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Anti-slavery: Act Of Congress Of 1793

Anti-slavery: Act Of Congress Of 1793 image
Parent Issue
Day
17
Month
April
Year
1847
Copyright
Public Domain
OCR Text

But even though the provisión coi - cerning ihe surrender of fugitives from 1; 1 bor be ineffectual, and though Congre have the power to give it efTect by legi: laiion, the act of 1793 is void, because ' trar.bcends the legislative power of Cor i gress. By reference to the clause of th 1 Constilution, it will be seen that two ol 3 j jects nre to be effected - first, to avoid an H legislation or regulation by the StaU 1 j ging to discharge a fugitivo from labe 1 - secondly, to provide for the deliverin 1 upofsi:ch fugitive, udoiï claim, to tb L party to whom lus services are due.The act #f 1793 impliesa confession, b J j Congress, that no legislation to effect th 'j first object was aecessary, for it contaii 5 none. The net purporis to attain tli 1 second object by several provisions.Now, if this statutebe laid by theside ( 1 ihe constitutional provisión, it wjll h manifest that it goes beyond the power c Congress. First, it authorízes a party t be his own bailifF, and to aeize hisdebtor by force, in any State, without process without warrant issued upon probabl cause, in violntionof the fourth article o ihe amendments of the Consiilution.- Tho Cons'.itution was madeby the wholi people, as well slaves as freemen. f slave, being a person, is one of that peo pie. He is held to labor by law, as om of the people ; and however he may bi denied any participation in the Govern ment to which he is subjected, or in th contract for labor, still he is a memüe'-o the aggregnte Corporation for which th Constitution was made. The slave hai some legal rights, in his lowest estáte.- He may nol be slain, may not be asail ed without cause ; and, though deprivec of remedy himse)f, society eJnims and en forces it for him. The fourth article ex tends the rights which it guaranties to th people, and a slave is one of the people : The right of the people to be secure &c, against unreasonable searches an( seizures, shall not be violated," &c.- Secondly, the law of 1793 invades the rights of personal liberty secured by the fifth arlicle of the amondments to tht Constitution. By thnt article, no persoi can be deprived of life, liberty or prop ertv, without due process of law. Third iy, it invades the 7th article of the amend ments. Tho right of recapture hns beer declnred by tl)is court to be a commor law right. Il is thbrefore a right to lx (ried by court proceeding, ácc.j and ye the :aw of 1793 der.ies to the person nr rested the trial by jury! In the fourth place, the act of 1793 is unconstitution al and void, because it directs that a judgment of disfranchisement and perpetual labor mr.y be rendered againsi him, in his absence under duress by the plaintifT, upon ex parte evidence, and denies him the priviloge of bail. And thia is a palpable violation of the eighth article of the amendmenls. In the fifth place, the fourth section of the act is unconstitutional, because t subjects the party harborinp or concealing a fugitive from labor to punishment, while the constitutional provisión does not inhibit a citizen from yielding hospitality and entertainment. All these violations of what are called the New York amendments furnish evidence that stronger guaranties of personal rights wül be necessary, if the decisión here be agninst the defendant. Fiimlly, this act is unconstitutional, because, by implication, it recognises slavery as a lawful institution. All slavery is an open violaion of the personal rights guaraniied by the Conbtitution. Tbough Congress may. have no power to disturb slavery exisling in any State, it has no power lo oxtend it to States where il is not, or to compel such Suites to recognise it as lawful. Every day and evcry hour remind us that we are a free people ; that the Constiiution is a legacy of liberty, nnd that by that char:er all men are declared to 'oe free and ;qual. Slavery has no place in that

Article

Subjects
Signal of Liberty
Old News