Book/Printed Material A defence for fugitive slaves, against the acts of Congress of February 12, 1793, and September 18, 1850
-
Image 1 of A defence for fugitive slaves, against the acts of Congress of February 12, … Act of Congress of 1793, An Act respecting Fugitives from Justice, and persons escaping from the service of their Masters. Sec. 1. Be it enacted by the Senate and House of Representatives…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 2 of A defence for fugitive slaves, against the acts of Congress of February 12, … Act of Congress of 1850. An Act to amend, and supplementary to the Act, entitled “An Act respecting Fugitives from Justice, and persons escaping from the service of their Masters,” approved February…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 3 of A defence for fugitive slaves, against the acts of Congress of February 12, … 3 Sec. 6. And be it further enacted, That when a person held to service or labor in any State or Territory of the United States has heretofore or shall hereafter escape…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 4 of A defence for fugitive slaves, against the acts of Congress of February 12, … 4 commissioner, warrant such Certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid in either case by the claimant, his or her agent or attorney.…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 5 of A defence for fugitive slaves, against the acts of Congress of February 12, … A DEFENCE FOR FUGITIVE SLAVES, AGAINST THE ACTS OF CONGRESS OF FEBRUARY 12, 1793, AND SEPTEMBER 18, 1850. BY LYSANDER SPOONER. LIBRARY OF CONGRESS 1875 CITY OF BOSTON: BELA MARSH, 25 CORNHILL,…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 6 of A defence for fugitive slaves, against the acts of Congress of February 12, … Entered according to Act of Congress, in the year 1850, BY LYSANDER SPOONER, in the Clerk's Office of the District Court of Massachusetts.- Contributor: Spooner, Lysander
- Date: 1850
-
Image 7 of A defence for fugitive slaves, against the acts of Congress of February 12, … CONTENTS. PAGE. CHAPTER I. Unconstitutionality of the acts of Congress of 1793 and 1850, 5 CHAPTER II. The Right of Resistance, and the Right to have the Legality of that Resistance judged…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 8 of A defence for fugitive slaves, against the acts of Congress of February 12, … A DEFENCE FOR FUGITIVE SLAVES. CHAPTER I. Unconstitutionality of the Acts of Congress of 1793 and 1850. SECTION 1. Admitting, for the sake of the argument— what is not true in fact…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 9 of A defence for fugitive slaves, against the acts of Congress of February 12, … 6 7. The prohibition, in the Act of 1850, of the issue of the writ of Habeas Corpus for the relief of those arrested under the act, is unconstitutional. These several points…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 10 of A defence for fugitive slaves, against the acts of Congress of February 12, … 7 To determine whether the reclaiming of a fugitive slave is a “suit at common law,” within the meaning of the above amendment to the constitution, it is only necessary to define…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 11 of A defence for fugitive slaves, against the acts of Congress of February 12, … 8 suit, is, according to the common acceptation of language, to continue that demand.”—6 Wheaton 407–8. In the case of Parsons vs. Bedford et. al., the court define the term “common law,”…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 12 of A defence for fugitive slaves, against the acts of Congress of February 12, … 9 the Supreme Court, when they make for slavery. Will he favor the world with his objections to them, when they make for liberty? Perhaps Mr. Webster will say that, in the…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 13 of A defence for fugitive slaves, against the acts of Congress of February 12, … 10 judges, they necessarily come within that clause of the constitution, (Art. 3, Sec. 1,) which provides that “The judges, both of the Supreme and inferior courts, shall hold their offices during…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 14 of A defence for fugitive slaves, against the acts of Congress of February 12, … 11 pecuniary temptation to injustice, which is here guarded against. The legal objection I now make is not that the Commissioners or judges are paid double fees for deciding against liberty, or…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 15 of A defence for fugitive slaves, against the acts of Congress of February 12, … 12 SECTION 4. The State Magistrates, authorized by the Act of 1793, to deliver up fugitives from service or labor, are not constitutional tribunals for that purpose. The Act of 1793 requires…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 16 of A defence for fugitive slaves, against the acts of Congress of February 12, … 13 the United States, except in courts ordained and established by itself.”— Martin vs. Hunters, Lessee, 1 Wheaton 330. Also, “The jurisdiction over such cases, (cases arising under the constitution, laws, and…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 17 of A defence for fugitive slaves, against the acts of Congress of February 12, … 14 that “Congress cannot vest any portion of the judicial power of the United States, except in courts ordained and established by itself,” delivered the other opinion declaring that “no doubt is…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 18 of A defence for fugitive slaves, against the acts of Congress of February 12, … 15 The Act of 1850 is unconstitutional for the same reason as is the Act of 1793; for the Act of 1850 (Sec. 10,) authorizes any State Court of record, or judge…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 19 of A defence for fugitive slaves, against the acts of Congress of February 12, … 16 when acting as an officer of the State, under the laws of the State, that his “acts, records, and judicial proceedings” are the “acts, records, and judicial proceedings” of the State.