Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-02-02

cords of the proceedings oil tha' ou1' w.. IL
narfec,ly satisfied that these provisions .nus -,
Tended to be conservative oil the oohes'i' H.
tutions of the South, were lnoispehsaoI =
adoption of the Constitution; mat "i'nUu a.
,h;s IInion could never have existed Inc uo'
.n,. 18th ,bs Convention show that this was per-
feciIy understood by the representative run :a
81 non. sIayehoIding States; and that WIN 'his
understanding they ratified the Constitution
rhe oct of ratification was solemn pleosc io'
,bemselyes. and in behalf of their cons'''u-
EMS for the observance of these stipnlauons.
according 10 their letter and spirit no" la
thai pledye has been redeemed, IS an Inquiry
not to be answered by dehunciatoh u ."e :. :.
duct Of any portion Of our coun'iyu,s ~. -
a simple narrative Of events which VIC onet -
your consideration, by the perusai u "n'Iu ou'
feIIow.ci,izens. in whatever portion OF the union
,bev NAV dwell. NAV decide for themselves lhe
onestion of its observance or violation.
For thirty wears after the adoption Of Inc
ra,s,;,n,,on those provisions were so far re-
spected as 10 give no serious cause OIL coI.p'ali'
10 ANYBODY. Passing for The present lhe pre-
tension. set forth, and the ag'tations crealed "
The Missouri controversy, we proceed 10 cohS'
der the provision in relation 70 iusnNe Saves
its operation, and the resistance WHICH ! na'
been doomed to encounter.
! That provision IS III 'he ioi'o". g..
uNo person held 10 service or labor in one Stale,
under the laws thereof, escaping in'o ano'nei
state shall. in consequence OF any law or resu-
Iation therein, be discharged from such service OF
labor hul shall be delivered up on claim Of inc
I n.rson 10 whom such labor or service may DC
| dnen This provision is clear. There IS not an
uncertain or rquivocal word 10 be found 10 IT,
Whal snail be and what shall not be done are
;ulIy and distinctly sci torh. Il provides that
the fugitive slave shall not be discharged nom
| his se-vilude, but shall be delivered up on inc
| claim Of his owner. This constitutes an essen
! ial part Of the constitutional compact-is par
| and parcel Of the supreme Law ol lhe iahd' rs
sucb il i binding on the Federal and sac &C.
vsrnmer,S on the States. and on all the indiviiu-
| ais composin. them. The sacred oolisatloh u
| compact. and The solemn injunction oil me su'
nreme law. which Legislators and judge, ooth
| Federal and State are bound by oath 10 support,
all unite 10 enforce lis tulimsnl, according 10 lis
plain meaning and lis true intent As 70 WRa'
/ hat meaning and intent are, there was 10 ui'ei-
sitv Of ooinion in the earlier days OF The Repuo-
lie Congress, The State legislatures, Federal
and Safe in 'ges and magistrates, all SPonlane-
| ouslv placed inc same Interpretation ON u. W
ring that period none inte'posed impeaimen's ~
! he way Of The master, seeking ~ recover MS iu-
ojtiye slave; nor did any deny his rishl 70 pave
claim 10 nave him Delivered up. II was Ihen al
most as easy 10 recover one found in non-s'ave-
holding Stale, as one found in neishborlne
| slayehnltipg State Bul this state o. things mas
| passed away ana, 10 all practical purposes, me
| provision may be said 10 be almost deiubci.-
| Now when We take into consideration the I'M
! n1t,ance Of this provision and the cIeafness with
which il is expressed, We submit TO all lnose 10
| whom we address ourselves, 10 Whatever portion
Of the Union they may dwell, that any evasion
| of i, is alike injurious and unInslihanle. lnis
| idea cannot be more correctly, conclsely, ani
impressive!y stated, Than in the language o. Two
I Of Inc Judges oil the Supreme Court. la The case
| NJ Prieg rs the Commonwealth Of Pennsylya-
mia. Judge Story said "Historically, It IS well
known tina, tie obiec, OF this clause was 10 secure
10 he citizens Of the slayeholding States the COM
| olete right and title OF ownership IN their slaves,
| as proper,v, in every Stale OF The Union into
| which they might escape from the Sla!e wherein
! lhsy were held in serYlude. The iuil fecoSni-
! ton OF this rlSat and title vas Indispensable 10
the security OF this species Of properly IN all The
slavehodng States; and indeed, was 50 vital 10
the preservation OF their Interests and institutions,
| ina, il cannot be doubled that il constituted fun.
