{"1": {"fulltext": "", "height": "3272", "width": "2378", "jp2-path": "objectionstoacto00lcdorr_0001.jp2"}, "2": {"fulltext": "V\\nN^-\\n,0^\\nV-.\\n\u00e2\u0080\u00a2I o\\n\u00e2\u0080\u00a2^^0^\\n.^\u00e2\u0080\u00a2^^-o\\n%--V v-V v^ ^rrl *i s; r\\nco^.-.-/^^, co c-.-.---^\\n\u00e2\u0080\u00a2^^0* -oV -^^-0^ -c-^-^ -O^ -oV**\\n4 o\\n\u00e2\u0096\u00a00\\naO-\\ni*^ -7-, iVXlr M,^ A CI\\nV.\\n0\\n1V-", "height": "3145", "width": "2399", "jp2-path": "objectionstoacto00lcdorr_0002.jp2"}, "3": {"fulltext": "-%9^\\nt^\\n\u00e2\u0096\u00a0p\\nV-^\\n.0\\nO 5 V\\n^-0^ f^^ ^v*\\nS/VW/^ \\\\^w.^ %.;--?i^^v V%?--.,*^\\nV-/;^v,\\\\\\n^0^\\n-n^o\\n:^ii) ^S ^0\\nV ?%T^\\nJ^\\n,-.v\\n0^\\n.0\\n\u00e2\u0080\u00a2^^\u00e2\u0080\u00a20^\\nV\\n^SvT,\\nV\\n\u00e2\u0080\u00a20\\n.(y\\n,0\\nH o.\\n:t:: V \u00c2\u00b0^^V V :f^\\n4 X ,J^-.J", "height": "3115", "width": "2485", "jp2-path": "objectionstoacto00lcdorr_0003.jp2"}, "4": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0004.jp2"}, "5": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0005.jp2"}, "6": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0006.jp2"}, "7": {"fulltext": "-is i3# 7^ ^-i- sTj anC wra ^j^^ .^-.i:\\n(:;3\u00c2\u00bb \u00c2\u00bb7\\nf later library Loan Servieo\\nA a~^ 0T -fr i.4\\n.Oetj*\u00c2\u00abr ?5, 1975\\nU:\\na\\n-C*- iS? ifyB^ L it-iNw** t i^A^illg ;l\u00c2\u00abB\u00c2\u00bbX\\nDear l^rotesrt 1\\nliil i\\n^N^^^ ^jv^j,,..,^- 1^ \u00c2\u00abt\u00c2\u00ab ff tea -^ai\u00c2\u00abd t6\u00c2\u00abn(sclfeea i^TSjb* t\u00c2\u00a9 m \u00c2\u00abttestla\\nj^^ij u V f^^s.d\u00c2\u00a3^P^ chocking oo the -pMfe: \u00c2\u00bbapr^peadenee, I its s^sftrrassed\\nn V Tr~c *4*\u00c2\u00ab^. 0i*\u00c2\u00abo\u00c2\u00bb\u00c2\u00abr iKW Xos^ thi\u00c2\u00ab-4stt\u00c2\u00aes~ hes beee l#^t THBar\u00c2\u00absolTfed^\\nSoasiiaM la 1569i on th\u00c2\u00ab baali of loc\u00c2\u00ab41 fcsf o\u00c2\u00bbotion vhieh\\njxpx eoppllady ve Mkad our Book Order DepartBxsrt to acquire\\nxerox copy to replace yotar original vMeb wm lost in the\\nBails* Z assoaed that the matter -would elaarsd irithout\\nfarther inrolTeisent on otxr part* Ifa^rtusately freas a\\ntlae point-cf-Tiew^ Boot^flrcttors tried to locate another\\nortglfial* Falling in that, the order Baa just been vegetating\\nin their fllas, f v\\n\u00e2\u0080\u00a2-,_ 4 -.:\\\\i^\\nWe hare placed AxercoE, ord\u00c2\u00ab2^ tz^ey with oo\u00c2\u00ab of t2a\u00c2\u00ab libraries\\ncredited with_ thifl. tltla la j;h\u00c2\u00ab I\u00c2\u00bbro-*56 5UC, If ywi wcmld\\nlike OS to My* the jceroi TMWsd for yow is any laty, please\\nlat tuB Isoir. T:f ve do not r*c\u00c2\u00abive itMtraetioitf, wo vill\\nT forvard.tb^ \\\\\u00c2\u00bbbouiKl copy toi-3rQ^,as sooe aa it ia receiredtf\\nif*I,, A\u00c2\u00abiV^\u00c2\u00bb- *jp^ I i V\\n\u00c2\u00ab_\u00e2\u0080\u00a2% Siaearoly yours 1\\n\u00e2\u0099\u00a6A\\n(Mrs.) Both K. Eirk, Bead\\nZhterlibraxy Loan Sarvica\\nBK\u00c2\u00a3zdel\\n\u00c2\u00bbloeare", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0007.jp2"}, "8": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0008.jp2"}, "9": {"fulltext": "FUGITIVEf.SLAYE mw\\nA ]V S WE K E\\nJ IN- 4iLETTER TO\\nM,\\nHON. Yv^ASHiNGTON HUNT.\\neOYZENOK ELECTT OF TKE STATE OF VEW YOTSKi\\nJ A IM E S aV^Id aR R,\\n\u00e2\u0080\u00a2A MEMBEK Of THE NEW YOEK BAJL\\nNEW YORK.\\n1850.\\nLM", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0009.jp2"}, "10": {"fulltext": "rro 1974", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0010.jp2"}, "11": {"fulltext": ".J*\u00e2\u0080\u0094.. :mifm,i,,ii-M.A,j^^\\nvr:\\n\u00e2\u0096\u00a03737\\nI propose to reply to the five objections which have\\nbeen most Irequenlly made to the Act of Congress of Sep-\\ntember ISih. 1850, commorily called the Fugitive Slave\\nLav,-.\\nMy object is to remove doubts as to the constitutionalitj-,\\nlegality and propriety of this Act from the minds of good\\nciUzens, who are smcerely seeking the path of duty. I shall\\ntherefore use language certainly legal, but as little as possi-\\nble technical.\\nFIRST OBJECTION.\\nThat the Fugitive Slave Law deprives persons of the\\nright of Habeas Corpus, and that therefore the Act is un-\\ncoDstitutionnl and illegnl.\\nrLEI LY.\\nThe right of Habeas Corpus is a right of a prisoner, in\\ncertain cases, to be taken before a magistrate, in order llial\\ntlie lef^alily or illegality of his imprisonment may be invest-\\nigated and decided by the magistrate. This right is con-\\nfirmed by Section 9lh, Article 1st, of the Constitution\\nof the United States, in which it is declared that the\\nprivilege of the writ of Habeas Corpus shall not be sus-\\npended, unless when, in cases of rebellion or invasion,\\nthe public safety may require it. This right is also\\nconfirmed bv Section 4th, Article 1st, of the Constitution of\\nthe State ol New York, and by the Constitutions of all the\\nseveral States of the United States.\\nThe ri;:ht of Habeas Corpxis is not mentioned in the\\nMacna Charta of Great Britain, though it is claimed as a\\nricht at common law. The writ of Habeas Corpus is not\\nO-.*", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0011.jp2"}, "12": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0012.jp2"}, "13": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0013.jp2"}, "14": {"fulltext": "u\\n1 1 IM\\ngrant.ible of course, but on niotioti staling a probable\\ncause tor the application. If the evidence produced to\\nsupport the application show the legality of the impris-\\nonment, it is the duty of the magistrate to ret u.-e to grant\\nthe writ, and the prisoner must remain imprisoned. The\\nFugitive Slave Law impairs no riizht of Habeas Corpus\\nwhich existed before the piis. age of this law. Application\\nfor the writ may be made as Ireely as could have been\\ndone if this law had not been passed: and there is nothing\\nin the law to prevent the j^rantm of the writ upon proba-\\nble illegality of imprisonment bein shown by the evidence\\nproduced in support of the applicuiion. The.~e great prin-\\nciples of law have been clearly and forcibly set forth by\\nAttorney General Csittende.n, and Justfce Griek, in their\\nopinions recently published.\\nBut I go further than r\\\\Ir. CiiiTTr\\\\DEN and Justice Gbier.\\nin reply to this first objection, and hold that the P ugitive\\nSlave Law is virtually and substantially a law, exte.ndi.no\\nTHE BE.\\\\EFIT3 OF MABE.VS CORPITS, I.V CERT.\\\\I\\\\ CASES. TO\\nFCCITIVE SLAVES, A.VD TO HEESO.VS CL.MXED AS KITGt-\\nTive SLAVES. The substantial benefit of Habeas Cor-\\npus, is the right to a speedy examination by a compe-\\ntent magistrate, of the legality or ille-iality of the im-\\nprisonment complained of. The sixth Section of the Fu-\\ngitive Slave Law, provides for this most amply. No\\netFectuai action can be had imder and by virfue of the sixth\\nSection of this law, unless the ptrrsi n arrested shall b-; taken\\nforthwith before the Court, JHd j:e, or Commissioner, whose\\nduty it shall be to hear and determine the case of the ciaim-\\nant in a summary manner. The proceedings before the\\nmagistrate are precisely the same as proceeriings in Habeas\\nCorpus. The duty oi the ina jistrate is precisely the same\\nin both cases nainely to hear and determine upon the\\nlegality or illegality of the irnpristmrnent. Any anri all\\nthings which mi^ht bo argued or urged in proceedings un-\\nder Habeas Corpus, may be with equal force and efi ect ar-\\ngued or urged before the magistrate under thi.s law. The\\njurisdiction of the magistrate himself, and the constitution-\\nality and legality of the Act itself may be drawn in ques-\\ntion. Further than this, by Section 6th, of the Fugitive\\nSlave Law, thi- claimant must produce sittisfactory proof\\nto the magistrate, that the person so arrested does in (act\\nowte service or kbor, to the person or per. ons claiming,", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0014.jp2"}, "15": {"fulltext": "Ba TBraiaa-\\nating a- probable\\nence produced to\\nity of tlie iinpris-\\nto refuse to gj-ant\\nimprisoned. The\\n)f Habens Corpus\\nlaw. Application\\ncovild have l een\\ni tiiere is nothing\\nwrit upon proba-\\nII by the evidence\\nriiese great priu-\\n\u00e2\u0096\u00a0cibly set forth by\\n:e Gr.iER, in tlieir\\nand Justice Gkiep,\\nthat the Fugitive\\na law, EXTF.KDIKG\\nSKTAIK C.^SES, TO\\nL. MMED AS FrjGI-\\nof Habeas Cor-\\nion by a compe-\\nTality of the im-\\nection of the Fu-\\nlost amply. No\\nvirtue of the sixth\\nled siiall be taken\\nmmissimier, vhose\\ncase vi the claim-\\nsedincs before the\\nsedings in Habeas\\nprecisely the same\\ntermine upon the\\nU. Any and all\\n2 proceedings un-\\nirce and efiect ar-\\nir this law. The\\nd the constitution-\\n3 drawn in ques-\\n1, of the Fugitive\\natisfactory proof\\nrested does in fact\\npersons claiming,\\ni;\\nI 6\\ni and that said person escaped. Satisfactory proof by\\nr which is meant good and sufficient legal, equitable and tfch-\\nX nical proof, the burthen being upon the claimant and the\\nbenefit of rlouht belonging of right lo the prisoner: so that\\nI if the claimant fail in a single point, whether of form or sub-\\nk stance, meritorious or technical, the prisoner is entitled to,\\ni and. as in tlie case of Henry Garnett, recently decided by\\nr Justice GniER, will have his discharge.\\nIt is to be noticed, also, that the sixth Section of the law\\nis imperative, commanding the claimant, to take the person\\nof the alleged fugitive bei ore the magistrate for a hearing\\nand determination of the case fort/iuiith, which means\\nwithout any delay, so that a claimant, voluntarily and wil-\\nfullv keeping the person arrested in imprisonment, and de-\\nlaying to take him before the magistrate, would forfeit all\\nremedy and redress under the law, but the law is not im-\\nperative in commanding the magistrate to determine forth-\\n.M with, it leaves to the nia^slrale full discretion, and it is the\\nduty of the magistrate to suspend his determination against\\nthe alleged fugitive, until his mind shall be clearly satisfied\\nf_ with the proof produced. Thus we have seen, that in a\\nV recent case at Detroit, the alleged fugitive was allowed\\nI time to send from Detroit to Cincinnati, to procure evidence\\n,i on his behalf lo be used at the hearing of the case, which\\nH was postponed for his advantage. Besides, it must be re-\\nt memhered, that cases under this law, will occur only in the\\n3 Northern States, in Avhich the magistrates, will of course\\nfeel the strongest disposition to insuie a fair hearing to the\\nalleged fugitive.