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The Philanthropist (Newspaper) - May 22, 1838, Cincinnati, OhioA the philanthropist published weekly by the anti slavery society . Corner main us amp streets Cincinnati 110. Jambs Botok publishing agent a a a a fifty cents in Throe dollars if not paid a a exp Ray Uip year. Letters business should be directed to the publishing agent those relating to the editorial department to the editor. In All cases poet paid. 2. A a. Opened anti continued for Ever if practicable the manufactory and the farm will go hand in hand with the school if they can be once started. What say you friends a. Wattles. W communications. A a Fine Chance for coloured people a letter s. Warner. Our readers were undoubtedly much interested Ltd the letters . Warner published in no. 18 the philanthropist. The following letter will show that he has commenced operations. We commend it together with the communication a. Wattles to the special attention our coloured friends and All who feel an interest in their . Phil. _ Mercer co., april 23t1838. Or. Wattles a dear sir, i wrote you my business required More Ray personal attention than i expected which delayed my journey to the West so that i did not arrive Here Tail saturday evening the 14th inst. My Only inquiry Jiow is what can i do to promote the interests the coloured settlement in this place. The extent the settlement at present would not enable Nic to put All the Means i have into the engine. However i am unwilling to abandon so important an Enterprise and have therefore thought Best to get into some employment for the season by which i could sustain my family another year. The coloured people Here Are so afraid a Yankee that 1 cannot do any thing with them. Therefore i wish to know Doit allow will give me the improvement a piece your land say 20, 30 40 acres As i May be ble to Clear. If Ray son comes oat 1 think we Fiat be Able to get in-40 acres wheat by cutting the Small and deadening the Large Timber. Should terms justify me 1 who com Mence immediately and do what i can a should the anti slavery societies Portage a Beauga and a Kuhut a Ami ties have the same View the in this settlement that i have there will Dlf in operation Here before next sep silk. Hui an Thor year it will be necessary to have the Lac Iory started. It can be abundantly supplied with Wood As soon As it starts. The Call for cloth is great through a Large Section country. I am f Bure that i could find a location much More promising for me but i am desirous to spend a season to satisfy myself whether the Enterprise can be sustained not. At present f cannot see any insurmountable difficulties if we but act in unison. I shall remain in this Section until i am satisfied that 1 can do no goo should my family think by tfx move Here in Ifie fall we should wish to occupy your House in the Woods till another can be provided we think Best to abandon the object. We have eight children and must have a Good school for them. My own Wisdom is but foolishness and therefore i can Only do from Day to Day such things As appear to me to be duty believing that god will direct As he will not forsake so important a cause As the sufferings the oppressed. ,. I shall wait an answer. In Bonds affect Oft yours s. Warner. In answer to this letter i have informed brother Wame that j will give him a lease 40 acres Fot ten years a Odb also a deed two acres. Three coloured men in this City whose lands Corner with mine have each agreed to give two acres. So that he May have a lot eight acres. One them also will lease a lot 40 acres for ten years to him these lots Are located the Cross roads. I rope from whal goes before that die coloured is will see the necessity for moving frito the it As soon As possible for if Ive should fail securing the advantages which brother War Ner holds out it will be Many a Long year before another such Opportunity offers it is emphatically a god Send to us. When and where was the like Ever heard before a Man moving his whole manufacturing establishment for the purpose aiding the coloured people in their efforts at Elevation what would be the effect our coloured population if in every settlement were carried by them some profitable Branch manufacturing i leave the answer with you nay Breth Havu entered upon a Era. You run. No an inclined plane to learn some the a school and the whims and for support. Move Connecticut gives a Bounty every one dred Mulberry Trees cultivated for five years and fifty cd nits every Pound silk reeled a improved reel. Massachusetts gives a Bounty ten cents per la. Pit cocoons fifty cents per Pound reeled silk and fifty cents throw sting. Vermont gives ten cents every Pound cocoons raised. Maine gives a Bounty five cents every Pound cocoons and fifty cents every Pound silk reeled. The legislature Maryland have passed ski act giving a Bounty one Dollar every one Hundred chinese Mulberry Trees five years old planted for the purpose feeding the silk worm. They also give a Bounty ten cents every to Umof cocoons and fifty cents for every Pound raw silk reeled. The legislature York have passed a Bill granting a Bounty ten cents every Pound cocoons and fifty cents every Pound a f reeled silk. In the year ending 30th september 1836, the silk imported for Home consumption amounted to #22,136,954. This can be supplied by Domestic manufacture As easily As the Cotton Market has been. W. A f a. Augustus Wattles addressed the a. Boc. At red Oak wednesday last. At