Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-04-30

poFhon OF the Union which did permit such
properly, and which otherwise might often
ne deprived Of 1t entirely, by its merely cross
ing me line OF an adjoining State Madi.
sons Pa. 1869, 1899.
1hls was thought TO be too harsh a doc.
tlne In respect 10 any title to property of \
friendly n~eighbof, not brought nor placed in
another State, under its laws, by the owner
himself, but ESCAPING there against his con.
sent, and often forthwith pursued, in order
10 he reclaimed.
The act OF Congress, passed only rour
years after the Constitution was adonto1 vras
therefore designed merely TO render efTpctive
the guaranty Of the Constituiiop iteelf AMI =
course Of decisions since, in the conrts of The
states and General Government. has for half
a century exhibited great uniformity in favor
OF the validity as well as expediencv of the
acl.-5 Sarg. g. r., GO; 0 john, CT; 10
Wendell, 3ll; 507; , Pick, II; Bald, C.
o., 1876; 4 WASH, G. c., 326; IS Pick,
2l5.
While the compromises of the Constitution
exist, 1t is impossible to do irs,ice to their
requirements or fulfil the duty incumbent on
us towards all the members Of the Union,
under its prov %isions, without sustaining such
enactments as these Of the statute of A. ID.
1898.
We do not now propose 10 review at length
The reasoning on (which this act has been pro-
nounced constitutional. All of its provisions
have been found necessary to protect private
rights under the clause in the Constitution
relating to This subject, and to execute the
duties imposed on General Government to aid
by legislation in enforcing every constitution
al provision, whether in favor Of itself or 9TH
ers' rms grows out of the position and ma
lure OF such a Government, and is as impera-
1--WE on II In cases not enumerated especially
IN respect to such legislation as in others.
That this act of Congress, then, is not re-
pugnant to the Constitution, must be consi-
dered as among the settled authorizations of
this court.
The last question on which a division is
certified, relates to The ordinance of 1857, and
the supposed ~rerugnancy to it Of the act of
Congress Of 1893.
The ordinance prohibited the existence of
slavery in the Territory northwest of the river
Ohio, among only its own people.
Similar prohibitions have from time TO time
been introduced into many of the old States.
But this circumstance does not affect the do
mestic institution Of slavery, as other States
may choose to allow it among their people,
nor impair their rights of property under it,
when their slaves happen to escape to other
States. These other States, whether north
west Of the river Ohio, or on the eastern side
of the Alleghenies, if out Of the Union, would
not be bound TO surrender f%ugitives even for
crimes-it being, rs before remarked. an act
of comfy or imperfect obligation.-I4 Peters,
$40, llolnls rs. I~ennison ct al. But while
within the Union, and under the obligations
Of the Constitution and laws of the Union,
requiring that this kind of property in citi-
zens Of other States, the rights to "service
or labor" be not discharged or DESTROYED, they
must not interfere to impair or destroy il, but
if one so held to labor escape into their lin
its, should allow him to be retaken and rcta-
and returned TO the place where he be-
In all this there is no repugnance to
the ordinance. Wherever that existed, States
still maintain their own laws as well as the
ordinance, by not allowing slavery to exist
among their own citizens.-i Martins r.,
1856. But in relation TO inhabitants of other
States, if they escape into the limits of States
within the Ordinance, and if the Constitution
allow them, when fugitives from labor, 10 be
reclaimed, this does not interfere with their
own laws as 10 their own people, nor do acts
of Congress interfere with them, which are
rightfully passed to carry these constitutional
rights into effect there, as fully as in other
portions Of the Union.
Before concluding, it may be expected by
the defendant that some notice should be ia
ken of the argument urging on us a disregard
of the Constitution and the act Of Congress
in respect 10 this subject, on account Of the
supposed inexpediency and invalidity of all
laws recognising slavery or any right of pro-
perty in man.
But this is political question, settled by
each State for itself, and the Federal power
over it is limited and regulated by the people
and the States in the Constitution itself, as
one of its sacred compromises, and which we
possess no authority, as a judicial body, to
modify or oYerrule.
Whatever may be the theoretical opinions
Of any, as to the expediency of some Of those
compromises, or of the right of property in
persons which they recognise, this court has
no alternative, while they exist, but to stand
by the Constitution and laws, with fidelity
to their duties and their oaths.
Their path is q straight and narrow one
20 60 where that Constitution and the laws
lead, and no, to break both bytravelling with
out or beyond them.
Let onr opinion on the several points rails
ed be certified to the Circuit Coun of Ohio,
in conformity to these views.
WIN. THOS. CARROLL,
Clerk Of he Supreme Court Of tile u. Siaies.