Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-06-08


mained, after the transfer, the same as
they were before-arlicles of compact,
and nothing else.
| conclude, tberefpre, that the States
are bound. in faifillment of their pliehted
faith, and through the medium of their
laws, Legislation and functionaries, to de-
liver 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 fled. But the federal gov
eminent has nothing TO do with the sub
iect, and its interference is sheer usur.
patton of power not granted but re.
served.
But, it is said. the question is settled,
and our argument comes too late. |
deny that it is settled.
The Federal Legislature has usurped
a power not granted by the Constitution,
and federal judiciary has, through the
medium of reasonings lame, halting,
contradictory, and of farfetched implica-
tions, derived from unwarranted assump-
tons and false history. sanctioned the
usurpation. deny that the decisions of
an usurping party in favcr of the validi-
ty of lis own assumptions can settle any
thing. 1t is true that the courts and
Legislatures of several of the S a.es have
decided in the same way; but they have
bees decisions of acquiescence rather
than Of original and independent inquiry.
The fact that such jurists as HOrnblower.
Walworth and Webster thought on this
subject as think, shows that the ques-
ton is not settled. The fact that major.
ity 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 learnngs of their own
minds TO the force of the rule Of res 0d-
judicata alone, proves that this question
is not settled. The truth is. not until
recently that the mass of intelligent and
inquiling mind in this country has been
brought TO bear upon this question. II
required The enactment and enforcement
of the Fugitive Slave Act of 1850, over
riding the most sacred and fundamental
guarantees of the Constitution, and dis
regarding in its provisions even the de-
cencies Of legislation, as if for the very
purpose Of irritation and humiliation, and
the fine and imprisonment under it of
achite n1el for The exercise of the instinct
i've virues of humanity. 10 awaken gen
eral inquiry. That inquiry is now gcing
forward. And so surely as the matured
convictions of The mass of intelligent
mind in this country must ultimately
control the operations of the government
in all its departments, so surely is this
question not settled. When il is settled
right, then il will be settled, and not till
then.
Bat, cotemporaneous construction is
10. l admit lis weight, and
its tile to respectful consideration. But
construction speaks
with a divided voice. 1t is true, Con-
gress as early as 1898. legisla,ed for the
return of fugitves from labor. But
nearly if not quile every one of the cid
States had also legislated on the same
subject in fulfiIlment of what they deem
e mater of cons,itut onll obligation
resting on them. And such legislation
nn the part of ths Safes, old and new,
continued until the Supreme Court OF the
United States, in the Prigg case, as late
as l84e. & 10 Peters, $50. assumed for
the federal government exclusive au
lhority over the subject. And those who
appealed to cotemporaneous construction
should themselves resI ect it. From the
foundation Of the government until with
in the list ten years, Congress claimed
and exercised, without question, full and
complete Legislative power over the ter
ri;ories of the United States; and as ear
Iy as 1928. in American Insurance Com
pauy v. Canters. Il Peters, SAT. the
Supreme Court OF the United States,
Chief Justice Marshall delivering its
opinion, unanimously decided that in the
territories Congress rightfully exercised
The combined powers of The general and
IF State government" Yet, in the
case OF Drei Scott v. Sanford.
,19 Howard, 593 J all this is overturned
and di>regarded, and the whole past
theory and practice OF the government
IN this resect attempted 10 be revolution
zed by force of judicial ipse dirh i
We are thus invited by that Court back
10 the consideration of first principles;
and neither it nor those who rely on its
have right 10 complain if We
accep! the invitation.
1 know of no way, other than through
he action of the State government, in
which the reserved rights and powers of
he States can be preserved, and The
guarantees of individual liberty be win
iica.ed. The history of this country.
brief as it is, already shows that the fed
sral Judiciary is never behind the other
of that government, and Of
en- foremost. in the assumption of non
granted powers. And let it be finally
yielded. that the federal government is,
n the last resort the authoritive Judge
IF the extent of its own powers, and the !
and limitations Of the con-
,ti;uiion, which the trainers of that in
'tument so jealousy endeavored firmly !
% fix and guard, will soon be. if they !
ire not already, o5literated; and that
government, the sole possessor of the
,nly means of revenue, in the employ |
nent of which the people can be kept
gnorant of the extent Of their own bur-
lens, and with its overshadowing pat
'onage. attracting to its support the sm-
,itious By means of its. honors. and the
nercenary through the medium Of its
.moluments. will speedily become, if it
,e not already, practically omnipoient.
These were my opinions, freely de-
'lared, for years before had the honor
If seat en- this bench; and, having
earned nothing during the tendency Of
hese cases to change. but much to con-
irm them, 1 know no reason why l should
hesitate to ayow them now.
give my voice in favor of the dis
:harge of the relstors. /