Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-25
OPINIONS OF THE THREE JUDGES.

We have carefully read the opinions Of Swan,
SutliG, and Bsinkcrhof as published in our paper
of last week and tbis-the first named Affirming
the constitutionality Of the Fugitive Slave Law,
and the others denying it. Judge Swan, we think,
has oil the facts Of the case confirming his opin-
ion while the opinions Of the others-even ad-
hitting The correctness Of all they say-do not
in the least impair, Or deny the obligation volun.
tarily assumed by the citizens Of Ohio, TO give up
fugitive slaves.
Judge Sutliff afhrms that the Fugitive Slave
Act denies the constitutional right of trial BY
jury, and due process Of law. Very MANY who
hold that tho law is unconstitutional, declare that
due process of law" means trial by jury"
The Judge evidently regards these as two distinct,
things, else he would not sreak of trial by jury
and due process of law" But TO return to the
charge. We admit the first allegation, but deny
the second, for in the Fugitive Slave Act, the pro-
ces, Of law by which the escaping fugitive 10 to b
deprived Of his liberty, is infinitely described, and
If there be any omission in the observance Of its
requirements, he cannot be remanded under H..
Jury trial is a constitutional right in criminal!
cases, but not in a civil suit unlos, tho value in
controversy shall exceed 500. The escaping slsvs
is not arrested as a criminal, nor on 4 civil suit
under the common law. lie is simply arrested 90
as n person escaping, or striving to escape from
The liabilities of the laws Of the State in which he
lived. and the Commissioner does not pretend 10
detormine anything except the legality Of the ar
rest and the identity otkhe one arrested. A fugi-
tue from justice or an escaping convict from Q
sister State is delivered up by q somowhat similar'
process. but by u different officer. If such an one
comes to Ohio, he is given up BY Governor Chase.
who never thinks of permitting him to have . jury
trial. And here let us say, that tho argument
against the onstitutionality of the Fugitive Slave
Law because the Commissioner is not appointed
rs the Constitution requires that Judges should
be, is just as strong against the constitutionality
of the action of Governor Chase. who decides shs
question of identity in the case Of the fugitive
from justice, as il is in the cass Of tho Commits
sioner, who decides the same question in regard
to tie fugitive from labor. We never heard that
it was urged shat when tho Commissioner sends
back to England her alledged criminals in accord
ance with the provisions Of our treaty with .ha.
country, that he was doing an unconstitutional
act, and yet the argument Of Judge Su.lif applies
with equal force to such O case.
"But is not a mans liberty worth more than
1907" Undoubtedly it is but unfortunately for
the man, settling that question in the affirmative
does not give him a right to trial by jury. The
rowdy, who, without jury trial, is about to be SON.
fenced BY the Mayor of Cleveland to imprisonment
in the county Jail for thirty days, may insist upox
IL that imprisonment for that time is q greater loss
to him than $40, and therefore he has a ~con..i.u-
tional right to a jury trial. We suspect no would
fail in his application for it; and we don't believe
that Judge Sutliff would declare the action Of the
Mayor demonstrations becadgs he refused il.
We have not space, and if we had, perhaps u
would not be profitable to comment at greater
length upon the opinions of the dissenting judge.
ihey seem 70 us good specimens Of special plead
ing, ingeniously put together, but in tho main
sophistieal. Both jut gcs. while affirming that
Congress has no right to legislate for tho rendition
OF fugitive slaves, admit, as a matter of fact and
necessity. that the individual States made q COM
pact to deliver them up, and to the several S.s..s
must we therefore look for legislation upon The
subject.
People OF Ohio, do you choose to take that horn
3 of The dilemma If SO. why then did you not
years ago legi'latively provide for the fulfllnsut
e OF the compact which you made with your sister
States! Up now, and do your constitutional dutv.
/ Take the opinions of Sutlif and Brinkerhoff for
your guide, and at your next General Assembly
t make all necessary provisions for the rendi,ior.
:, by you State, of fugitive slaves. Tell tho United
States Commissioner that your State Judges will
t henceforth do the dirty work in which they have
: been engaged tell the trembling fugitive to con-
sole himself with the thought that Congress hs,
no constitutional right to act in his case, bat tbss
f Judge Suslif and Judge BrinkerhoF, IN tho
name and on behalf of the libsrty-loving S;sts Of
Ohio, will thrust him back into the black and
yawning jaws of slavery from which b h.a
= escaped.
n If Ohio prefers to thus vindicare her State sov-
ere'gnty by doing the slavecatchers cruel md dss.
n picaole work, lot her position be distinctly under.
8 stood. so that the Federal Government may thus
" be relieved of a portion of the infamy which now
J attaches to it.