the close the meeting committees were appointed to take up a subscription for the g. A. S., and also to collect Money to defray the expenses the prosecution the kidnappers Eliza Jane Johnson. Quot Rev. John Rankin was appointed a Delegate to the yearly meeting. Or. Rankin will read an essay i the varieties race a the causes a. Warren co., o., March 7, 1838 dear sir a the 1st june last the anti slavery society Dicks cry ele and Monro was organized by tie election officer a Constitution the usual kind kind having been previously adopted by the members. Dr., Joshua Stevens Monroe was chosen Prest. Wow. Caldwell rec. Sec. And a. My Farlaine Cor. Sec. The following resolutions were adopted Tiani Moush. A 1. Resolved that slavery is a great evil moral and political Aud that the Only just Safe and effectual remedy is immediate emancipation. 2. Resolved that the project Quot Southern slaveholders to Annex Texas to the United states to secure the Ascendancy to slave holding in the councils the nation ought to meet with the disapprobation and opposition every Friend to the liberties and welfare this country. 3. Resolved that the religion which sustains attempts to justify slavery contradicts and Dis honors both the Law and the gospel infringe upon the authority god and the rights men gives encouragement to the exercise the worst passions human nature and to the perpetuation the greatest enormities which Spring from them. 4. Resolved that the late proceedings in Alton ii., terminating in the murder the lamented Lovejoy discover in a Strong but True Light the spirit by which slave holders and their allies Are actuated and show that they will not hesitate at the commission any crime in support their a. A a 5. Resolved that the Freedom the North cannot consist with the slavery office South and that if the slave holding influence should Preponderate in the Union we have reason apprehend that the right petition and the Liberty . Speech and the press Mil utterly prostrated. 6. Resolved that it is the imperative and in dispensable duty every Man to Bear Hist decided testimony against system american slavery and to use every scriptural and constitutional Means to effect its entire abolition. At a subsequent meeting the society resolved to become auxiliary 1o tote Ohio a. Society and directed that an account the formation and proceedings this society be communicated to the a philanthropist. Yours respectfully a a a a. Mcfarlane. Cor. Sec. We entertain the Hope that our society will increase in strength and efficiency and be Able to exert a Salu tiry influence upon Public sentiment in this Region. We Are confident that the truth to that you have never and the right however overborne for a time by obstinate prejudice and sordid avarice will finally prevail. We anticipate the formation a popular a Entin ten to which slavery Ith All its Brazen impudence will not be Able to confront. Even the prevalent judgment Christendom strongly condemnatory the wicked and shame Ful practice american slavery. Slavery has succeeded it it with an atmosphere so polluted and pestilential that Liberty sickens soiled Region we find that the atmosphere ready co give it to any society he will 8u8taln a Republican manual labor school a ism it if friends the coloured people pie themselves will a erecting suitable build Ings a school the character specified will be a a sup density and noxious Quality length Freedom can Jive and breathe and Justice and religion can utter in a Iid Ghant tones their reprobation the unchristian and barbarous custom slave . Kcf. M Mam must do some the done before. Send your sons manufacturing Are they will never be caprices their superiors out into the country buy land seek those places where you can do Best to use a common say Dag help yourselves and your friends wifi like you the better a help yourselves by Merit and Industry week to become honorable by becoming hcs within its limits. But a we recede fro useful change the occupations a merited foe do 1 a a a ill a a u a More respectable character. No matter if is not so lucrative do it for your children for your people for your Good name in the nation. Your character can never be changed till you change it yourselves. Change character supposes a change habit Frange thought change feeling and change conduct. Those who Are willing to do any thing May Send word to me at the anti slavery office. It will soon be known whether your character for Enterprise has been rightly judged by an observing Community. An Opportunity like the present has never before occurred for testing it. Time cannot be wasted individuals must let us know immediately what they will do. Brother Warner As Well As myself feel that we must be acting some where. If the people this settlement Are not willing to come Forward and sustain the Enterprise we must go to some other place where they Are willing. I wish All who own land in die settlement would write Cincinnati and let me know How Odiev h��?T1 �?�a80 Wen a hey Wal move i "h0 interested Are requested to make donations. I have 160 acres Laud which i purchased for the express , Esu he ing a manual labor school for coloured boys a tar but not to Enimio we a a t a v Par Wane i a in anti slavery. 