Weekly miners' express. (DuBuque, Iowa) 184?-1849, 1847-12-29


Convenience md policy, however, have, Ire. 4
quently induced states to modify this prir.
cipla of national law, in relation totugitisas
owing service, or charged with crimes, etc.,
escaping from one jurisdiction into that OF
another; and by treaty stipulatiuns, have
granted a reciprocal right Of the reception
OF fugitives,in the case. and in tho mode,
prescribed.
1.-THE period of the adoption Of the con
stitntion ofthe United States, slavery exist.
edfnInost OF the states Of the confederacy,
a9naas they bore the same relation to each
other ana recognized the same general law
thatswas applicable to other independent
states or nations upon the subject Of slavery.
and the right of reclaiming fugitive slaves.
| 1t did not escape the prescience of the con.
| venton, that this subject would be likely to
give rise to irritation and angry excitement
| between the citizens of proXimate free ana
| slave states; hence the adoption of the %
section of the fourth article of the consti1u.
ton Of the United States. which was inten-
ded to obviate dissimilar and conflicting Ie-
gislation upon this subject by the states, to
promote harmony among them, and secure
The recognized rights OF individuals in ac-
cordance with uniform rule.
I 1.-The subject of slavery was the most en-
| barrassing one with which the convention
had to deal, and it was by their devotion tu
i the cause in which they were engaged, and
the exercise of generous and magnanimuus
/ spirit o! concession and compromise. that
they were able to overcome the difficulties
by which they were surrounded.
! 'The constitutions Of the State of Illinois
declares. that there shall be neither slave
ny nor involuntary servltude," etc within
the State. The act. therefore, Of bringing
Jane and her children into this State, and
! holding them here, being in contravcntion
of this provision, would OF itself work for
fixture Of the title to Mateson, unless some
saving clause can be found in the paramount
law of the constitution Of the United States
by which it would be perpetuuted. ~l.
1.-The r! ght Of reception under the second
section OF the 9TH article of the constitution
Of tie United States, is confined to persons
held to service or labor in one State, under
the laws thereof, escaping into another
The language OF the act OF Congress Of tho
18th Of February. 1893, is. that "where any
person held to labor in any of the u States,
under the laws thereof, shall escape into any
# oshcr ofthe said states" etc =, the owner or
:, his agent may seize such fugitive from labor
, and upon proof made to the satisfaction Of
the judge, that the person SO seized doth,
: under the laws of the State from which he
: fed, owe service, ETC., it becomes The duty
: OF the Judge to grant the certificate.
6 "ihls constitutional provision and the
law in aid OF it define the rights of the mas
ter. anu prescr be the only course by which
r he can reclaim slave who has fled from his
e service into state or territory in which,
: slavery is not recognized, So far a. relates
: to this case, repeated decisions have given
: uniform construction to these avs. The
}, master is entitled to the re-dslivery of biz
q servant only when the servant escapirg hos
y been legally held 10 service in one state. ans
y has escaped into another. He must BIZ 8
fugitiue from the service Of his n,u.le.. I,
e the case OF er parte SI,umcns. the cour,
" said, 1.-THE cons titutlon and la s relative C
t this subject are susceptible. of Ito broade
l. construction than the language. and dn not
embrace persons owing service, brought att
l. carried into another state" s-a.
"From this view of the subject. it ia ma
q nfest that Mateson has forfeited all title T.
= the services of Jane and her children. Their
e can lie no pretence that she ia a f.git.v,
n from bis service in Kentucky. Indeed, i
y is not controverted that it vi as by his direc
'r and voluntary act that she WIS brought her
r. in 1915; and kept within his employ up |,
a. within the last few days.
u "Considera5le Importance ia attached b
counsel 10 tho fact that Natsson re,ana
=, HE citizenship ~ Kentucky. and proexss,
~ the intention OF leaving his servants in Hi
&c nois but temporarily. But we cxnno. par
~ celve that these circumstances are en:.ti.
&c to tho conslderatltn in this case claimed f..
. them. Neither the place Of residence, no
+ the declared intentions Of Muteson counter
- vailed the fuct that he voluntarily dolpIcil
l. ed bis servants here for two years or up
}. wards. Even if, from some contingency
- they had remained but day, the ciscum
!: stance OF his having transferred their donnie
J. from Kentucky and fixed it in Illinois. wou,
= have produced the same result.
}, There have been repeated adjudication
upon the act Of Congress of 1898. and al,ho
= there are some discrepancies between those
e OF different States, upon some points, We
J. they all concur in every point arising in thi
,. case, and agreeaby to the interprstatio,
!" thus given to the act Of 1893. In connec
ton with the constitution Of lllinoie; ".
:, arc clearly ofopinion hat Aiateson. by bring
ing Jane and her children into the State O
;. Illinois, ard domci'ing them here, has for
feted all claim to their services, and enti
:!"d them to be discharged theretrom.
''The case of Vaughn Us. Williams, dcci
u ded by Judge Mclean, and er parte Sim
/. mons, are directly in point. Jane and he
= four children are ordered to be discharged
:. by the Court.
G Mn. EDITOR The ''Odd Fellows Gel
bration'' on Christmas eve, passed off 70
:, :. ny satisfactorily to all concerned.
:, At precisely o'clock, P. NJ. the Cd,
0 Fellows of this city, together with broth