\\ny Having thus shown that the proceedings under this law,\\ni grant to the alleged fugitive, in certain cases, the substantial\\nfi benefits of the writ of Habeas Corpus, I proceed in confirm-\\nation and enlargement of the same idea, to point out a great\\nff- advantage, which this law practically confers upon the\\nfugitive, and upon alleged fugitives. The Constitution of\\n|x the United States, Article 4th, Section 2d, declares, that No\\n\u00e2\u0080\u00a2Ij person held to service or labor in one State under the laws\\np. thereof, escaping into another, shall, in consequence of any\\nfe- law or regulation therein, be discharged from such service\\nk or labor, but shall be delivered up on claim of the party to\\n!J whom such service or labor may be due. This Section\\nof the Constitution contains verbal and grammatical errors\\nand faults of construction, but its meaning is evident,\\n^,,*Cv.v: v", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0015.jp2"}, "16": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0016.jp2"}, "17": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0017.jp2"}, "18": {"fulltext": "namely, that ani^ person held to service, ikc, shall be tlcli-\\nvered up on clabn of the party, lo whuin such service ur\\nlabor rnay be due. The fuirilive shall be delivert?d up un\\nclaim. What claim Alanifeslly on legal claim madi\\nbefore a magistrate, competent to hear such claim. If the\\nword claim do not mean this, it mean.s nothinir, and\\nmay be stricken out of the Constitution with its dependent\\nwords. It has been decided heretofore, (Priug vs. the Com-\\nmonwealth of Pennsylvania, It) Peters, 539,) by the Su-\\npreme Court of the United States, that the owner might, in\\nvirtue of the Constitution, and his own right ol property at\\ncommon law, seize and recapture his fugitive slave, in\\nwhatsoever State he might find him, and carry him back to\\nthe State from which he escaped. But it has been found\\nthat the remedy at common law alone, even if it theoret-\\nically exist, is practically inert ectual, so that the owner of\\nthe fugitive must resort to his remedy und-r the laws of the\\nUnited Slates and now that a special mode in which, and\\nmagistrates before whom, claims should be m;tde, are pro-\\nvided and pointed out by Congn.^s. through this law, it will\\nbe practically necessary that llie -,laimanl ,-hould conform\\nto the spirit and letter of this law in the prosecution of his\\nclaim. It is fair to suppose that this consequence was con-\\ntemplated and intended by the framer of the bill, but,\\nwhether contemplated or not, it is a legal and proper conse-\\nquence, which will secure to alleged fugitives the benefit of\\na speedy hearing before the nia iistrate appointed, and thus\\nprocure for them,, substantially, the benefits, of the writ nt\\nHabeas Corpus.\\nSECOND OBJECTIO.V.\\nThat the Fugitive Slave Law deprives persons of the\\nright of trial by Jury, and that, therefore, the Act is uncon-\\nstitutional and illegal.\\nREPLY.\\nThis objection is founded upon the error of supposing\\nthat before the passing of thi.s Ac, fugitives from service\\n\u00e2\u0096\u00a0were entitled to trial by jury.\\nThe right of trial by jury i.s a right secured to citizens of\\nhe United States, in certain cases, by consliintions and", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0018.jp2"}, "19": {"fulltext": "service, kc., shall be deli-\\nlo wIkiiu sucIi service or\\nshall be delivered up on\\nestly on legal claim made\\nhear such claim. If llie\\ns, it means nothing, and\\nLitution with its dependent\\ntofore, (Prii 2; vs. the Corn-\\nPeters, 539,) by tlie Su-\\n3, that i!ie owner migiit, in\\ns own right of property at\\nture his lugitive slave, in.\\nim, and carr\\\\ him back to\\n1. But it has been found\\nalone, even ii it iheoret-\\nual. so that the owner of\\nnedy und-.-r the laws of the\\npecial mode in wiiieh, and\\nshould be made, are pro-\\nis, through this law, it will\\nclaimant should conform\\nin the prosecution of his\\nhis consequence was con-\\nI framer of the bill, but,\\ns a legal and proper conse-\\nled fugitives the benefit of\\nislrate appointed, and thus\\nhe benefits, of the writ oi\\nECTION.