, should b
/ proved, and the effect thereof" and hence the
" gave the power in express terms When the
'e intended grant of power to COngr6 IS, and nC
g a mere contract stipulation by, or injunction
l. duty upon the States. they sag so, and leave I
n no room for cayil on the subject, But let d
go on
&, Sec, 2. "The citizens of each State shall /
+ entitled to all privileges and immunties Of cit
q, zens in the several States"
g. "a person charged in any State with troi
son, felony, or other crime, who shall flee iroI
~ justice, aud be found in another State, sha
I'd on demand Of the executive authority OF u
Of State from which he fed, be delivered up, to
=, removed to the State having Jurisdiction Of Il
I'd crime"
That these clauses Of section two are me
D, articles Of compact between the States, depe
r. dent on the good faith Of the States alone +
" their ful6llmont suppose no one will disput
be They do not confer upon Congress any pow
u whatsoever TO enforce their observance. The
n, follows the last clause ofseotion two, In respe
to fugtiyes from labor or service, first quote
be And this, like all the other preceding clauses
M this article, except the first, is destitute Of al
grant Of power or even alluson 10 Congress
the federal government. Now, If grant
power 10 Congress was here intended, wi
this siencel II tho trainers Of the cOnslit
se ton Intended grant of power to Oongre
sr- in this clause why did they not say 30,
an they did say in the first section, in THspe
on to ''public acts, records, and Judicial procee
& ingsl"
ia. Ii seems to me that no rational answer CT
tb be given 10 this question, except by denial
nd such intentions, EIpreSsiO uliuS erelust0
teTtus, is O legal maxim as old as the eomm
,r law The express mention Of one thing impli
IN tho exclusion Of things not mentioned il
10. the dictate Of reason and common sense II
TO a maxim which applies alike IN the interpret
pe ton OF contracts statutes and constitutions
IN It's application was never more obviously pl
h: per than to the question before usi and VIII
TO applied, it seems 10 me to bring with It fol
m little short Of mathematical demonstration.
10 Thus far have reasoned as il We were igt
rant of the history Of The Constitution. Blu
glance at that history confirms the conclusiC