Resolved, That
the Constitution of the United States established a General Government of
limited powers, expressly reserving all powers, not thereby delegated, to the
States and to the People.
Resolved, That
among the powers delegated to the General Government by the Constitution, that
of legislating upon the subject of fugitives from service is not to be found;
while that of depriving any person of life, liberty or property without due
process of law is expressly denied.
Resolved That
in the judgment of this General Assembly, the Act of Congress in relation to
fugitives from service, approved Sept. 18th, 1850 is unconstitutional not
merely for want of power to Congress to legislate on the subject, but because
the provisions of the act are in several important particulars repugnant to the
express provision of the Constitution.
Resolved, That
it is the duty of the Judges of the Several Courts of this State to allow the
Writ of Habeas Corpus to all persons applying for the same in conformity with
the laws of this State, and to conform in all respects to subsequent
proceedings to the provisions of the same.
Resolved, That
while the Constitution of the United States confers on Congress no power to
interfere with the internal legislation of the Several States and consequently
no power to act within State limits on the subject of slavery it does require
that Congress, whenever, beyond the limits of any State, it has exclusive legislative
power, shall provide, efficient securities for the personal liberty of every
person unconvicted of Crime.
Resolved, That
it is the duty of Congress to repeal all acts by which any person is deprived
of liberty without due process of law and especially all acts by which any
person is held in slavery in any place subject to exclusive national
jurisdiction.
SOURCES: Journal of
the Senate of the State of Ohio, Volume 49, For the First Session of the
Forty-ninth General Assembly, Commencing on Monday December 2, 1850, p. 47; Diary
and correspondence of Salmon P. Chase, Annual Report of the
American Historical Association for the Year 1902, Vol. 2, p.
222-3.
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