\\nV deprives persoDs of the\\nlerefore, the Act is uncon-\\n1 the error of supposing\\n-Ct, fugitives from service\\nright secured to citizens of\\n.a\u00c2\u00abes. bj constitutions anri\\nstatute laws. It is doubtful whether the right to trial by jury\\nin anv case exist at common law, strictly so called. By\\nsome legal authorities the origin of trial by jury is attribu-\\nted to tile Greeks. In England the custom of trial by jury\\nhas been interrupted bj% or existed concurrent with, other\\nforms of trial from time immemorial. But these doubts\\nand questions, important as they may be, are immaterial to\\nthe present purpose, because the right of trial by^ jury\\nhas been adopted and confirmed to citizens of the United\\nStates, by constitutions and express statutes, to the fullest\\nextent tliat it was ever enjoyed by any people under the\\ncommon, or any other, law.\\nThe Magna Charta of Great Britain, (a local statute or\\nlaw of thetand of Great Britain, by no means applicable to.\\nor the law of the land in the United States, inasmuch as\\nthe crreater part of its provisions are feudal and monarch-\\nicalln their nature), declares, Section 29th, that no free-\\nman shall be disseized of his freehold, imprisoned and\\ncondemned, but bv judgment of his peers or by the law of\\nthe land, nisi per legale judicium parium suorum. vel per\\nlegem terr.T. It refers 1o freemen, not to bondmen; it\\ndeclares that thev shall not be imprisoned and condemned,\\nthereby implying a previous judicial accusation, \u00e2\u0080\u00a2but by judg-\\nment of their peers, who for aught contained in Magna Char-\\nta may or may not be twelve, or by the law ot the land,\\ntiiereby providing forother forms of judgment than the judg-\\nment of his peers, with no limitation of the forms except that\\nthey shall be the law of the land. The attentive reader will\\nperceive how little foundation there is in iNIagna Charta for\\nthe opinion that the right of trial by jury is therein absolutely\\nsecured to citizeirs in all cases of imprisonment. ^Magna\\nCharta specifically declares, that iudgment of one s peers\\nshall not be the only form of trial, but that a freeman may\\nbe imprisoned and condemned by other forms known as the\\nlaw of the land. The 29th Section of Magna Charta, be-\\nfore quoted, is the historical origin of the guarantees of trial\\nby jury, jk certain cases, which may be found m the Consti-\\ntution of the United States, and in the Constitutions of the\\nseveral States. By carefully reading the sections of those\\nsupreme laws relating to the sui)ject, it will be rioticed that\\nthe provision of Magna Charta has been essentially modified\\nin these Constitutions.\\nThe Constitution of the United States, .\\\\rticle .-id. Section", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0019.jp2"}, "20": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0020.jp2"}, "21": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0021.jp2"}, "22": {"fulltext": "2d, provides, ihat the trial of all crimes, except in cases ol\\nimpeachment, shall be by jury, and such trial shall beheld\\nin the State, where the said crimes shall have been coiii-\\nmilted. The Sixth Arti :ie of the Amendments to the\\nConstitution of the United States provides, that in ail cn-\\nminal prosecutions, the accused shall enjoy tl-e riijht to a\\nspeedy and public trial, by an impartial jury oi the State\\nand district wherein the crime shall have been committed.\\nIf it be a crime lor a person held to service to escape\\nfrom the party, to whom such service may be due, or in other\\nwords if a Fugitive Slave be a criminal, it is evident that\\nunder the provisions of the Constitution of the United States\\njust quoted, even if there had been no special provision for\\nthe case, it would be the duty of the proper authorities to\\ndeliver up such fugitive to be removed to the State, v/here\\nthe crime of escape was CDinmitted, to take his trial in that\\nState from which he h.id escaped. In the, Fifth Article of\\nthe amendments of the Constitution of the United States it is\\nprovided that no person shall be deprived of his liberty vvith-\\nout due process of law. In the Seventh Article of the\\namendments of the Constitution of the United States, it is\\nprovided, th:a in suits at common law where the value in\\ncontroversy shall exceed twenty dollars, the right of trial\\nby jury shall be preserved. The Constitution of the State\\nof New-Yoik, Article 1st, Section 1st, declares, that No\\nniemh-n- of this State shall be disfranchised or deprived of\\nany of the rights or privileges secured to any citizen there\\nof, unless by the lam of the land, or the judgment of his\\npeers and Section 2d declares that The trial by jury, in\\nall cases in which it has been heretofore used, shall remain\\ninviolate forever. The Constitutions of .all ihe several\\nStates contain similar provisions, being modifications of the\\n\u00e2\u0080\u00a229th Section of !Magna Charta of Great Britain. These\\nprovisions of the Constitutions, above cited, contain the sura\\nand substance of the fundamental laws of this country upon\\nthe subject of the right of trial by jury. The impartial\\nreader will notice how very far they are trom justifyinij the\\nassertion that a fugitive slave is entitled to trial by jury in\\nthe place in which he may be arrested. Criminals are cer-\\ntainly entitled to trial by jury, but where? this is the point,\\nwhere? why in the State in which the crime was committed.