New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-10


sbrosson would be unnecessary because tie orensiTe
law o. equation would BE- unconstitutional and ipso
fdco void Here. the Constitutional power reposed 10
Congress to easls.e on tbs subject must end for the
object OF the Second Article G attained when such action
legislation b. the several states IL e1ectuy prohio
Ted OF defeated
The law Of 1923 vas passed because. when the Gov.
OF Pennsylvania ia 1921 demanded from the Gov
ernOr Of Virginia three fugitves not from sGcev 5gt
from Issoe the Governor Of Virginia answered that
be was not authorized u comply By the mere authority
Of the Constitution Of the United States without
immediate and direct power. for which he appealed.
through President Washln gton 10 Congress. Thus Il
happened that Congress did in fact by law of 1873
ercse legislative power concerning the recspture Of fu
Fiti7e slaves before any case had arisen IN any State
which showed that the Constitution OF the Unfed states
Intellectual withou, ls -isldon Occasion 81 ken
Of ernbsrrsssnent concerning the surrender q ug
tves from justice 10 torty sdvry BY giving It what
then ssst unnecessary sd for tie recspture u
iugtves from labor. The plea then made fer this bold
not Of necessity 81 least not n neces
sity proved Bat OF analogy between the consu-
tutOpal prov isOn relating the surrender Of fugtves
from labsr Il seems 10 us that the analogy which
the only foundation OF the enactment does not exist In
regard 10 ugtyes from 1sce the Constitution direct
and affirmative:
a person charged in any state viii treason felony or
other crime who shall a,e from DsIce, ana be found In
another State shall demand Of tie Executive suh0ry
81 he sac fou which he fed be delivered I'd 10 be re-
moved 20 ihs State having Jurisdiction Of the crime
The provision adopted IL direct positive, absolute Il
describes with precision the person 70 be surrendered
as who being charged in any state with treason
felony. or other crime shall Zee from Justice sad be
found in another State The culprit shall be demand
ed by the Executive authority OF the STATE and ~ no
one else and il s fairly implied that ne sha os dehF
cred up by the Executive authority OF the state wher9
he Is found. and by nOne ctt since, u any other au
thority were obliged % execute the delivery there
would inevitably be clsshiDg among the police Of the
seversl states No difficulty was found IN the virginia
case except 20 remove the doubt Of the Governor OF tha
Commonwealth concerning his power 10 execute tne
surrcnder-a doubt quite unreasonable and % be deep
w depored for the consequences which u mas produced
Those who contend for analogy between the TWO
provisions find their cause 20 weak as u be ooged 70
dwell upon the merely iortutous crcumsiance that the
two clauses concerning lugitiyos are found IN JuNm
position But surely this argument IS Of no vaue II inc
provisions exhibit marked contrast Toe clause con
corning fugtves from labor instead OF Oeing eA-
pressed in direct and positive form aad OF imPos ID
an obligation and duty upon the Executive authority
OF the respective States is merely negative imposes no
such obligation duty and u content with merely de-
nvne IN the legislative authority Of the several States
power 10 hinder or obsruct citizens OF other states IN
the assertion oflawiul claims 10 labor or service 10
person held 10 service or labor in one state under tao
laws the laws thereof aud escaping into sn0her shA ~
coneeouence of any law or regulation m0ftA Be a.
clarRtd from sH surice labor, but shall be delivered
up on claim Of the party, &c. This mere announce
ent of principle which shall be paramount IN courts
OF Justice 70 any local laws or regulations
II was truly sed by Judge story that II the Consu
tuition had not contained tho clause now under consider
alton every non fAyohOding State in the Lnopf would
have been At liberty TO have declared free all runaway
slaves coming within its limits, and 70 have gwen tnen
entire immunity and protection against their masters
Therefore the clause Is an abrdgnent OF Stae soVe
reignyif conflicts with the principles OF natural ana
civil liberty and contrasts strongly will the nights
and privileges guaranteed 10 the cluzens oil al me
States by the Constitution II Is therefore, to be strcty
construed If construed the clause spends its Who'll
force in an initiation Of laws and regulations cal cuait
IN one state work discharge Of iuguves heid TO IA
Dor in another State by the laws thereof and neither
needs cOntempates legislation by congress Dut re-
lies for its execution upon the Ju1lcal auhouts OF INC
States and of the Union.
This argument derives much force from the fact that
the Constitution does not among 10 express powers
authorize Congress to enact laws concerning the surren
der of tueitives from labor Such power IS omitted
froln the long catalogue OF legislative powers.
