Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1860-01-13
The Hon. Ben. Stanton on the Posi-
tion of the Republican Party in Ohio
on the Fugitive Slave Law.

The Hon. Ben. stanton on the Posi-
tion of the Republican Party in Ohi<
on the Fugitive Slave Law.
In the House of Representatives on Fridav
last. Mr.. Boyce, of South Carolina, occupied
the floor the greater portion of the time. HI
yielded the floor to Mr.. Stanton, of Ohio, who
made the following remarks i
Mr.. STANTON, said: do not wish to tres
pass too far upon the courtesy Of the gentle.
man from South Carolina but I wish tc
state what understand to be the position o.
the Republican party, as a body, in relation tC
/ the fugitive slave law. Now there are differ
enees Of opinion, unquestionably, among the
Republican party as to what fugitive law
should be. | know noman in the Republican
/ party who denies the consti+ utional obligation
| to surrender or permit the recapture. There
| is difference of opinion among Republi-
cans as to whether that provision of the
i Constitution makes it obligatory upon the
States, through the Legislature, to provide a
| remedy, or whether, under the Constitution, it
bslongs to Coogress to provide it. l speak so
far as to what I believe to be the pinion OF
the Republican party generally. I'd Now; for
myself, if it were an original question, should
hold that it is a power intended by the Consti-
tuition to be vested in the States; but am
| one of those who hold that cotemporaneous
constructions of tbs Constitution constructions
/ that have been acted upon by all departments
of the Government, and acquiesced in by the
people, ought to be recognized. So far, there
fore, as I am concerned, / eoncede the consti-
tutional power of Congress to pass fugitive
slave law. si @ ai
So far as the fugitive slave law of 1850 is
concerned, I do not believe it to be constitu-
tional in its details, in the mode which it pro-
vides for making proof for the recapture of
fugitives. l desire to be understood here dis
tinctly that what want is a law which, while
it may be available to the protection of the
Shareholder in the recapturc of his slave, may
not endanger kidnapping under color OF law,
and the taking of persons. not slaves by vir-
tue of it. hold that the judicial power of
the United States is vested by The Constitu-
tioh in judges appointed by the President and
confirmed by the Senate and I hold, further,
that when the fugitive slave law authorizes
commissioner appointed by judge, not con-
frmed by the Senate. to issue his warrant for
the recapture of fugitive slave. and to sit in
Judgment upon the question as to whether he
be fugitive slave, or not, it is vestng judicial
power where the Constitution does not au-
thorize tito be vested.
Again hold it TO be unconstitutional in
this : that it d4pr,ves party of the right OF
habers corpus to test the question as to whether
the process under which the fugitive Is claimed is
a forgery whether it be not mere preteXt to
capture and kidnap and take into slavery a
free man. These provisions of the fugitive
slave law l hold to be unconstitutional. l
know in point of fact, that that law is grossly
abused in the free States. | know that
torious countereiter was arrested in the State
of'Oaio, ana upon his person were found let
t.rs addressed TO him by confe.lerate5 in the
slave States, requesting him to give them the
description of free negroes, and they would
find masters for them. I.awless men take adj
vantage of the provisions of that law, and
it is because the people Of the free States de-
sire to be advised whether party sought to
be arrested is in fact Il fugitive slave or not,
that the difficulty about its'execution arises.
Mr.. BoYcE.-Does that practice extend to
Vermont? @
Mr. SrANToN.-I know nothing about Yer
mont. ! am not citizen OF, Vermont.
. Mr.. BoYcE.--Then will ask the gentleman
another question. Does he approve of the
personal liberty bill of Massachusetts? .-
Mr. STANToS--I do not know anything
about it. never sau it. / would not inter-
pose any legal obstruction to the proper exc
cution of constitutional fugitive slave law,
and am giving my own individual opinions.
Mr.. BoycE.-Have they not in your own
State? H-
Mr. STANToN-f7hey have taken grounds
against the details of the law of 1880 They
have not pretended to say, and do not claim
that Il fugitive slave law, in subordnation to
the provisio1s of the Constitution, is uncon-
stitutioral nfal il7- p. fa 9.f
MIR. BoYcE.-Does the gentleman approve of
the personal liberty bill passed by the Repub-
lican party of Ohio? aae tI .=i
Mr. STANToS.-I do not know what it is
do not remember it. | will say this to the
gentleman do approve of some State Leg
isation that shall enable the State authorities,
when man is arrested under color of process
to ascertain whether the process is q forgery,
or whether it is in conformity with the provis-
ions of the law. I hold that whatever legal
valid warrant is taken before State Judge,
under State law, issued by proper authority
which is exhibited, a State court cannot IN
quire into whether the party be a slave or not,
and can not go into the merits of the question
at all. 1t can simply inquire whether the pro-
cess is issued under color of the laws OF the
United States. -.g.
!