American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
The decisions of the Supreme Court are entitled to great consideration,
and will not be mentioned by me except with respect. Among the memories
of my youth are happy days when I sat at the feet of this tribunal,
while MARSHALL presided, with STORY by his side. The pressure now
proceeds from the case of Prigg v. Pennsylvania (16 Peters, 539), where
is asserted the power of Congress. Without going into minute
criticism of this judgment, or considering the extent to which it is
extra-judicial, and therefore of no binding force,--all which has been
done at the bar in one State, and by an able court in another,--but
conceding to it a certain degree of weight as a rule to the judiciary on
this particular point, still it does not touch the grave question which
springs from the denial of Trial by Jury. This judgment was pronounced
by Mr. Justice Story. From the interesting biography of the great
jurist, recently published by his son, we learn that the question of
Trial by Jury was not considered as before the Court; so that, in the
estimation of the learned judge himself, it was still an open question.
* * * * *
(1). _First of the power of Congress over this subject_.
The Constitution contains _powers_ granted to Congress, _compacts_
between the States, and _prohibitions_ addressed to the Nation and to
the States. A compact or prohibition may be accompanied by a power,--but
not necessarily, for it is essentially distinct in nature. And here the
single question arises, Whether the Constitution, by grant, general or
special, confers upon Congress any power to legislate on the subject of
fugitives from service.
* * * * *
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