1 a 11 -1 a Quot Quot r m a it a from Friend a Mon constitutional argument the subject slavery delivered before the York stale convention at an anniversary meeting the York state anti slavery society 20th september 1837. By Alvah Stewart esq., Utica. The argument appearing to the convention to open a and most highly important View the subject slaver the convention in consonance with the wishes . Stewart without expressing an opinion As to the correctness the argument ordered the same to be referred to the meeting the Parent society at its anniversary in May next for further consideration and that m the mean time the executive committee cause the same to be published so that it might pass through the ordeal consideration and discussion before the same should be permanently adopted if found Correct. The argument. Congress by the Power conferred it by the Constitution possesses the entire and absolute right to abolish slavery in every state and territory in the Union. This could be effected by the enactment a declaration Law in pursuance and in conformity to the 5th article the amendments to the Constitution the United latter part this article is almost a extract in words and spirit from the Magna charts Tufe great Bill England a liberties. The latter part the 5th article the amendments to the Constitution the United states says nor shall any person a be deprived life Liberty property without due process Many other essential rights Are secured in this same article to the citizen As that no person shall get subject for the same offence to be twice put in jeopardy life limb and that no Man shall be compelled to be a witness against himself in a criminal Case but the most essential is the one which forbids a any person being deprived his life Liberty property without due process that Congress should possess Power to abolish slavery in this nation without Lim Tarioli ter to place May be startling to some As a proposition especially As it. Has been admitted in the Constitution the american anti slavery society that Congress did not possess the Power Over the slave states. It is humbly submitted that this admission was made by the Parent anti slavery society in its Constitution Aud by Many constitutions local societies sit Ceas imitators the Parent without restoring upon the subject the amount investigation which so solemn a subject demanded. That Constitution though framed by some the Best lands and hearts in this land yet it must remembered was made in tire infancy this his Reto r mat ion when the great que Fitins which have since Quot teen so ably discussed had a ardly been grazed by the inquirers after truth. But after All unless slavery has corrupted our language so far As to make it a Spalter in a double sense and while it keeps the word Promise to tie ear it is meant to break it to the Hope a unless it has changed the primitive meaning and eat out the very heart and soul words employed and understood As having certain , which the words represented from the Days King John in the Vale Runney Meade to the Day the final adoption the federa Constitution then can we have no doubt that every human being in this Union Black White Bond free has invaluable blessings secured to him by the 5th article the amendments to the Constitution. The sturdy Barons and Wise pen England compelled a volatile King to subscribe Migna Charia 500 years ago containing the words our article and from that Day to this every englishman and american has claimed the invaluable principle a that no person should be deprived his life Liberty property without Aue process Lawas a part his inheritance arid Birthright. The first inquiry we shall Institute is to know what is meant by the words without due process for it is important to know what that �?odueproces8 Law can be which has Power to deprive a Man his life Liberty property. And this subject is it believed no lawyer in this country England who is worthy the appellation wifi deny that the True and Only meaning the phrase a due process taw a Dull a dict ment presentment by a grand jury not less than twelve nor More than Twenty three men and a judgment pronounced the finding that Jui Rhy a court. Judge Story in his commentaries upon the Constitution the United states Page 663, speaking this sentence this article the Constitution says a that the other part the clause is Bill an enlargement the language Magua Chartan a Nee super cum i Imus Nec super pm Dittimus Nisi per Legale Judi cum Pari uni Suo i Vel per Leger Terra neither will we pass upon him condemn him but by the lawful judgment his Peers by the Law the land Loal Coke says that these latter words per Leger Tome a by the Law tire land mean by a due process Law a that is without due presentment indictment and being brought i to answer thereto a by due process Law. So that this clause in effect right trial according to process and proceedings common in fact this constitutional provision is nothing but one those invaluable principles priceless in character drawn from the vast a Tarry the common Law. The framers the Constitution fear ing and knowing that a different Rule principle prevailed in some the states in relation to cer Tain unfortunate persons known under the name slaves determined to incorporate this Branch Magna Charla into the Constitution As a it mad mental Law the confederacy belief ing that 506 years eventful experience proved its soundness As a chief Corner Stone in the edifice constitutional Liberty. Here it will remain forever canonized not As a principle but As an old one in a place.1 v a. A a it must not be forgotten that before the revolution which separated a is from the British Empire up provision was made Between the colonies this country for the surrender fugitive slaves. Neither was there anything