“Under the Constitution, each State of itself ought to provide
for the rendition of all fugitives from labor to their masters.
_This was certainly the design of the Constitution._”[358]
Such are some of the authorities, judicial and political, by which
Congressional power over this subject is denied. And yet, in the face
of all authority, and in defiance of reason, Congress assumed this
power. It was done at the demand of Slavery, and for the protection
of Slavery. Of course, such an assumption of undelegated power was a
usurpation at the time, and is a usurpation still,--doubly hateful,
when it is considered that it is a usurpation in the name of Slavery.
It is hard to think that Congress was driven to unconstitutional
assumption in such a cause, and that, contrary to sovereign rules of
interpretation, it leaned to Slavery rather than to Freedom. But the
time has come at last when it may recover the attitude belonging to it
under the Constitution.
In advising the repeal of the Fugitive Slave Act, it is enough to show
that it is founded on usurpation by Congress of power not granted by
the Constitution. But, even admitting the power, a slight examination
will show that it has been executed in defiance of the Constitution.
The constitutional objections to the Fugitive Slave Act are abundant.
It is not too much to say, that in every section and at every point it
is repugnant to admitted principles of Constitutional Law.