The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-02-28

the clause of the Constitution we have
recited, and the law passed, in pursu-
ance of it that slave can remain such
on our soil, and under that provision
only, when he is fugitive and reclaim
ed according to its provisions. saa
Such, a, law too, being. as we have
shown, wholly unnecessary for any prac-
tical purpose. except it be intended to
interfere with the remanding of Fugi-
tive Slaves, was extremely inexpedient
and unwise in its origin, but under
present circumstances, it becomes, in
our Judgment, obstinate persistence in
wrong to retain it on the statute book.
We say persistence in wrong, both, be-
cause the provisions of the law we
have recited are unconstitutional, and
because it is wrong to retain an unnec-
essary law, which is the occasion of all
feeling, discord and strife both among
our own people, and between ourselves
and sister States of the confederacy.
We therefore, unhesitatingly recon-
mend that the second, third and fourth
sections of the act of 1855, referred to-,
be repealed.
The amendment made by act .1S9 of
the laws of 1859, to section 25 Of chap
ter 153 of the Revised Statutes, pro-
vides that every person "who shall
bring any negro, mulatto or other per-
son into the State, claiming him or her
as slave, shall be punished by impris-
onment in the State prison not more
than ten years, or by fine not exceed
ing one thousand dollars"
This provision, so far as it provides
a punishment for an act which in some
cases is lawful, according to the clause
of the Constitution and acts of Con-
gress, we have referred to, cannot be
sustained. A fugitive slave from Mis-
souri, may be taken in New York or in
Ohio, under the act of Congress, and
remanded, and the usual and natural
route for his return would be through
this State. And should the person
having him in charge, under the certif-
cate granted under the act of Congress
be met by mischief maker, of whom
there are too many, and asked if the
negro was a slave, and should reply af:
frmatively, he would thus be claiming
him to be a slave, and, according to the
plain letter of the law of 1859, above
recited, would be rendered liable to its
penalties. Such law, according to
the principles before adduced, and sup.
ported by the cases cited, cannot be
constitutional SO far forth. But it is
said the Courts would not apply the act
to such a case-they would hold that
such was not the intent of the act
What, then, was it's intent? The
common sense and statutory rule soi
construction of laws, as laid down in
sec. of chap. of the Revised Stat
utes, being section 2 of the Compiled
laws, in the first subdivision of tha
section, is as follows 500
"All words and phrases shall be con
strued according to the common and ap
proved usage Of the language; bu
technical words and phrases, and sucl
as have acquired a peculiar and appro
pirate meaning in the law, shall be con
! strued and understood according t.
such peculiar and appropriate mean
ing"
Such rule is necessary for publ,
safety. The people at large are no
lawyers, and naturally expect and be
lieve that laws they are called upon t,
obey, mean what they express. Thi
f rule has never been relaxed by tn
Courts of last resort, in cases of con
flict between State and United State
| laws, and in no other case, except oc
, casionally when Courts wish to avoi,
a hard consequence of general rule
and, as they think, in order to attain il
particular case, construe a statute t
, mean what they judge it should b
: made to mean. Again, there was n
: occasion for such an amendment to tn
statute for any other purpose. No on
e could voluntarily bring and retain
, slave in this State by our wv as it pre-
: viously stood. Why, then atteupt t
e punish as crime. merely to claim
f negro to be slave, when it is imposs
e bic to make that claim a reality, with
: out mourning penalty previously er
: acted. 1a iatt .se
1t has been said that this amendmer
!, was made to avoid the effect of tn
:, principles announced by some of tn
Judges of the Supreme Court of th
t United States in the Dred Scott cas-,
: under which, it is feared, that SLAYER
: could be established in Michigan, an
e such seems to have been the motiy
g power applied to the committee of TIL
d House, who, in 1859, reported tn
: amendment in question. See journ;
g of 1859, p. 537. We do not hold ou
l. selves bound, nor does any Court, b
t. the atrocious doctrines, so announce
e by judges, which were wholly outsid
t, of the case before them, or of point upo
l. which they professedly decided th'
'f case. So far as the opinions in tn;
y case are beyond the case itself, the
IS were mere political documents. w
d might be disposed to give them Il
e weight or opinions of good lawyer
is did they not bear the ear marks of pa
Is tizanship. But suppose these opinion
e to be law. Then they are construction
j, of the constitution and acts of Co
n. gress, and, SO far as the law of 1850
rt opposed to them, it is as unconstit
Is tional as it is in the view we have b
d, fore taken. The laws of the Unite