said the subject slaves in the articles confederation which lasted twelve years As to the restoration fugitives. Therefore up far As the Northern states trere concerned in tie adoption the Constitution they assumed a and Peculiar position in relation to slavery before the world. The North having agreed to share equal legislative Power with the South in relation to the District Columbia and the territories where slaves might be and having obligated themselves though free states to surrender fugitive slaves being thus under the double obligation acting in disobedience to the Plain and unequivocal dictates humanity in agreeing to surrender the fugitive slave re ther to Kidnap my Cor the Benefit the slave Holder and if this St be should raise the Standard insurrection m defence the most ennobling and holy human principles the love Liberty the Man the North further agreed to smother All respect for the nobility the act and in Defiance his conscience go and poor his blood out in the suppression that insurrection All these engagements the part the Man the North gave my full Poer to insist what forms should be gone through with to constitute and make the Man a slave whom he was bound to Kidnap am restore to his master and kill the Field Battle for fire crime Loving and asserting his Liberty the nten the free states being made partakers in the crime slavery out Courtesy might firmly As they truly did insist that the Constitution should contain the Only Mould in which slaves should be run and if they were not made in that Mould with All its forms they could not exist that constitutional Mould was in these words a nor shall any person be deprived his life Liberty property without due process we must bring to the mind in carrying out the True theory the Federal Constitution at its formation that the whole Sovereign people the thirteen states in Legal contemplation were present acting in one vast Assembly Etc body where every thing was understood and discussed bearing the great subject under consideration. In theory there was one vast Assembly the american people in the convention constituting the primary elements society in its original sovereignty agreeing upon the principles for the Federal government and Union and it would require no great stretch the i magi nation to suppose that after providing for the general Powers government in peace and War in relation to foreign nations the states and Indian tribes that they should have been particularly anxious to erect a Strong Citadel for the Protection Man As Man from the tyranny his fellow beings. We May suppose that from one part the Union a speaker should Rise and say that in the Section country from which he tame owing to the late troublous times the revolutionary War in. Which committees safety had from necessity assumed supreme Power Over individuals that even the same practice was continued without any the Legal forms known and observed by the common Law for the Protection life the conviction the guilty and that men haul been de moved life by Lynch Law a without due process Law a and he therefore claimed that no Man henceforth should be deprived life except by due process Law while another arises from the North and states that slavery wifi never be assumed As a part the Burden and crime the North unless it is identified by great constitutional ear Marks by infallible tests so that the fugitive May be known and All who Are. Claimed As such May be distinguished As those who have been deprived Liberty. What i mean says the speaker is that each Man woman and child claimed As slaves before they shall be deprived Liberty shall always have an Opportunity As ample As the benignity the common Law to vindicate their Reedom so far As the forms a trial Are concerned did they shall not be deprived their Liberty and become slaves except by the indictment a grand jury and trial by a Petit jury and the judgment a court thereon that the person is a slave and the property a. And this trial let the person claimed to by a slave have the Benefit counsel appointed by the court if he is unable to employ one let him plead he is not a slave and it the Burden proof lie upon him who claims to get proprietor the supposed slave. Let the person claimed As a slave have the Benefit compulsory process to compel the attendance those by whom his Freedom May be maintained. But if the Petit jury agree oath unanimously that he is a slave let the judgment the court he pronounced that he is deprived his Liberty a by due process Law a and let there be a record made up stating these facts As an enduring memorial and filed with the clerk the court As a perpetual testimonial that this person has been deprived his Liberty according to the Constitution. The Trian the South rises in convention and says that Many persons Are claimed As slaves who Are not and others who Are who think they Are not. This Mode trial wifi Settle the question so that it May not be a matter unending dispute and we the South Are willing to enter the confederacy these terms that a in person shall be deprived life Liberty property without do process a a a a the great and difficult question was arranged in the formation the Constitution. Let it not a said that the Muster had antecedent to the Constitution vested rights property in the slave for granting a a hat proposition still die master for the greater Security from his slaves insurrections aria flights agreed upon a criterion upon a definition slavery and upon a slavery which was first