Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-07-30

Having been absent from my Office for sew
fiSt.days, 2 al not receive 5cuf iStBF0f the
l9ih iRsty until to-day, For it ] sincerely
thank yoai in YEA ssy there Il 1 report
ia circulation Ia that part Of the District to
the effect that have publicly proclaimed it
as my opinion that DE Bagitlve slASe Law
Of 1850 is constitutional in ali its parts, and
.thst izu4s, therefore, opposed 80 It's repeal or
modiecatiORisili.dm5l Cd 81 baida dli0 .o1l
.Hj jThislrspoTi Ia. wholly without Goundationy
i neKet did, either publicly or privately,
make Uny such dSelafation. On the contrary
4 have, from the time Of rs passage to the
present moment, unlfortly dehouhtsd that
Law as an outrage upon human rights, and
one that should at once be repeale6. 'n"' M
/, is true that have not been able to sec
the sane objection to il that some Of my Re-
publican brethren have discovered. For in
slltance-7qpon y the question Of the jprisdietinO
Of Congress ever the subject Of the rendition
Of Fugitive Slaves. dAfler the exercise Of the
power for more than sixty years and the uni
form sanction of that jurisdiction by the Ju-
dietary of the country, both State and Ma
tiouaI, / think il is too late practically to
question the validity Of the claim to jurisdic-
tiOn. The ehdrueteT Of the legislation proper
to be adopted is another question. In my
opinion nothing short Of Strict proof Of OOnsr-
ship established By he psrdSet of jury Of the
gieinityi should ever be permitted to lay the
foundation for the rendition of an alleged
EugiuYe,ll 44. aI .a.ifal aa a.a ola '.''
But eonceding the Jurisdiction, it is said
that the act of 1850, is unconstitutional.
80 .EIgL Because it suspends the Writ Of Ha-
beas Corpus, and .4a.q. ima4u.l .o. siA
.BsoOnd, Because It attempts to delegate au-
thOrity to the Federal Courts to confer judi
cial power upon Commissioners to be ap-
pointed by them. i7+ aa' 'ri 's7..- goa
So far as this act can Justly be cohstrhed
TO interfere with the right sf every human
being to the benefit Of the Writ of Habeaa
Corpus, 80 far, Qnqpestionably, IL Is V0eOasti-
tutOndl ft.,.... F.tf.. ''-
The question as to the power conferred upon
Commissioners presents much more difficulty.
II these powers are to be regarded as lmiinisie-
rial, merely, the objection does not lie. Il
they are Judicial in their character, then it Is
well taken. But admitting this to be so,
although such statesmen as Rebster and Crit
teIldel, and such Jlrists as Mclean and Cuftis,
could not So see il, still the consequences are
comparatively unimportant. Some Of the
fdciihes for the execution of the Law would
fall but the Ldlg ITSELF IN all its main features
would remain--its execution in that case be-
ing confined 70 the Federal Courts and the
! Federal Judges Under it, through the con-
eIllsiUe effect gipeH to- er-parte atfddpits free
men, and women, children, would continue
to be legally kidnapped, ard reduced to unend-
| ing bondage. ,i4i.l.fli..i ai.. li iasai. '''l.
d II seems to noe, therefore, that he who rests
his objection TO this iniqnitous Law upon the
technical and eoRtroUerted ground that It does
| not, in some Of its comparatively unimport-
ant provisions square with the Constitution
imPairs the moral power of his position, and
weakeps the cause be processes to have most
at heart. f, ..fl -......T ..gI e'"'
Taking this view,of the subject, at the Re.
| publican State Convention in 1859, as
member of the Committee on Resolutions,
opposed the adoption by that Committee, Of
a resolution declaring that law unconstitu-
tiohal and for that reason demanding its re-
1 peal But offered, myself, an amendment
TO that resolution, characterizing that act as
\ an outrage upon human rights and demand.
ing its repeal because Of its intrinsic injust-
] ice and barbarism. '''
Policy, it seemed to me, in the then con.
dition Of the Party with respect to the exist.
ing question which had just been disposed
Of by our Supreme Court, and which ther
threatened the disruption of our organiza-
ton, dictated that party opposition to that
odious act should be placed upon grounds
upon which we could all meet, rather than
on those with reference to which the Re
publieans of the State and of the nation were
/ widely at variance. a=l ai a-, t-ii '.- ''
The original resolution was voted down
my amendment was not, in phrassoLogg
adopted, butt was in substance. .'.''1''
For the Resolutions reported by the Com
mittee, including that on the subject in Dues
ton, voted, both in the committee and in
the convention. .l17iis ...4 '.''''.
ii= Above you have my true position on the
points in question, and Lsgain repeat that the
report you allude to isEholly false; and re
guest you, upon ny authority, 50 to state. q
Very Truly Yours, ~. F, 7. BAcKus.