\\nNo person shall be deprivetl of his liberty withmil what\\nwithout dny process of laio not without trial by jury.\u00e2\u0080\u0094", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0022.jp2"}, "23": {"fulltext": "fela\u00c2\u00bb ai iW l. a.^ itetJ h\\nCrimes, except iu cases of\\n[ad such trial shall be held\\nles simll have been com-\\nthe Amendments to the\\nprovides, that in all cri-\\nshall enjoy tl:-e right to a\\npartial juiy of the Stale\\nill have been committed.\\nlid to service to escape\\nje maj- be due, or in other\\nminal, ft is evident that\\nition oi the United States\\nno sj ecial provision for\\nthe proper auihorities to\\n)ved to the State, where\\nd, to take his trial in that\\nJ n the. Fifth Article of\\n1 of the United Slates it is\\nprived cf ills liberty with-\\nSeventh Article of the\\nf the United States, if is\\n1 law wliere the value in\\ndollars, the right of trial\\nConstituiiou of the State\\nn 1st, declares, that ZVo\\nranchised or deprived of\\nired to any citizen tliere-\\nor the judgment of his\\nit The trial by jury, in\\n\u00e2\u0080\u00a2tnforf. used, shall remain\\n,tions of all the several\\neing modifications of the\\nGreat Britain. These\\nI e cited, contain the sum\\niws of this country upon\\nly jury. The impartial\\ny are irom justifying the\\ntitled to trial by jury in\\nted. Criminals are cer-\\nA-here this is the point,\\nthe crime vas committed,\\nlilif.rty witliouL what\\nt u-ithout trial by jury.--\\nIn =uils at common law, where the value i J^^^JJ,\\nf nise slavery c;,\u00e2\u0080\u009e,\u00e2\u0080\u009e\u00e2\u0080\u009e Article Clh, de-\\nanythtng^u the Constitution c^bw. of an^.^^_^.^^^\\nr -contrary notwithstanding. TheConsUtuiion o\\nf States has been adopted and confirmed J^ aH\\nStates .0 that there crm be no question that the ^onai\\n1^ Sdtws of the United Staics are ^J^e su^emHaw^f J^\\nLV land and being the svvrcme la^^ of ^1 e and. u\\nr that there can be no higher law 1^^;,,^^ jSr\\nfurther that any moral f ,f^^?Pl7^ =j^^ 7 So vs further\\n^V law cannot he the law of i\u00c2\u00ab ^^^,^J^^ Science to\\nt?^ that to disobey the supreme law ot 7% f j distinctly\\nl^ any such pretended higher law. is rebellion. It j^\\n11 cleart provided and enac^d by unoe^ .he Con^^_\\ntution and laws ot the U nited States, that a j\\nP- of the United States m providing loi this m- ^e n\\nhe tod. B\u00c2\u00bbi happily the Con,..u..on 1 \u00c2\u00bb:j,\u00c2\u00bbyl\\nUnited Stn.es Jo \u00c2\u00abo. imevlere at J ,fe\\n2", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0023.jp2"}, "24": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0024.jp2"}, "25": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0025.jp2"}, "26": {"fulltext": "10\\nand it also provides for the removal of the fugitive to the\\nState from which he escaped, but there the laws of the\\nUnited States leave him to be disposed of or dealt with\\naccording to the laws of that State of which he originally\\nwas and continued to be the subject or citizen. It is pro-\\nvided by the laws of the Southern States that persons held\\nas slaves claiming to be freemen shall be entitled to trial of\\nthe fact by jury. This is the case, I believe, in each and all\\nof the slaveholding States and if we may rely upon the\\nnumerous decisions given by Southern Courts under those\\nlaws, they are faithfully and fairly administered. I do not\\ndoubt that they are so. But however interesting this qne.^-\\ntion may be on the score of sympathy and humanity, it has\\nlittle to do with constitutional or legal rights. The United\\nStates may be regarded, (now since the unanimous adoption\\nof the Constitution), as one great legal body, corporation or\\ncountry, and in this view the delivery and transfer of a fu-\\ngitive, who claims the right of trial, is merely a settlement\\nor change of venue, as it is called, or place of trial. The\\nUnited States may also be regarded r;3 a league or union\\nof sovereign States by virtue of a solemn compact or\\nTRE.xTv called the Constitution of the United States. It is\\nintended to be a treaty of perpetual peace, ainity, and alli-\\nance and in so far as it is a treaty, it is, according to the\\nlaw of nations, the highest law of the land of each of the\\nsovereign contracting parties, and as such would have su-\\npremacy over, and take precedence of, all internal and\\nmunicipal regulations of the several parties, even if this\\nsupremacy had not been distinctly declared and conhrmed\\nin the instrument itself This treaty may be altered and\\namended in the way provided by it, but, like any other\\ntreaty, it cannot legally be abrogated or annulled except\\nby the unanimous consent of the high contracting parties.\\nTHIRD OBJECTION.