Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1860-03-24

binding upon all inferior courts. and
tie people within the Jurisdiction of the
court making the adjudication. The
snpreme court Of this State has decided
the s;ild law to be unconstitutional
and, independent Of the question ot
poner ii that court to make such de.
clslpn, / hold the supreme court Of this
State to be the proper tribunal to ex-
PounI and declare the law, so far at
least as the State is concerned and its
decisions should be received by the
State IS correct exposition of what the
law Of the matter under consideration
Is. 1t might be sufficient for me to say,
that [ sustain and uphold the supreme
court Of this State in its determination
of this question. But [ will mention
some reasons that have heretofore oc-
Cured to me as tending to show that
the court so0s right in pronouncing the
SAID law unconstitutional
Pf1na0 .tucie, any person residing
within this State is entitled to his liber-
ty-ls free person; yet the law in
question allows person TO be arrested
and deprived of his liberty, taken
from State whore all ,he presump-
tons are in his favor, to a State where
all the presumptions are against him,
and that too without first being allow
ed his day in court-an opportunity of
meeting the witnesses against him face
to face, and the privilege of controvert-
ing their testimony; because the act
nowhere provides for a trial Of the fact,
(and that IS the sole ground upon which
the claimants right to remove the fu-
gltive is based), that the person claim
eli Oared service to the claimant BY the
laws of another State. 1t seems to me
to be opposed to every principle of nat
ural justice, that any person, white or
black, can be arrested on the claim of
another person, placed in the CUSTODY
Of such claimant, (not in the custody
OF the law, as in case Of fugitives from
justice, to await the determination of
the claim), and removed out Of the
State, without it being first determined,
IN some Judicial proceeding authorized
by the constitution, that such claim is
we'll founded. By virtue OF the provis-
ions Of said act the condition of the
person claimed, presumed by our law
to be entitled to lis or her libertv), is
instantly changed in his absence, with
/ ont process, without notice. and with
out an opportunity to meet and exam
inc the with eSses against him, and con
flute their testimony.
Bnt | 40 not feel that it becomes me
10 advance reasons or arguments upon
this question, because it has received
the broad aHl critical examination of
the supreme court Of this State, whose
dec!>lons me usually regarded as salts
factory authority upon Ill questions adj
Iigdicatcd by if, Agreeing as | do
with that court i'll its determination Of
this question, were it now an original
proposition for discussion, ! shonld
hold as the courts have held, taat Mo
tar Is unconstitutional And when
ever that act shall be brought in Qucs-
ton IN any court III which [ NAV pre-
side, the Judgment Of the supreme court
t"t this State, pron0unring the same
unconstitutional, VII be the rule ut L.
ri>in?..
I" rl-,2rsi t. the ~1.,H ~"'livi~ior
"i, the Resolutions, 10 not agree in
s','Is.:..i "st!l ghc naiortv n,,in;on "l
|. ;. S5ll,rci!le court Nnrn the points
! mentioned III III" said n.<uiutiuu>
: :i..4 FuTt?@i, hold th;.; the sal ! Drc;1
Scott d@cl~i'5, :" far "< It 5rreteud> :
! $Iy t.At Congress, itos n;1 tils, bower e
ls'Gi>late 'Don tin. uiii.ct- oi slavery in
; ;he t1i'Ii, cries. OF that III" constitution
nf It's tor@c carries slavery nto all the
{ Territories q jh4 Union AMI maintains
: il there above the Legislation Of Con
oress and OF the Territories, is a mere
| tl;ct3;''. of the court, and nat entitled tc
, the force OF effect OF a judicial decis
ion. On the contrary, hold that Con
gress has the right to legislate upor
: the subject Of slavery in the Territories
$ and i'll support of this proposition,
aight cite the uniform action Of the
| General Government for sixty years
, with hardly 4 dissenting voice; the
J, opinion Of President Monroe's Cabinet
. in which stood John G. Calhoun an(
) William Writ; and also numerous de
: clSlohs OF the U >. supreme court, rang
5 ing from 1910 down To 1883; and III
: late as 1853, this power Of Legislation
/ was affirmed by said court.
: 1t cannot be denied that Iarg,
| part Of the Democratic members 0
Congress, both Senators and Represen
: tatlves, concede that Congress has th,
: power, and the proslavery wing de
: mands at the hands Of Congress affirm
: atlEe OF protective legislation.
e The principles contained in the Mirt
e and fourth subdivisions of the Resolu
y tions, have been passed upon, and es
h tablished by the supreme court Of tht