Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-30


'f' snh " sss;@ AID B.; TiiE coSsTTUToS
RANT. OF TuE sIAvEaoLDISG STATES, AND OF THE !
< teI4rb bn s4n4E TYLER rsE
- S,. York the writ de homiRe reptes'ando mas
heen more frequently res,rted to than IN me otne
.tn S,,tes In 1894 a man who was bFoosht oeiole
h rccorder oS the city Of Nc,o York g'nve save
sned out writ ofhomne rsaiesia.-t"' upon M.n "a
;esns vas oined and tried in ths -,e7 io'h cneu', an
verdict found that the man ewea service 70 'e PES"
claiming him; on which VERDICT judgment was rehoe!
81 Tie sunren. court Of Str York decided, that the
proper course then v,s for the recorder to grant Ger
ti6cate allowing tb- removal of the fugitive
Tbo cnnst;tnt,onalitv OF law of .Ac1o YORK, which
ro,;doS Cav The arrest of fugitive slaves in manner
Sfrnt ~ oae respects from the act OF Congress- ana
o;ve "a one claimed slave, the writ OF hontnc re-
eJooodo aganst the person claiming the servce-ana
suspends all proceedings before the Judge or haSs
tratc aud the removal of the slave under the cer''-
cate until final Judgment shall be gwen on tins writ
was discussed in another before the supreme court
Of the State of .lep York, which was heard IN the
same year -
Judre Nelson, who delivered the opinion Of the SUI
orene court on the question the effect of the act
of Congress, and of the statute OF Ner leTh says
To ascertain which is entitled to paramount authority
we must go back to the source OF power-te provision
of the Constitutions that being conceded to be supreme
and any law in pursuance thereof controlling. The
first clause merely prohbitory upon the States, ana
torbids the enactment of any law or the adoption oil
INV regulation the of fugitive slave, BY winch
and this prohibition upon the State power thus tar IS
UNQUALIFIED and complete, necessarily includes h
restriction against any tending, IN the slight
est degree, impair the right TO such service. 40
slaw or regulation Of State being permitted to DIS
charge it. the claim title OF the owner remains US
perfect within the jurisdiction Of the State to which
the fugitive has fed, after his arrival and during his
continuance, us it in and under the laws OF the
State from which he escaped The service there due'
and the escape being established, explicit are the
terms of the Constitution, rightiul authority can be
exercised by the State to vary the relation existing be-
tween the parties, To this very qualified extent, sa-
very may be said still to exist in State however ei-
fcciualy may have been denounced by her Consti-
tuition and laws On this point there be no diver
sity Of opinion - the intent and meaning OF TINS
provision the doubt arises upon the construction 10 DC
gwen to the clause: bnt sha!! be delivered M on
claim Of the party to whom such service or labor may
be due The counsel for the plaintiff III error con
tends the mode of making the claim and OF delivering
up the fugitive, subject exclusively OF State regu
lation with which Congress has right TO interfere
and upon this view, the constitutonaty OF the law
this State is sought TO be sustained. ~suuse o,
1T @sssEda a lack & he E6is to Be
and enforced in order TO comprehend its meaning and
determine what powers and to what extent may be
rightfu!ly claimed under it
.At the adoption of the Constitution, a small mino-
rty Of the States had abolished slavery within their il
mts, either by positive enactment judicial adjudi-
cation; and the Southern States known to have
been deeply interested in slave labor than those
of the North, where slavery yet TO extent existed
but where it must have been it would probably
disappear II natural for that portion of the
Union fear that the latter States might under the
influence Of this unhappy and exciting subject be
tempted TO adopt course Of Legislation that would
embarrass the owners pursuing their fugitive slaves
if not discharge them from service, and invite escape
By affordng place Of refuge. They already had
experience of the peGplexlties in this respect, under
the confederation, which contained provision on the
subject; and the serious and almost insurmountable
difficulties this species of property occasoned in the
Convention, were well calculated to confirm THEN
strongest apprehensions To this must be at
trbutcd doubt the provision of the Constitution
and which directly meets the evil BY not only prohibit
ing the States from enactng any regulation dscharging
the slave from service, but by directing thai he shall
be delivered up TO the 1t implies doubt whc-
ther they would the exercise of unrestraned power
regard the rights of the owner, properly protect
them by local legislation. The object of the provision
being thus alpabe, it should receive construction
that will operate etectually to accomplish the end
consistent with the of it. This may
bly, infer will be in accordance with the intent of the
makers, and will regard, with becoming respect, the
rights of those especially interested in ITS execution
Which power then, Il intended should be charged
with the duty of prescribing the mode in which this in
junction Of the Constitution should be carried into eff
feet and of enforcing It's eXccution-he States Con-
gress3 Il very clear if left the former the great
purpose Of the provision might be defeated, in spite of
the Constitution. The States might omit any legisla-
ton or the subject and thereby leave the owner with
cut any known by which to assert his rights; or
they might cucumber and embarrass the prosecution
Of the that their Legislation the subject would
be tantamount TO denial. That all this could not te
,cctei: Ut oTnefs would ~, = c...rad
runners OF ffIR e redistribution intended to
leave the regulation of this subject to the States when
the provision Itself obviously sprung out of their fears
OF partial and unjust Legislation by the States in respect
to It, cannot readily be admitted It would present an
inconsistency OF and an pst;l I'll
adoption OF means for the end in view too remarkable
% have been overlooked by much less wise BODY of
men They must naturally have seen and felt that
Inc spirit apprehendcd to exist in the States which
MADE TINS provision expedien would be able to rus.
trate its object in regulating the mode and OIL
carrying 1t into effect that the remedy Of the evil and
Inc security OF rights would not be complete unless
THIS power was also vested in the national govern,
ment."
~ am satisfied from attentive perusal of this nro
sison that tar Interpretation of the terms in which
is expressed, not only prohibits the States from To-
.islaton upon the question involving the owners right
this species Of labor but that it is intended TO Give
Congress the power to provide the delivering up of
ne Nave. 1t is peremptory and unqualified, that she
hall be elyered up upon claim of the party to whom
uch service or labor may be due The ght of the
wner TO reclaim the fugitive in the State to which he
as fled, has been yielded to him by the Staes-l a
Without this provision It would have been competent @
r them to have wholly denied such claim, or TO i
I'VE qualified it at discretion. All this power they
I've parted with; and the now has not only an
lquaiifed right to the possession but he has the RI
aranty of the Constitution in respect to it. 1t is OBJ
ous, if Congress have not the power to prescribe
mode and manner of the delivering up, and there
provide the means of enforcing the execution of the
hts secured by this provision, its solemn guaran. Ii
may be wholly disregarded, in defiance of the GO 70
rnment This power seems indispensable to enable tn
Esyd y Recorder ef ,Vss Ysrs II W.nd. 40