Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-07-31
CORRESPONDENCE.
MIR, BaCI,us and the Fugitive Slave ACT.

1t having been said that Mr. Baekus holds
the Fugitive Slave Act constitutional in
is parts; that gentleman yindicates himself
from the charge in Mondays Leader--a vim
dication that certainly puts that nintter at
rest
He commences by conoeding that Congress
has poper over the ssikject nlattor-after which
little more can be said. How Congress got
that power he fails to show.
The Constitution itself precludes the Con-
gress from exercising powers it does not itself
confer; and the ablest expounder Of that in
strument has never shown the section, clause,
or provision, that confsrs it.
The clause in reference to fugitives from
labor, is a compact between the States, purely
and simply, and grants no power to Congress
whatever.
Again, the Ordinance Of 1887 prohibits
slavery in all possible forms, foraIl time, in
the territory of which Ohio is part--and
hence slave escaping to any part Of it is
free. That Ordinance the Supreme Court Of
Ohio decided to be still in force See 8, Ohio
Rep, 4ls.
This doctrine is fully affirmed by Judge
MoLean-whOm Mr.. Backus eulogizes-in
the case ofspoonsr vs.. McNiel lst Mclean,
Rep. $40.
But Mr.. Bacllus says-.After the exercise
of the power for more than sixty years, and
the uniform sanction of that Jurisdiction by
the judiciary Of the country, both State and
National, think II is too late, practically, to
question the ualidih of the claim to jurIsdic-
don." Can that be true7 Can it be true
that clearly unconstitutional act ofOongress
can be made constitutional law by deci-
sion of the Supreme Court? If so, any and
all usurpadons of Congress can be made con-
stitutional law by the same means.
And does sixty years of 'uniform sanction
transform an original outrage into present
right2 Ht. .
This is the sole logic by which all old per-
sistent wrongs and expressions are sustained ;
and weak and tinid hunkers, are ever
excusing themselves, with the coward cry
0that it is too late, practically, to question
their validity"
Conceding the power of Congress to legis-
late on this matter is a fatal mistake, and
abandons the whole ground; for as Mr.. Back
us said in the defence Of Langston, "Unques-
tionably if Congress had jurisdiction of the
subject matter, it was alone for it, to judge
what form its legislation should take" See
Rep, P. l42.
To the extent that the act of 1850, sus-
pends the writ of habeas corpus, Mr.. B. says
it is unconstitutional, but whether it does
that at all, he does not intimate.
He seems to be in doubt whether in the
to him 'unimportant" matter of the appoint
ment Of slave catching commissioners, the
act is constitutional or not; but appears to
regard the bones of two or three dead
hunkers, thrown into the scale, as settling
the matter, in favor of the constitutonality
Of that provision.
Republicans doubtless respect the opinions
of Mr.. Webster and Mr.. Crittenden; yet on
these questions have been much more in
clined to turn for light to Chase, Seward and
Summer.
This disposes of all Mr.. Backus says upon
the constitutionality of the fugitive slave
statute, and whoever now says he holds that
statute so be constitutional, does him no in
Justice. His whole position on this matter
IS clearly indicated by his famous declara-
ton in the argument above referred to. 81
feel myself bound to recognize the authority
of the Supreme Court of the United States
t10t- .lzFIFstbeq this act of Congress be law or
must obey It. This certainly refers to the
whole law, and every part of it.
That Mr.. B. is in favor of repeal, or
modification of this act, is doubtless true
But of what possible value is such position
when it is remembered that, constituted as
the Senate is, and will remain, no repeating
act can be passed; nor has the Republican
party taken ground in favor of its repeal at
ALL
The only manly, practical way of meeting
that act, and avoid the odious burdens it i'm
poses, is not weakly and impotently to admit
its binding power, but to meet and denounce
it as no Law.