proven by the course a Legal trial the most important character. Another important question arises which is if the Constitution established the terms which slavery might exist and if those terms have not been complied with is it not proof positive at least a constitutional presumption that there Are no persons in this land who could legally be proved to be slave provided the great constitutional formula is complied with As this was the Only evidence slavery recognized by the Constitution and even that has not been complied with in a single Case in 48 years. The indictment trial and judgment against a person As a slave is tie commission by which the master was authorized to exercise those Powers Over the slave supposed to belong to him As master. Without this commission this Eon situational authority growing out an indictment trial and judgment against the slave the act the master in exercising Dominion Over the slave is As unconstitutional As for a Man with out commission election appointment to assume the duties sheriff and hang a Man untried but suspected murder. It would be murder in the assumed sheriff because he had no commission no Milter How guilty the individual who was executed. The inquiry is had the sheriff a commission had he authority to hang the Only difference Between a Freeman and a slave under the Constitution was that the Freeman was deprived his Liberty by due process Law for crime and the slave was deprived his Liberty by due process Law simply because he was a slave and the Constitution gave him an Opportunity once in his life to vindicate his Freedom. Indictment trial and judgment Are the modes by which under the Constitution the White Man and Black Man both lose their Liberty and by no other process can they constitutionally be deprived it a one for crime the other from misfortune. Again in the 3d clause in the 3d Section the 4th article the Constitution which relates in part to fugitive slaves the people have in their Sovereign capacity legislated this subject saying that to no person held to service labor in one state under the Laws thereof escaping into another shall in consequence any Laws regulations therein be discharged from such service labor but shall be delivered up claim the party to whom such service labor May be when the Man South Carolina pursuing his fugitive slave to Hampshire comes and demands his slave to be delivered up what will the Granite state say to the slave Holder the Palmetto i acknowledge i am bound to make out an order and deliver up this fugitive to you Asa part the grand compact the Constitution provided this fugitive has been deprived his a Liberty by due process that is the grand principle which the men the free states consented that slavery might exist and Only in those cases where the person was deprived his the a Section Liberty by due process Law by indictment trial and judgment against him. Now says the magistrate 1 know slavery in no form shape under the Constitution except where the slave has lost his Liberty by due process Law and that was the tenure by which slaves were to be hoi den in the u. Of America and by no other and so the North and the South East and West have agreed in the Constitution and if you can produce me a record the exemplification a record showing to me that a court competent jurisdiction proceeding upon the principles the common Law by the indictment presentment a grand jury not less Thau 12 More than 23 men who have found that indictment made that presentment oath and that 12 men their oath As a jury have said the trial the fugitive that he was a slave and a court has pronounced judgment thereon then i wifi make a order for you to take the person As your fugitive stave otherwise not. No matter what evidence you produce to show that you own the slave if your tide be unbroken through five generations men and if you seems have a Bill Sale from him who claimed the fugitives Mother and grandmother that wifi not answer. The word a a person is used for the fugitive slave in the 3d clause the 2nd Section the 4th article a a no person held to services <fcc., the word person Here Means a slave and in other parts the Constitution the word a a persons is used for slaves As in the 3d clause the 2nd Section the first article speaking those who shall constitute the basis representation in Congress after including the whole number free persons and those bound to labor excluding indians not taxed and a three fifths All other persons a by which slaves Are intended in the last part the sentence. The slave is designated under the appellation persons in fixing the basis representation also the word a a persons in employed to denote the the fugitive slave in the 2d Section the 4th article and the words in the 5th article amendments tie Constitution a nor shall any person be deprived life Liberty property without due process 4aw,1�?T must necessarily include slaves. A for if it did not after having previously twice used tie word a a person where it meant slaves if it did not intend to embrace the slave there would have been an exception in relation to the slave. The words the a Constitution Quot have no exception like the following a Tuor shall any person exc Tell slaves be deprived their life Liberty and property without due process Law any person a is equivalent to every body. The word a a person wheat used under the Terras a three fifth All other person so my tried to designate slaves exclusively if the sense if is there used in the last article. V ,. F no person held to service labor in pne state under the Law s thereof escaping amp a. 2d 4th article in this article the Constitution the words. A no person Means not Only slaves but with apprentices bound to serve their masters for a limited time and the sons daughters a Parent being minors and a Many a wife escaping from the person to whom their service is due to another state May be delivered up As Well As the slave the words a no person Here May mean the fugitive slave the bound free apprentice the wife he son daughter it is believed none will dispute. Every person a in the 5th article the amendments tie Constitution covers the whole ground our humanity and Means Evere body without exception in other words it is As Plain As though it had said no human a a being living in the United states who May hereafter live in said states shall he deprived his life Liberty property without an indictment by a grand jury a trial by a Petit jury and the judgment a court thereon. Before advancing to the other Branch this argument we May be permitted to assume at this stage our reasoning that there is not a slave at this moment in the United states upon the terms mutually agreed upon by the people this country at the formation the Constitution. If this be True any judge in the United states who is clothed with sufficient authority to Grant a writ Hareas Corpus and decide upon a return made to such a writ the master and slave being brought before said judge to inquire by what authority he the master held the slave if the master could not produce a record conviction by which the particular slave had been deprived his Liberty by indictment trial and judgment a court the judge would be obliged under the oath which he must have taken to obey the constipation his country to discharge the slave and give him his full Liberty. 2. Upon the same principle no judge magistrate court in he free slave states is authorized to make an order to deliver up a fugitive slave unless the master produces a record the conviction the slave showing that he has been deprived his Liberty by an indictment trial and judgment a court by a due process Law a let it always be borne in mind that the cons Titu ion being a supreme act the Sovereign people acting with the oneness a consolidated Empire and not As distinct Sovereign ties in its formation becomes Paramount to the Constitution Laws usages any single state whenever and wherever they conflict. So fully sensible that the Constitution the United states would be but a rope Sand unless the same and the Laws made in pursuance it by the Congress were Paramount to All state constitutions and legislation that the american people did not chose to leave it As a matter inference hut incorporated the same into the Constitution the United states. A Congress shall have Power to make All Laws which shall be necessary and proper for carrying into execution the foregoing Powers and All other Powers vested by this Constitution in the government the United states in any department officer thereof a 18th clause the 8th Section 1st article. That instrument in which this tremendous Power Man Over Man was lodged some finding it in one article and some in another but they have All agreed it does exist somewhere in this revered instrument. Admitting that the monster slavery is permitted to exist with limitations and restrictions in the Constitution we contend that it can exist no otherwise in amp As the Constitution has said it shall exist which is that a no person shall be deprived his Liberty except by due process Law. A until this great constitutional pre requisite has been complied with no Man in the nation can have a constitutional deed another a body and the control its Powers. The slaveholder has never seen fluto comply with the great compact agreed in tie Constitution by which which the Power to hold a slave was created. But the slaveholder has assumed a jurisdiction Over the slave in the very face the Constitution and contrary to its solemn interdict and High Behest. The Way these a asserted rights the slave i ave lain dormant and unexamined t i Al a up under the Bonds slavery to take the very first step which is to appear in a court Law to vindicate his right for and to himself. For in the slave states the barbarous Rule has become Kwh by which every person in whom there is african blood is presumed to be a slave till the contrary is made to appear. T. The coloured Man instead going into the Temple Justice with the charitable presumption in his favor that he is a Man and a Freeman comes with a Prima Facie judgment against All his inalienable rights. The Laws those states in which slavery exists say in Defiance he Constitution he nation that the coloured Man is Tobe considered a slave and his hiring african blood in his veins is made4he testy instead the one Laid Down by the United states Constitution which is a re Cord conviction showing the individual to be a slave by due process Law. The Constitution the United states presumes the coloured Man a Freeman wherever he is found in the confederacy. And that presumption can Only be rebutted by the recorder conviction staving that he has Bee-4 priced that Liberty by due process Law. Ilion Laws the slave mates say the test for the loss Liberty depends upon a Many a blood tie curl his hair the distended nostrils the thickness his lips the darkness his complexion. The cons Matioda the de states says it depends not blood ancestry the country origin the Shade comply Eurim