Speech of Salmon P Chase in the Case of the Colored Woman Matilda Who Was Br

Cover Speech of Salmon P Chase in the Case of the Colored Woman Matilda Who Was Br
Speech of Salmon P Chase in the Case of the Colored Woman Matilda Who Was Br
Salmon P Salmon Portland Chase
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It authorizes him to hear and decide upon claims ad- verse to the sacred right of personal liberty. It makes his cer- tificates valid warrants, for confining and carrying out of the state, men and women, who may nevertheless be entitled to all the rights of citizenship. It recognizes no distinction of color. It exposes the magistrate to fearful temptations, and at the same time shields him from all responsibility. Tne juris- diction which it confers is exclusive of the jurisdiction of the state... courts. No state court can control its exercise within the limits prescribed by the act. No state court can review or reverse any decision made in pursuance of it. And yet the state courts were created for the very purpose of protecting personal liberty, and all the provisions of the habeas corpus act were intended as its muniments and safeguards. Vain purpose and intention, if the courts of the state are to presume in favor of the jurisdiction of the magistrate! If a person brought before the court by habeas corpus may be remanded to custody, as a fugitive from labor, although the return does not disclose a state of facts within the jurisdiction conferred by 15 the act of congress, the provisions of our statute are miserable mockery.

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