Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1862-05-07
LcOycIrpEp Fkor rIRsI PAor J

Tic 0ASlliCl Wll1n the limits OF the OOi
stitution. This the gentleman from Kei
lucky (Nr. Crittenden) frankly admits, 4
l understood him. He belongs to tha
school OF lawyers and politicians who, ju:
now, are filing our ears with exploration
10 keep within the express and imptla
POWERS of the Constitution, and that If on
letter of the Constitution is violated I
save the balance of it, the whole fabri
will be in ruins. l ask the gentlema
what clause of the Constitution gives Cor
gress posrer to make any person a slave
1t cannot be found among the express @
implied powers of the Constitution. ]
Congress can adopt or enact a law reduS
ing one description of persons TO slavery
it can another; for the Constitution, in tn
grants of power to Congress, makes no dis
tinctioE as to race, color, or size of persons
If persons of African descent are legal,
held in slavery here, Congress can, as sool
as a law can be passed, make slaves OF tn
balance of the residents of this District
ANY law which Congress might attemp
TO pass, reducing persons to slavery within
its jurisdiction, would not only be void fol
the want of power TO pass 1t, but woulC
violate the spirit of the Constitution, a
well as plain clauses prohibiting Congress
from passing such a law. The spirit of the
Constitution is ''to secure the blessings o
liberty" and not TO perpetuate the ours
of slavery. The Constitution provides tina
mo bill of attainder shall be passed.
Chief Justice Marshall, in the case o
Fletcher VS.. Peck, (6 Chranch, p. lbs,
states:
"a bill of attainder may affect the liz,
of an individual, or may confiscate his pro
perty, or NAV do both. In this form thu
power of the Legislature over the live!
and fortunes of individuals is expressly re
strained"
Mr.. Justice Story, in his Commentarie'
on the Constitution, says, (sec. l344,)
bills of attainder, as they are techni
cally called, are such special acts of legis
lation as infict capital punishment upon
persons supposed to be guilty of high Of
lenses, such as treason and felony, without
any conviction in the ordinary course OF
judicial proceedings. If an act inflicts a
milder degree of punishment it is called a
bill of pains and penalties. But in the
sense of the Constitution, it seems that
bills of attainder include bills of pains and
penalties"
A law that provides a mother and her
children without crime shall endure a life
long servitude, Is a terrific bill of attain
der, for it infiicts pains and penalties with
out trial or Judgment. 1t atlantis the
blood of the child by reason of the cond-
ZION of the mother. "Pdrfus Seguitar rem
trem;" 1.-THE offspring follows the condition
of the mother, is the legal maxim of sla-
very. ! am well aware that bills of attain
der, as generally used in law books, are
applied to other crimes than slavery, but
the definition by Marshall and Story, quo
ted above, of bills of attainder as used in
the Constitution, is broad enough to eIn-
brace slavery.
The gentleman from Kentucky (Mr.
Crittenden) said in his speech, 'the Con-
stitution did not use the word in any tech
meal sense" The Constitution further
provides that no person shall be deprived
of life, liberty, or property, without due
process of law" The gentleman from
Kentucky quotes it no freeman" twill
be remembered that this clause is in arti-
Gle FIVE of amendments, and was recon-
mended by North Carolina and Virginia.
As originally proposed, the word " free
man occupied the place of the word per
As it now stands, there is no mis-
its meaning. Therefore, to de-
prive a person of his life liberty or proper
ty within the national jurisdiction, ritk-
out due process of law, is a palpable viola
tom of this clause of the Constitution
What is due process of law? / will allow
the gentleman from Kentucky Mr.. Crit
tenden to define it. He says, 1.-THE pro-
of law alluded to is, as defined by
and every other jurist, a judicial
| know the gentleman quoted
this to show that a STAKEHOLDER could not
be deprived Of property in his slaves by a
of Congress.
No law of Congress can give property in
man, and when it is shown that the slaves,
was taken from him by a law, and
not by a judicial trial, the gentleman's ar
gument falls; but his definition of the
Fords of the Constitution "due process
IF law" shows conclusiyely that the law of
continuing in force, the law OF
Maryland making certain persons slaves
S unconstitutional, null, and void. Slaves
this District could and should be releas-
ID from their seryitude BY the judgment
If a courto of competent jurisdiction. The
slave-owners having no legal right
70 the services of the persons they
,laim ohold as slaves, it follows hat they
IRE not justly entitled to compensation
4 these unfortunate persons have earned
heir clothes, board and other expenses
incurred, then there is nothing due the
persons for whom they have labored. i'll
hey have not paid their way, then they
re of no value to their alleged owners,
they ought to be glad to be relieved
Of their support, In no aspect, as l view
I, is the provision in this bill allowing
compensation just. But as l am satisfied
hat a majority of Congress do not think
$ | do on this question of compensation,
to save the bill, ! Will vote for it as it
anne from the Senate,
With slavery in the District will fall
he barbarous code which upholds it,
he cr4elties and expressions here prac-
iced, IN hearing and in sight of the ma
ions representatives, are a burning dis
to a nation claiming civilization or
'rofessing humanity or Christianity.
L viii refer only to a few w~ell-authenti-
ated cases. Emanuel Mason and his wife
'ere claimed as the property of Miss For
est, formerly of Marlboro, MARYLAND. but
4 the year 1859 resident of the District f,
OO-AOAd. oOAuC years Slice, MASON I
urchased his freedom for $500. He af- =,
srwards hired the time of his wife low the :
lonth or year, and kept house in the Dis !
dct, and has raised several children at s
is own expense ; and as soon as they were {
Irge enough to be of value, being born of a
slave mother, according to the law of 7
avery, were the property of Miss Forrest, :
nd they were all taken from him bv the J,
legged owner of his wife, except a little !.
m called Ben" [
About n year before March, 1859.
Iiss Forrest took the wife of Mason home.
ewing only with the father little Benz
time after an officer of the District =
He'd on the father for his son Ben, that :
too, might be sold for the benefit of I
pretended mistress. The officer could a
find him, andhe requested Mason to Z
and look Up the boy and bring him to b
eofiee. ING father did not produce Ii
e son as directed. He was consequent &
arre=ted, tried, and convicted, and the !,
lowing notice cf his trial is contained r.
tho NnEn-ln4&T " w