But there are other objections, to which the Committee merely allude.
The offensive Act, defying the whole Law of Evidence, authorizes a
judgment which despoils a man of his liberty on _ex parte_ testimony,
by affidavit, without the sanction of cross-examination.
It practically denies the writ of _Habeas Corpus_, ever known as the
palladium of the citizen.
Contrary to the purposes declared by the framers of the Constitution,
it sends the fugitive back “at the public expense.”[370]
Adding meanness to violation of the Constitution, it bribes the
commissioner by a double fee to pronounce against Freedom. If he dooms
a man to Slavery, the reward is ten dollars; but saving him to Freedom,
his dole is five dollars.
As it is for the public weal that there should be an end of suits, so,
by the consent of civilized nations, these must be instituted within
fixed limitations of time; but the Fugitive Act, exalting Slavery above
even this practical principle of universal justice, ordains proceedings
against Freedom without reference to lapse of time.
Careless of the feelings and conscientious convictions of good men who
cannot help the work of thrusting a fellow-being back into bondage,
this Act declares that “all good citizens are hereby commanded to aid
and assist in the prompt and efficient execution of this law”;[371]
and this injunction is addressed to all alike, not excepting those
who religiously believe that the Divine mandate is as binding now as
when it was first given to the Hebrews of old: “THOU SHALT NOT DELIVER
_unto his master the servant which is escaped from his master unto
thee_: he shall dwell with thee, even among you, in that place which
he shall choose, in one of thy gates where it liketh him best: thou
shalt not oppress him.”[372] The thunder of Sinai is silent, and the
ancient judgments have ceased; but an Act of Congress, which, besides
its direct violation of this early law, offends every sentiment of
Christianity, must expect the judgments of men, even if it escapes
those of Heaven. Perhaps the sorrows and funerals of this war are so
many warnings to do justice.
But this Act is to be seen not merely in its open defiance of the
Constitution, and of all legislative decencies; it must be considered,
also, in two other aspects: first, in its consequences; and, secondly,
in the character of its authors. The time has come, at last, when each
of these may be exposed.