\\nThat the appointment of the Commissioners, authorised to\\nact under the Fugitive Slave Law is unconstitutional and\\nillegal.\\nREPLY.\\nIl there be any force in this objection, it applies to only\\na part ot the law namely, to some of the magistrates", "height": "2995", "width": "2233", "jp2-path": "objectionstoacto00lcdorr_0026.jp2"}, "27": {"fulltext": "Ilku^;.\\nJ e fugitive to the\\nt there the laws of the\\nsposed of or dealt with\\nte of which he orieinallv\\nct or Citizen. It is pro-\\nS^ ates that persons held\\nall be entitled to trial of\\nbelieve, in each and all\\n^veniay rely upon the\\nlern Courts under those\\nad n.nistered. I do noi\\nir interesting this ques-\\ny and humanity, it has\\n:al rights. The United\\nJje unanimous adoption\\nJd.v, corporation or\\ny and transfer of a fu-\\nis merely a settlement\\n3r I !ace of trial. The\\n5-5 a league or union\\nsolemn compact or\\n\u00e2\u0080\u00a2united States It is\\neace, amity, and alii-\\nJt IS, according to the\\nland of each of the\\nsuch M-ould have su-\\nof, all internal and\\nparties, even if this\\nJared and confirmed\\nniay be altered and\\nout, hke any other\\nor annulled except\\nontractiDg parties.\\ndoners, authorised to\\nnconstitutional and\\nof the\\naj plie:\\ns to only\\nmagistrates\\n11\\nnamed and authorised to execute it, and leaves il to be en-\\nforced or administered by the judges of the Courts of lie\\nUnited States, wlio are aUo empo^vered to act ^^r it\\nBut there is no ground whatsoever for the ^bjecUou- 1 he\\nConstitution of tiie United States, Article 3d Section 1st\\ndeclares, that the judicial power of the United Staes\\nshall be vested in one Supreme Court, and in such inferioi\\nCourts as the Congress may from time to tune o^f J\\n\u00e2\u0096\u00a0establish. The judges, both o the supreme and in enor\\nCourts, shall hold their offices during good .^^^haMor and\\nshall at stated times, receive lor their services a compen-\\nsaSn which shall not be diminished during the.r continu-\\nance in office.^ Article 2d, Section 2d, declares that t_l e\\nPresident shall nominate appoint .udges of the .u-\\npreme Court and all other officers of the ^^d State.\\nWhose appointments are not herein \u00c2\u00ab\\\\l e ^?,P[ ^;Y,f J*\\nand which shall be established by law But e^ ^o\\nTrL mav bv law, vest the appointment of .^z.c7; mfenor of-\\n4vi T i,.v think proper, iL the President alone, .nthc\\nCourtsof Law, or m the heads of departments ^o^\\n^vhether c^r not these commissioners are m^^^^^^ fnc^h^e to\\nof the Courts of Law appointing them, or ^s 1 mchne to\\nthink rather, special officers and agents of he bnited\\nStatt;, ohear aSd determine whether or not alleged Jugi-\\ntives shall be discharged from arrest or delivered\\nlaws of the States which have rightful jurisdiction o^e^\\nthlm or whether or not they are Judges of inlerior Courts.\\nIsha 1 Bot discuss,-for it seems to me that the Con^t\\nution of the United States expressly authorises heir\\nappoSitment, whatever the nature of their office ma3^l^.-\\nEvery commissioner to take testimony IS m some sense a\\nSdse Everv constable is in sOme sense a juage, author-\\nsed in certain oases, and in his discretion, to arrest and\\nmpHson his fellow citizens. Whatever ti-e comm.s.on^\\ners mav be, they are appointed according to the spirit and\\nletter of the Constitution of the United Mates.\\nA trivial and captious objection has been made to the\\nform of compensation provided for these commissioners\\nThe objector, assuming that these commissioners are judges\\nof the United States, and assuming further that they are the\\n5ud s n ant in Article 3d, Section 1st of the Const.tut.on\\nabove cited, o uiects that the commissioners ought to be\\npaid by a salary-, and not by fees becoming due when the", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0027.jp2"}, "28": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0028.jp2"}, "29": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0029.jp2"}, "30": {"fulltext": "1\\nservices are rendereij. The Constitution says that the\\njudges of the United .States, shall, at staled times, receive\\nfor their services a compensation which shall not be di-\\nminished during their continuance in office. The intent\\nof the clause is to protect the judges from political influ-\\nences, through the delay or diminution of their compensation,\\nand it these commissioners be judges meant by this Section of\\nthe Constitution, it will be unconstitutional to delay or dimin-\\nish their present compensation. But the objector may say, that\\nthe phrase, at stated times, means on certain days of the\\nyear, and excludes incidental fees. The word to state\\nis defined by Dr. Johnson, 1st, to settle, to regulate 2d,\\nto represent in all the circumstances of modification.