the nostril lip but a record judgment pronounced by a court oath by a Petit grand jury oath and by evidence taken before the juries and court Oil oath. Each and every step taken in this moral demonstration and search for troth was to have been under that solemn Appeal to the retribution the eternal judg Beitf Abr the truth the testimony taken As for the opinions formed that evidence by the grand Andre tit juries Ami court. _ j a which these tests ought to prevail we can entertain no doubt As Long As the Constitution the confederacy is Paramount in authority to All state constitutions and Laws made under them judicial decisions slave states made in hostility to the Federal com pact but it Inay be inquired Why has not the slave r fifth ref i it. A dfc3 d m Bui More particularly the second Section the 6th article the Constitution the United states establishes the proposition which is a this Constitution and the Laws the United states which shall be made in pursuance thereof and All treaties made which shall be made under the authority the United states shall be the supreme Law the land and the judges in every state shall be bound thereby any thing in the Constitution Law the state to the contrary notwithstanding. It seems to have been a matter very great anxiety among the politicians the slave states to satisfy the american people that slavery was an institution recognized in the Constitution the United states. To be sure they have had great disagreement amongst themselves As to the article Section a the ont Tulion having taken up staked out and defined the great landmarks personal Liberty and having Jim own the horse York Why they have no text changed their hard masters Lor the unbounded Liberty the wild and 1 untamed horse the vast the Western wilderness Man was Mot a slave justly when made so by All the Ricot our National Constitution. Rank in ustice lies at the Bottom he principle even when the slave had had the Benefit All the forms ire pared by that Constitution for his defence. But a because the Constitution was Roito �11 shaking a even by due process Jiw that is no reason for stripping him the rights and presumptions which tie Constitution has Flung round do for his defence. The practice has been for the lordly slaveholder his agent in All the Pride wealth to pursue Lis fugitive and very slim proof before a magistrate that the Man had been in his service some a me that he had bought a Iii for that he was born his Plantation. Without pushing inquiries further the magistrate makes an order and de Ivers the helpless fugitive to his alleged master. The fugitive is taken from the state York to Alabama. It who is there in York to carry up this decision the magistrate to the supreme court this state the fugitive who might claim tide to his body plaintiff is gone As Well As the master who should be the defendant both out. Of this state. How could the supreme court obtain jurisdiction by was reviewing the magistrates decision both parties Are gone from the state. But supposing some Friend humanity should at his own expense have the magistrates decision reviewed by the supreme court and carry the cause there and that court should reverse the judgment the Justice. What Benefit can accrue to the slave the supreme court this state can Issue no writ for deliverance beyond the Bounds York consequently in the course 46 years amidst the thousands fugitives who have been sent into slavery from this state no argument in the supreme Chart the court for the correction errors involving the great constitutional rights the slave has Ever been considered debated a one two cases have been before the supreme court and court errors incidental Points involving an inquiry into the rights persons claimed As slaves. The Congress the United states would not have conferred the apparently immense Power without the trial by jury upon single judges and even single magistrates moderate capacity with Little learning in every town and Village in the United states to deride so great a question is whether one our citizens was a Freeman slave hut upon the presumption that every slave in the nation at some period had Len deprived his Liberty within the meaning the Constitution by due process Law and that the record that conviction by a grand and Petit jury and judgment a court would always be produced by the master his agent to the jury magistrate As the Vety title deed proving that the Man had lost his Liberty by due Procew Law. This a the reason Why the act Congress makes no provision for a trial by jury in Case a fugitive presuming that the Man had once the full Benefit a jury trial otherwise he could not be called a slave. But after All it May be asked if the Constitution has made provision that no person shall be deprived Hie life Liberty without due process Law Why May not Congress pass a declaratory act carrying into effect the spirit and intention this article the Constitution 1 a if there he any general principle which is inherent in the very definition government and essential to every step the Progress to be made by that the United slate it is that every Power vested in the government is in the nature Sovereign and including by the Force the term a right to employ All the Means requisite and forcibly applicable to the attainment the end such Power unless they Are excepted in the Constitution Are immoral m tray to the essential objects political society. A a Quot try a judge Story. M my
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