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

l1Rl,l1lilllll a1lIIalzE1lN
article Of tho Constitution above quoted were
borrowed and transferred, with but slight YER
bal alterations, from the articles Of confedera-
tion and the ordinance Of i7s7--the first three
from the former, and the last from the latter
with this exception only, that to the first OF
these clauses was added grant of power TO
Congress TO prescribe the manner of proof and
effect Of public acts, records, and judicial pro-
ceedings Here, then, we have certain articles
Of fcompact--admitted or declared Co be such,
and nothing more--borrowed aud transferred
from one instrument 70 another, with no nti-
nation Of any change Of their character as arti-
cles Of compact except in a single instance
where the change IA expressly declared. The
inference seems TO me TO be irresistible, that,
except so far as the change is expressly declar
ed, they remained, after the transfer, the same
as they were before-articles Of compact, and
nothing else.
/ conclude, therefore, that the States are
bound, in fulfllment of their pghted faith, and
through the medium Of their laws, legislation
and fuuctionaries, TO deliver up the fugitive
from service or labor, on claim Of the party to
whom such service OF labor may be due under
the laws Of another State from which the fupi-
tive has fed. But the federal government has
nothing TO do with the subject and its interfer
ence is sheer usurpation OF power not granted
but reserved.
But it lis said, the question is settled, and our
argument comes too late. 1 deny that it s
settled.
The Federal Legislature has usurped power
not granted by the Constitution, and feder-
al judiciary has, through the medium of reason
ings lame, hating, contradictory, aud of far.
fetched implications, derived from unwarrant-
= ed assumptions and false history, sanctioned
the usurpation. / deny that the decisions of
La,
own assumptions can settle any thing. 1t is
o true that the courts and legislatures OF several
/ Of the States have decided in the same way;
but they have been decisions of acquiescence
/. rather than Of original and Independent inquiry.
!, The fact that such iurists as Hornblower, Wal.
1 worth and Webster thought on this subject as
| think, shows that the question is not settled.
e The fact that majority Of my brethren, as
. understand them, admit that If this were new
4 question they would be with me, and that they
! yield the strong leanings of their own minds to
the force Of the rule of res adjudieata alone,
. proves that this question is not settled The
truth is, it is not until recently that the mass Of
n intelligent and inquiring mind in this coun-
# try has been brought to bear upon this quls-
ton. 1t required the enactment and enforce.
If ment Of the Fugitive Slave Act of 1850, over
If riding the most sacred and Fundamental guar.
e antees of the Constitution, and disregarding
IN llh pIuNl5luHh bhuu bit utctuClSh ul ltBlblh'
J. tion, as if for the very purpose OF irritation
d humiliation, and the fine and imprisonment un-
!, der il of iDhite men for the exercise of the in
II stnctve virtues of humanity, to awaken gener
J. al inquiry, That inquiry is now going for
ward And so surely as the maturcd convir
e tions of the mass Of intelligent mind !" 'nls
l. this country must ultimately contrcl y ynu oPoIo'
tions of the governments in al os
d so surely is this Qpestica not seVueu, " men
\ n l. sattIoJ i-bt then it will be settled, and
. R.t eotemporaneous construction is appeal
e ed to- l admit its weight, and its title To re-
spectful consideration But cotemporaneous
G construction speaks with divided voice. 1t is
2 tLpe,. Cqpgfas As sgFiHess ffdahS daS lab5f But
/. nearly if not quite every one of the old States
u had also legislated OH the same subject in full
/. fiIlment Of what they deemed matter of con-
stitutonal obligation resting on them And
n such legislation on the part of the States, old
n and new continued uutil the Supreme Court of
ll the United States, in the Prgg case, as late as
ct 1912, U6 Peters 539O assumed for the federal
m government exclusive authority over the sub
it ect. Aud those who appealed to cotemper
Ne aueous construction should themselves respect
ii it.. From the foundation of the government
OF until within the last ten years Congress claim
ID ed and exercised, without question, full and
4" complete legislative power over the territories
al OF the United States and as early as 1923, in
10 American Insurance Company V. Canters, Il
m Peters, 5i7) the Supreme Court of the United
r States Chief Justice Marshall delivering its
opinion unanimously decided that in the terri
IN tories Congress rigLtiully exercised the Com
O. biued powers Of the general and of State gov
or ernment" Yet, in the recent case of Dred
gs Scott y. Saudford, C9 Howard, 303) all this
<, is overturned and disregarded, and the whole
,ct past theory and practice of the government il
10 pt al tnd In ha La
mt force of judicial ipse dirit. We are thus in
,r yited by that Court back to the consideration
70. FIRST principles and neither it nor those VIII,
nd rely on its authority have a right to complain
on if we accept the invitation.
m know Of no way, other than through th
m action Of the State governments, in which th
he reserved rights and powers Of the States can b
in liberty be vindicated. The history of thi
be country, brief as it is, already shows that th
ey federal judiciary is never behind the othe
oy departments Of that government, and olte
lot foremost in the assumption of non granite
of powers Aud let it be finally yielded, that III
us federal government is, in the last resort the au
us thoritaiive Judge Of the extent of its own pow
ers, and the reservations aad limitations Of th
be constitution, which the trainers Of that instru
iii. ment so jealonsly endeavored firmly TO fix an
guard will soon be, if they are not already, oil
GA. liberated and that government, the sole po,
ON sessor of the only means Of revenue, in Ii
ali, employment of which the people can be keI
the ignorant Of the extent Of their own burden
be aud with It's oyershadowing patronage, attrac
the ing 10 its support the ambitious by meal
of lie honors, and the mercenary through Il
ere medium Of its emoluments, will speedily b
en, come, ifit be not already, practically omnp,
for tent.
lle. These were my opinions, freely declared, f
ytr years before | had the honor Of a seat on tn
ION bench and, having learned nothing durir
Get the pendency Of these eases to change, b.
ed. much to confirm them, know no reason wi
/ Of should hesitate 20 ayow them now
~ l give nv voice In favor OF tho disohau