\\nThe Act conforms strictly to these definitions in providing\\nfor the compensation of these commissioners. The times\\nof the payment of compensation to these commissioners,\\nare settled and regulated by the Act, to be the times of\\nthe delivery of the certificates, or of rendering the other\\nservices mentioned. So that, even if we admit, what is by\\nno means the trath, that these commissioners are judges,\\nin the meaning of Section 1st, Article 3d of the Constitu-\\ntion, it appears that this law conforms to and complies with\\nthe letter, as well as with the spirit of the Constitution.\\nfor\\nFOURTH OBJECTION\\nThat, inasmuch as the Fugitive Slave Law declares that\\nin no trial or hearing under the act shall the testimony oi\\nan alleged fugitive be admitted in evidence, the law is\\nunjust.\\nREPLY.\\nIt is a maxim of the common law, that no one ought to\\nbe a witness in his own cause, nemo testis esse debet in\\npropria causa. This maxim is stated by Blackstone to be\\nan invariable rule of the law of England, and the reason\\nof the rule is said to be to avoid all temptations of per-\\njury. 3 Bl. Comm. 371. This argument in justification\\nof the provision of the Fugitive Slave Law has been fuily\\nand forcibly set forth by Justice Geier, in his recently pub-\\nlished opinion.\\nBut there is another argument which, it seems to me, justi-", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0030.jp2"}, "31": {"fulltext": "r^-\\n\u00e2\u0096\u00a0fon says ihat the\\ni^ted times, receive\\ni? shaiJ not be df-\\nFe- The intent\\nI political influ-\\n(leir com) ensatioc,\\ni^oy tills Section of\\n[to delay or dimin-\\nctor may say, that\\nertamdavs of the\\nword to state\\nto regulate 2d,\\nof modification.\\nous in providinn-\\ners. The limel\\ncommissioner?\\ni e the times of\\ndermg the other\\nH- what is by\\ns are judges,\\nthe Constitu-\\nI comphes witli\\nODstituiiou.\\no ecJares that\\n2 testimony cf\\nthe law is\\none ought to\\nJsse debet in\\nistone to be\\nthe reason\\nions of per-\\njustification\\nIS been fuily\\nJcentiy pub.\\ntome.justi.\\n13\\nfies this provision oftlie act still more conclusively; name-\\nly, that, inasmuch as the Fugitive Slave Law is a Statute\\nwhich concerns the liberty of persons, and therefore must\\nbe construed strictly and, if slavery he contrary to com-\\nmon law, then, inasmuch as it is a maxim founded upon\\ninnumerable decisions that Statutes in derogation of the\\ncommon law are to he construed strictly and inas-\\nmuch as the claimant is required to furnish satisfactory\\nproof that the alleged fugitive actually does owe service,\\nand as the evidence of such owing of service must be\\nconstrued strictly and in accordance with the doctrine of\\nthe burthen of proof which lies upon the claimant there-\\nfore, IT IS THE DUTY OF THE MAr.lSTHATE TO ASSUME AND TAKE\\nFOR GRANTED THE RmHT OF LIBEKTT OF THE ALLEGED Ft:f:I-\\nTIVE AS FCLLV AS THOUGH THE FUGITIVE HAD GIVEN TESTIMONY\\nIN HIS OWN BEHALF. If wc cousider the fugitive to be\\na criminal ihis duty of the magistrate is still stronger,\\nfor it is a maxim of common law that every persoa\\naccused of crime shall be presumed to be innocent\\nuntil he shall have been proved to be guilty. So that\\nthe alleged fugitive, while the law protects him from\\nthe lemptatiou to commit perjury in order to gain his\\nfreedom, grants to him the same advantage which he would\\nenjoy if he had borne witness in his own behalf Further\\nthan this, it is provided by this Act that no action can be\\nhad before any magistrate under it, unless the claimant of\\nthe alleged fugitive make affidavit that the services claimed\\nare due thus rendering anj fdse and fraudulent claimant\\na subject of the pains and penalties attached to perjury.\\nSo that it appears that under tliis Act, the alleged fugitive,\\ninstead of being hardly and unjustly dealt with in this res-\\npect, enjoys the double advantage, that his own oath is\\nwaived and dispensed with, without detriment to him,\\nwhile the claimant s oath is required, at his peril if false.\\nSuppose for a moment, that the alleged iugitive were al-\\nlowed and required to give his testimony in evidence If\\nthe alleged fugitive were really not a fugitive, he would gain\\nnothing bj giving his testimony, for the law now presumes\\nthat he is not a fugitive but suppose that the alleged fugi-\\ntive really were a fugitive, and that he gave faithful testi-\\nmony, stating the truth, the whole truth and nothing but the\\ntruth, what would be the inevitable consequence? Why,\\nTBTTTO*:", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0031.jp2"}, "32": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0032.jp2"}, "33": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0033.jp2"}, "34": {"fulltext": "14\\nplainly, that the fooitive would condemn- iirM^ELF by ma\\novvx TK.sTiMuN V. Is this a consequence which those -who\\nmake this fourth objection desire\\nFIFTH OBJECTION.\\nThat while the Fugitive Slave Law would punish with\\nfine and inaprisonment, those who obstruct or resist this law,\\nit imposes- no pains and penalties upon persons, who may\\nfraudulently and wrongfully claim or arrest a freeman as a\\nfugitive from service, and that, therefore, the law is partial\\nand unjust.