FREE BOOKS

Author's List




PREV.   NEXT  
|<   464   465   466   467   468   469   470   471   472   473   474   475   476   477   478   479   480   481   482   483   484   485   486   487   488  
489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   >>   >|  
of having made so infamous and corrupt a bargain in regard to the slave trade can and does most eloquently declaim against the monstrous injustice of supposing them capable of the least act in favor of slavery! [221] XII. Wendell, p. 314. [222] XIV. Wendell, p. 530; XVI. Peters, p. 608. [223] Indeed, if we had produced all the arguments in favor of the constitutionality of the Fugitive Slave Law, it would have carried us far beyond our limits, and swelled this single chapter into a volume. [224] This decision of the Supreme Court, which authorizes the master to seize his fugitive slave _without process_, (see his speech, Appendix to Congressional Globe, vol. xxii., part 2, p. 1587,) is exceedingly offensive to Mr. Chase of Ohio; and no wonder, since the Legislature of his own State has passed a law, making it a penitentiary offense in the master who should thus prosecute his constitutional right as declared by this decision. But, in regard to this point, the Supreme Court of the United States does not stand alone. The Supreme Court of New York, in the case of Jack _v._ Martin, had previously said: "Whether the owner or agent might have made the arrest in the first instance without any process, we will not stop to examine; authorities of deserved respectability and weight have held the affirmative. 2 Pick. 11, 5 Serg. & Rawle, 62, and the case of Glen _v._ Hodges, in this court, before referred to, (in 9 Johnson,) seem to countenance the same conclusion. It would indeed appear to follow as a necessary consequence, from _the undoubted position, that under this clause of the Constitution the right and title of the owner to the service of the slave is as entire and perfect within the jurisdiction of the State to which he has fled as it was in the one from which he escaped. Such seizure would be at the peril of the party_; AND IF A FREEMAN WAS TAKEN, HE WOULD BE ANSWERABLE LIKE ANY OTHER TRESPASSER OR KIDNAPPER." [225] Story on Constitution, vol. iii. book iii., chap. xl. [226] The framers of the Constitution in that Congress were:--"John Langdon and Nicholas Gilmer, of New Hampshire; Caleb Strong and Elbridge Gerry, of Massachusetts; Roger Sherman and Oliver Elsworth, of Connecticut; Rufus King, of New York; Robert Morris and Thomas Fitzsimmons, of Pennsylvania; George Reid and Richard Basset, of Delaware; Jonathan Dayton, of New Jersey; Pierce Butler, of South Carolina; Hugh Williamson, of North Carolina; Willi
PREV.   NEXT  
|<   464   465   466   467   468   469   470   471   472   473   474   475   476   477   478   479   480   481   482   483   484   485   486   487   488  
489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   >>   >|  



Top keywords:
Supreme
 

Constitution

 

process

 

decision

 

master

 

Carolina

 

Wendell

 
regard
 

escaped

 
seizure

perfect

 

jurisdiction

 

FREEMAN

 

entire

 

service

 
conclusion
 

follow

 
countenance
 

referred

 

Johnson


Hodges

 
infamous
 

clause

 

ANSWERABLE

 

corrupt

 

consequence

 

bargain

 
undoubted
 

position

 

Fitzsimmons


Thomas
 

Pennsylvania

 
George
 

Morris

 

Robert

 

Elsworth

 

Oliver

 

Connecticut

 

Richard

 

Basset


Williamson

 

Butler

 

Jonathan

 
Delaware
 
Dayton
 

Jersey

 
Pierce
 

Sherman

 

TRESPASSER

 

KIDNAPPER