The law OF 1898 nysdes the rights OF personal hb1y
secured by the 5th Article Of the amendments 10 the
Constitution which declares that no person shall be
deprived of life liberty property rihoM due process
Of iat Due process Of law IS swnt or warrant Issued
by Megi,rate upon probable cause supported py osh
or affirmation describing the person 10 be seized
Agon. The law of 1898 invades the TN Article OF tho
Amendments The night Of rccaPture has been declared
by his Court 20 be Common Lam night and clearly
IL not che DO tried in Court OF Eqeiy g. Of Adr
ralty is therefore. right to be tried by Court pro
cceding according TO the course OF Common Law, and
yet the law Of 1898 denies to The person arrested the
privilege Of trial by jury.
Again The act OF 1898 is unconstitutional and void
because authorizes notmerey unreasonable seizure
OF party without due process ofaw but directs that
Judgment of Acknowledgement and perpetual LABOR may
be rendered against him in his absence under dgess BY
he plaintiff upon szpdrfe erdencs without giving MIN
any opportunity 70 be heard before judgment or 10 re-
view II sfterward and throughout me eon.euP,sIeo
proceeding denies him the privilege OF bail And this
In papsble violation of the Eighth Article oil The Amend
ents which declares that excessive bail shs not be
required excessive taes imposed nor 6Aa ana ~
usual pUnishmcab inflicted.
Again The fourth section Of the act Is unconsutu-
ton s because 1t subjects the party hsrborng or con
cesling fugitive from labor, TO punishment WINE
the constitutional provision does not az all inhioit Cit
yielding hosuifslity and entertainment
he has natural right TO exercise by the constitution
OF every society. There is luxury IN Arording sue.
cor help and comfort 70 the needy and oppressed and
We are commanded to do so By Divine laws. paramount
TO all human authority.
We are sensible that 10 thus sbrdgins MI Stewards
argument have in some degree impaired It's force
We have endssvored however to seize the most mPor
tant points and present them distinctly TO the mind oil
the reader Referring those who wish TO see the srgu
nent in ersaso to the pamphlet edition We conclude
our abrdgement by giving the closing passage entire
Ftnally The Act Of 1898 IL unconstitutional becAu'e,
BY implication and certain eject recognizes slavery
As a lawful institution, lawfully creating AZ oDigauon %
labor All slsvery Is an open violation OF the personal
I ghts guaranteed 20 the people by the Consuiuuon-
However true II may be that VIII Congress hnds the
institution existing IN any State they have no power to
disturb it there 1t Is clear that they have no night 10
extend in other states compel such states TO re
eoguize its peculiar code. such power Is not ex
prssy conferred by the section which has been consc
construction. II il maniiestly excluded from that Por
ton Of the instrument absolutely interdcted by others
which have been recited and at war with the spirit OF
the whole Constitution. We need not refer again,
minuely TO It's provisions to support this argument
Our senses tell happiness assures us our PRIDE
proclsinlz the and glory Of ancestors
dsy aud every hour remind US, that We are fRKE
People-,hat the Constitution slesacy OF Liberty and
tha. so Tar Liberty and Slavery depend on that Great
Charter all men are free and equal II all this be not
evidence enough we can read the same truth In the
we're dersiou We Justly excite throughout the world and
the humiliation we cannot conceal when we attempt TO
Justify the liberation Of Slavery.
For ourselves humble advOcstes IN CREST cause,
we cannot hope We dare not hope, We do not expect
that principles which seem 70 Us 50 reasonable so just
and so truthful can al gain immediate estso
hshmen in this tribunal against the force OF many pre-
cedents and the weight of many honored nsnes. but
we do humby hope tbs, past sdiudicstlons BY which
the Constitution was unnecessarily declared to reeos
nize sanction and guaranty Slavery, may be reconsid
eled We appeal 10 the Court TO restore 10 that re
vered instrument its simplicity IL truthfulness its
harmony with the Declaration OF lndependence-its
studied denial OF right OF property IN Man ana IL
Jealous regard for the security q the People We hum
by suppicate that slavery with ts odious form Aad re
voting features and its dreadful pretensons for tie
prese and for the future may not receive IN this great
tribunal now sanction and cOUnenance, denied y u
by Convention Of the American states more than bali
century sgo Let the spirit which prevailed IN that
aueus oniy find ueTalce here, and the time