\\nREPLY.\\nIf this law had provided to impose pains and penalties\\nupon persons, who may fraudulently and -wrongfully claim\\nor arrest a freeman, such provision would have been super-\\nfluous. For any such -wrongs, ample remedies, pains, and\\npenalties had already been provided by law, both by com-\\nmon law, and by special statutes of all the States. Any\\nfreeman who has been wronged in this way, has at his op-\\ntion a great variety of prompt, powerful, and effectual re-\\nmedies and indemnifications, and he may avail himself of\\nseveral of them at the same time. He may bring actions for\\nslander, libel, malicious prosecution, false imprisonment, and\\nassault and battery he may also cause the offender to be\\nindicted and tried for all these crimes, and in addition to\\nthem for the high crimes of perjury and kidnapping, accord-\\ning to the circumstances of the ca. e. He may arrest the\\noffender and cause him to he imprisoned until he shall find\\nsatisfactory bail. If the offender escape into another State,\\nhe may in virtue of the Constitution of the United States, Ar-\\nticle 4th, Section 2d, anil .Article Jd, Section 2d, and Amend-\\nment (ith, make application to the Executive authorities of\\nthe State, into which the otlender may have tied, and cause\\nhim to be delivered up, to be removed to the State from\\nwhich he tied, to take his trial by jury in the State in\\nwhich the otfence was committed. If the complainant make\\ngood his complaint betbre the jury, he will recover exem-\\nplary damages, and the otlender will be punished, according\\nto the malignity of his offence, by line and imprisonment.", "height": "3035", "width": "2238", "jp2-path": "objectionstoacto00lcdorr_0034.jp2"}, "35": {"fulltext": "N HI.\\\\7?CLF BY HIS\\nfiiicii those who\\nuld punish with\\nr re^^ist this Jaw,\\n\u00e2\u0080\u00a2son.v-. who may\\na freemau as a\\ns law is parU al\\nand penalties\\n\u00e2\u0096\u00a0onrrfully claim\\n;e been super-\\nifes- pains, and\\nboth by Corn-\\nStates, Any\\nhas at his op-\\n1 efiectuai re-\\nail himself of\\npg actions for\\ni:=oninent, and\\n)flender to be\\nD^ addition to\\nping, accord-\\nly arrest the\\nhe shall find\\nQother State,\\n\u00e2\u0096\u00a0d States, Ar-\\nand Amend-\\nLUlborities of\\nd. and cause\\nState from\\nhe State in\\nainant rnafce\\no^er exem-\\nI, accordino-\\nsonment.\\nL\\n-,\u00e2\u0096\u00a0\u00e2\u0080\u00a24 *i\\n\u00e2\u0096\u00a0\u00e2\u0096\u00a0;vy..\u00c2\u00bbY; ._^\\n15\\nWill any one seriously affirm that it is necessary, or de-\\nsirable, or possible, to add anything, reasonably, to this for-\\nmidable array .of remedies and indemnifications, pams and\\npenalties already provided by law\\nI have thus replied to the five objections most frequently\\nmade to this law. If the replies be well grounded it must\\nbe admitted that the law is a fair and sincere attempt to\\nca ry out the spirit of the Constitution. It is very much more\\nfavorable to the alleged fueitive, than I, before carefully ana-\\nlyMUf^ it, imagined, and being a law of Southern origm, we are\\nto inier that all its favorable provisions were expressly in-\\ntended bv the framers of the bill. It deprive? the fugitive ol\\nno privileges which he legally had before, while it confers\\nupon him powers and richts which he had not before, it\\nou ht. in mv opinion, to be satisfactory to all good citizens,\\nwh o honestfv and bona fide desire and intend to maintain\\nthe Constitution and the Union of the United States.\\nBut whatever may be the opinion of any individual as to\\ntheexpediencvofthe law, it is oue dutt to giv^e it a fair\\nTKiAL, and, so long as it exists upon the Statute books, to exe-\\ncute it faithfully and honorably according to its intent. If\\nit should be found in practical operation to work injustice and\\nnot to fulfil its proper purpose, we may then proceed, and\\ncause it to be, constitutionally and legally, altered and amen-\\nded. I am, sir, respectYully,\\nYour fellow-citizen,\\nJAMES A. DORR.\\n69 Wall-st., New-Yokk.,\\nNovember 15th, 1850.\\nHon. Washington Hunt,\\nGovernor elect of the Stale of New-\\\\ ork.", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0035.jp2"}, "36": {"fulltext": "b\\nH179 74 592", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0036.jp2"}, "37": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0037.jp2"}, "38": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0038.jp2"}, "39": {"fulltext": "", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0039.jp2"}, "40": {"fulltext": "-K^^- -m^-\\n,-i\\ny^ -o,; r;-;o^ ./-^^-.o^", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0040.jp2"}, "41": {"fulltext": "S^\\n.0 X\u00c2\u00ab v f^ .0\\n\u00e2\u0096\u00a0C^ N, MANCHESTER,\\nINDIANA\\nA.^ o o", "height": "3095", "width": "2278", "jp2-path": "objectionstoacto00lcdorr_0041.jp2"}, "42": {"fulltext": "", "height": "3065", "width": "2293", "jp2-path": "objectionstoacto00lcdorr_0042.jp2"}}