…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 20 of A defence for fugitive slaves, against the acts of Congress of February 12, … 17 Senator Mason, of Virginia, the Chairman of the Committee that reported the bill, and the principal champion of the bill in the Senate. In a speech upon the bill, on the…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 21 of A defence for fugitive slaves, against the acts of Congress of February 12, … 18 SECTION 5. Ex parte Evidence. The Act of 1850 is unconstitutional, in that it authorizes cases to be decided wholly on ex parte testimony. The 4th Section of the act makes…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 22 of A defence for fugitive slaves, against the acts of Congress of February 12, … 19 It then permits the judge to decide the only remaining point, to wit, the identity of the person arrested with the person escaped—upon the same testimony. But it allows him to…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 23 of A defence for fugitive slaves, against the acts of Congress of February 12, … 20 What then is a “ case? ” “Case” is a technical term in the law. It is a “suit,” a “controversy” before a judicial tribunal, or umpire. The constitution uses the…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 24 of A defence for fugitive slaves, against the acts of Congress of February 12, … 21 presented. In fact, the evidence constitutes the case to be tried. If a part only of the evidence, that is applicable to a case—or that constitutes the case—or that is necessary…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 25 of A defence for fugitive slaves, against the acts of Congress of February 12, … 22 any case whatever. For them to do so is a plain usurpation of “judicial power.” Among all the enumerated powers, granted to Congress, there is no one that includes, or bears…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 26 of A defence for fugitive slaves, against the acts of Congress of February 12, … 23 There are two provisions in the act of 1850, which specially require the exclusion of testimony, on the part of the defendant. The first is the one, (sec. 10), already commented…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 27 of A defence for fugitive slaves, against the acts of Congress of February 12, … 24 SECTION 7. The requirement of the act of 1850, that the cases be adjudicated “in a summary manner,” is unconstitutional. Section 6th of the act makes it the “duty” of the…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 28 of A defence for fugitive slaves, against the acts of Congress of February 12, … 25 act requires that he shall be “taken forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 29 of A defence for fugitive slaves, against the acts of Congress of February 12, … 26 escaped, and shall prevent all molestation of such person or persons, by any process issued by any court, judge, magistrate, or other person, whomsoever.” This is a prohibition upon the issue…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 30 of A defence for fugitive slaves, against the acts of Congress of February 12, … 27 CHAPTER II. The Right of Resistance, and the Right to have the Legality of that Resistance judged of by a Jury. If it have been shown that the acts of 1793…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 31 of A defence for fugitive slaves, against the acts of Congress of February 12, … 28 as much as a constitutional security for the right to buy and keep food, would have implied the right to eat it. The constitution, therefore, takes it for granted that, as…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 32 of A defence for fugitive slaves, against the acts of Congress of February 12, … 29 The right of the people, therefore, to resist an unconstitutional law, is absolute and unqualified, from the moment the law is enacted. The right of the government “to suppress insurrection,” does…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 33 of A defence for fugitive slaves, against the acts of Congress of February 12, … 30 in their individual and natural capacities, have a right to institute government, but that they have no right, in the same capacities, to preserve that government by putting down usurpation—and that…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 34 of A defence for fugitive slaves, against the acts of Congress of February 12, … 31 the laws in question, to ascertain what are their chances of escaping unharmed in running the gauntlet of such a judiciary as the nation is blessed with. One liability, imposed by…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 35 of A defence for fugitive slaves, against the acts of Congress of February 12, … 32 The claimant could recover payment for his slave but once, although an hundred or a thousand persons were engaged in the rescue; and these hundred or thousand persons could unite in…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 36 of A defence for fugitive slaves, against the acts of Congress of February 12, … 33 times. The law would still presume that if the master were to take the slave again, he would be suffered to hold peaceable possession of him. Consequently the owner, in case…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 37 of A defence for fugitive slaves, against the acts of Congress of February 12, … 34 the execution of a law,) the right of judging whether the government or the people are in the right, lies in the first instance, not with the government, or any permanent…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 38 of A defence for fugitive slaves, against the acts of Congress of February 12, … 35 persons at least, whose judgments will correspond with his own. And inasmuch as a single dissentient in the jury is sufficient to prevent a conviction, it follows that if the government…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 39 of A defence for fugitive slaves, against the acts of Congress of February 12, … 36 —the instruments of their own enslavements—for in condemning others for resisting injustice, at the hands of the government, they authorize their own condemnation for a similar cause. No honest man could…- Contributor: Spooner, Lysander
- Date: 1850
-
Image 40 of A defence for fugitive slaves, against the acts of Congress of February 12, … 37 that juries have generally been merely contemptible tribunals, looking after facts only, and not after rights, and ready to obey blindly the dictation of legislatures and courts, and enforce any thing…- Contributor: Spooner, Lysander
- Date: 1850
About this Item
Title
- A defence for fugitive slaves, against the acts of Congress of February 12, 1793, and September 18, 1850
Names
- Spooner, Lysander, 1808-1887
Created / Published
- Boston, B. Marsh, 1850.
Headings
- - United States.--Fugitive slave law (1793)
- - United States.--Fugitive slave law (1850)
- - Fugitive slaves--Legal status, laws, etc.--United States
Notes
- - Text of acts of 1793 and 1850 (4 p.) precedes t.-p.
Medium
- 4, 72 p. 22 cm.
Call Number/Physical Location
- KF4545.S5 S73 1850
Digital Id
Library of Congress Control Number
- 10034363
OCLC Number
- 3297158
Online Format
- online text
- image