| damenlal article, without the adoption OF which
| The Union would moi have been formed It's true
| design wa. 10 guard against the doctrines and
| principles prevalent in the no.-siaVeholuins
| 5 lales, by preventing them from in'erneddiing
with. or restricting or aboshins The rights OF the
/ owners al the slaves.
| Again: "The clause was therefore Of the last
| Importance to the safety and security OF Inc
| Southern States; and could not be surrendered
by them, without endangering their whole pro-
perty in slaves. The clause was accordingly
| adopted in the Constitution by the unanimous
consent Of the trainers of it-a proof at once oil
4 a MOI
Again: "Thc clause manifestly contempates
the existence Of a positive unqualified right on
the part of the owner Of the slave, which
State law or regulation can in any way regu-
late, control, qualify or restrain"
Tie opinion Of the other learned judges was
not less emphatic as 10 the Importance oil TINS
provision, and the unquestionabe right of the
South under it, In the case Of johnson Us.
Tompkins and others, Judge Baldwin, in chars-
| ing the iury, said: III there are any rights oil
property which can be cnforced-if one citizen
| have any rights Of property which are invlo'
| liable under the protection OF the supreme
Court Of the State and the Union, they are those
which have been set al nought by some oil these
defendants As the owner of property, which
| he had perfect right 10 possess, protect and
take away-as citizen of a sister State, emil
tied to all the privileges and immunllies OF citi-
| zeps of any other State, Mr. Johnson STANDS
before YOU on ground which cannot be taken
| from under hint is the same ground on
which ,hc Government itself is based. ii the
defendants can be justified, we have no longer
law or government Again: Alter referring
! more particularly to the provision for deliver
| ing up fugitive slaves, he SAID "Ihus you sec
that tho foundations of the Government are
laid, and res, on the right of property IN slaves
/ 4 - Inlt htgtnrbinp
| corucl-s;Cn-
rhcse are grave and solemn and admonoty
words from high source They state with great
| force the clearnesS importance and fundamental
| character OF this provision, and The disastrous
! consequences which must follow from its VIOLA
\ INN. Yet. in despite OF these solemn warnings,
| me citizen OF the Soulh, seeking the recovery OF
| his fugitive slave, instead OF receiving The AID
| provided for by the constitution, and whlch Inc
learned Judges referred t. have endeaVored 10
enforce, is doomed TO encounter resistance ~
every form which ingenuity can devise: ffon ic-
eislaivc ac,s-tfum judges and magistrates and,
| when these TAIL from mob> Of whites and blacks,
who, by force ~ rhr,a'., rescue the fugitive slave
from his righliu! oNHrt; while he is subjected 10
| insult, IL the baZ u imprisonment, 81 heavy
pecnnary loss, AMI even OF life itself A citizen
| OF MARYLAND Nj Kennedy Of Haeersiown-il
is well known, rs list his lie in an attempt 10
recover his fugitive slave under this provision.
But this provision Of The constitution is violat-
ed in freely, as welt as directly, by organized
combinations Of individuals in many Q: The
S;atcs, whose object is TO enlice slaves from their
masters, and 10 pass them secretly and rapidly,
BIZ means previously arranged, into Canada,
where they are beyoni The reach Of this provision
"a process which al will agree is as directly
repusnaut TO is injuncions as It's open Or even
lorcible violation would De; and yet II is believed
that not one Of the States within whose limits
they exist have adopted any measure to sup.
press them.
We commend this statement of facts, relating
to this provision concerning fugitive slaves, 10
the serious consideration Of our fellow citizens
in every portion of the Union, to the forbear-
ance of our Southern brethren, 10 the patriot
ism and respect for the constitution Of those oil