of the Constitution, the End which the People wanted to
attain; and (2.) at the provisional Means, the method by which they
proposed to reach it. Here of course the Purpose is more important
than the Means. The Preamble to this Power of Attorney clearly sets
forth this Purpose aimed at: here it is, "to form a more perfect
Union, establish Justice, insure domestic Tranquillity, provide for
the Common Defence, promote the General Welfare, and secure the
Blessings of Liberty." Is the fugitive slave bill a Measure tending to
that End?
To answer that question you are to consult your own mind and
conscience. You are not to take the opinion of the Court. For (1.) it
would probably be their purchased _official_ opinion which the
government pays for, and so is of no value whatever; or (2.) if it be
their _personal_ opinion, from what Mr. Sprague and Mr. Curtis have
said and done before, you know that their personal opinion in the
matter would be of no value whatsoever. To me it is very plain that
kidnapping a man in Boston and making him a slave, is not the way to
form a more perfect Union, establish Justice, insure domestic
Tranquillity, provide for the Common Defence, promote the General
Welfare, or secure the Blessings of Liberty. But you are to judge for
yourselves. If you think the fugitive slave bill not a Means towards
that End, which this national Power of Attorney proposes, then you
will think it is unconstitutional, that Mr. Freeman was not in the
peace of the United States, but acting against it; and then it was the
Right of every citizen to obstruct his illegal wickedness and might be
the Duty of some.
But not only does the fugitive slave bill contravene and oppose the
Purpose of the Constitution, it also transcends the Means which that
Power of Attorney declares the People's agents shall make use of, and
whereto it absolutely restricts them. The Constitution prescribes that
"the Judicial power shall be vested in one Supreme Court, and in such
inferior courts the Congress may ordain and establish." "The Judges
... shall hold their offices during good behavior, and shall ...
receive a compensation which shall not be diminished during their
continuance in office." Now the Commissioner who kidnaps a man and
declares him a slave, exercises _judicial power_. Commissioner Loring
himself confesses it, in his Remonstrance against being removed from
the office of Judge of Probate. You are to consider whether a
Commissio
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