The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1849-02-07
We do not deem Unnecessary to undertake

II canstitu:cs an essential part OF the con-
stitu,ional compact, and of course the su-
preme law Of the land. As such it is binding
on all the Federal and State Governments,
the States and the individuals composing
them. The sacred obligation of compact,
and The solemn injunc:ions ofthe supreme
law, which legislators and judges, both Fed.
eraI and State, are bound by oath to sup
port, all unite to enforce its ful6lment, ac-
cordiny to its rlain meaning and true intent.
What that meaning and inlen, are, there was
no diversity of opinion about in the better
days Of the Republic. prior 10 1919. Con.
gress, State Legislatures, Gtate and Federal
Judges and Magistrates aud People, all sPon-
ianeousIy placed The same Interpretation on
it. Duriug that period n'inc interposed i'm.
pcdiments in the way of the owner seeking
to recover his fugitive slave nor did any
deny his right to have every proper facility
to enforce his claim to have hnn delivered up.
1t was then nearly as easy To recover one
found in Northern State, as one found in
ncighboring Southern State. But This has
passed away, and the provision is dcfunct.
except perhaps in two Stales.a
When we take5in consideration the i'm
porlance and cIearness of this provision, the
evasion by which it has been set aside may
fairly be regarded as one of the most fatal
blows ever received by the South and the
Union. This cannot be more concissly and
correctly stated, than it has been by two
learned Judges Of the Supreme Court OF the
United States. In one OF his decIsIonst
Judge Story said: Historically, it is well
known that the object of this clause was to
secure to the citizens of the slaveholdlng
States the complete right and title OF owner
ship in their slaves, as property. in every
State of the Union, into which they might
escape, from the State wherein they were
held IN servilude." The full recognition OF
this right and title was indispensable TO The
security of this species of property, in all the
sIavehoIdIng States, and indeed, was SO vi.
tai to the preservation of their interests and
institutions, that it cannot be doubled, thai
it constituted fundamental article without
the adoption of which the Union would not
have been formed. lis true design was to
guard against the doctrines and principle
prevalent in the non-slavcholding States, by
preventing them from lntcrmendIIng with. or
restricting, or abolishing, the rights OF the
owners Of slaves"
Again: "The clause was therefore of ihc
last importance to the safety and security OF
the Southern States, and could not be sur
rendered by them without endangering their
whole property in slaves. The clause was
accordingly adopted in the Constitution by
the unanimous cousent Of the trainers OF IL
a proof a, once Of its intrinsic and practical
necessity"
Again: "Thc clause manifestly contem.
plates the existence of a positive unqualified
right on The part otthe owner of the slave
which no State law or regulation can in any
way regulate, control, qualify, or restrain
The opinion of other learned Judges was
not less emphatic as to the Importance ol
this provision and the unquestlonable right
of The South under it. Judge Baldwin
charging the jury, sa;d:t "ll there are any !!
rights of properly which can be enforced, II
one ctizen have any rights of property
which are inyloable under the protccllrn o
The supreme law Of the State, and the Union
lhcv. arc those which have been set al
nousht by some of these defendants.
AS the owner Of property, which ne had
perfect right To possess, protect, and !aKe
awav--as citizen of sister State, entitled
to ali the privileges and immuntIes of c'lI'
zcns of any other Stalcs-Mr. Johnson
stands before you on ground which cannot
be taken from under hint Is The same
ground on which the Government itself Is
based. If the defendants can be Justified
we have no longer law or government,
Again, after referring more particularly "a
the provision for delivering up fugitive slaves
he said; Thus you see that the foundations
of the government are laid, and rest, on the
right of property IN slaves. The whole
structure must fall BY disturbing the corner
stone"
These are grave and solemn and admonitory
words, from high source. They confirm al
for which the South has ever contended, rs to
the clearness, Importance, and fundamental
character ofthis provision, and the disastrous
consequences which would inevitably follow
from its violation. But in spite otthese solemn
warnings, the violation then commenced, ant
which they were intended to rebuke. has been
fully and perfectly consummated. The citizen;
of the South, in their attempt to recover theII
slaves, now meet, instead Of aid and CO opera
ton, resistance in every form; resistance from
hostile acts of legislation, intended TO battle and
defeat their claims by all sorts Of devices. and
by interposing every description Of impediment
resistance from judges aud magistrates; and
finally, when all these fail, from mobs, compos
ed of whites and blacks, which, by threats oil
force, rescue the fugitive slave from the posses
sion of his rghlful owner. The attemP, to re-
cover a slave, in most of the Northern States
cannot now be made without the hazard Of in
sult heavy pecuniary loss, imprisonment, ano
/ lie Al.aa hae q ,rnrfhu ciiizer