The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-26
From the Western Law Journal, for sis.
OF EUGITIyES FROM
I.ARnR.

Extract fran Mr. Jlstic1 llcLsan's opinion in he
rdse Of Ganer ~. Gorhdm ct al.
tIRorir CouaT OF THE usITEp STATES ron DIS
TaloT OF MrcHiaAs, JuSE TERN l8is.
This suit was brought to recover the
value Of SIX absconding slaves, rescued by
defendants from the hands Of the plaintiff
who had arrested them in Michigan.
"Ths, gentlemen, is an important case. II in
wolves great principles on which in great degree
depend the harmony OF the States and the prosperity
OF our common country. The case has acquired
great notoriety BY the action Of the Kentucky Leg
slature, and Of the Senate OF tile United States II
Is the frat one Of the kind which has been prosecuted
In this Sinte.
"The defendants counsel, 10 Some extent, have
discussed The abstract principle Of slavery It's mol
the province of this Court this Jury TO deal with
distractions Of any kind With the policy Of the
local laws of the STATES we have nothing TO do. How
ever unjust aud impolitic slavery may be, yet the
people Of Kentucky in their sovereign capacity have
adopted It, And you are sworn TO decide This case
according to law--the law Of Kentucky AZ 10 slave
~, and the provisions Of the Constitution and the
act of Congress in regard TO the reclamation OF fu9-
tiyes from labor. # Z
''fhis provision Of the Constitution is guaranty
to the slave States that no act should be done by the
State any one who might escape thereirom, bu, that
sur fugitive should be delivered up on claim being
made. This clause was deemed so important, that,
as matter Of history, we know the Constitution
conld not have been adopted without II. As part
of that instrument it Is ms binding upon courts and
juries as any other part Of it,
"rhe chief excellence of our institutions consists
not so much in our written constitutions and laws
as in the moral power which they embody. Intei-
gent foreigners are more forcihly struck with this
great fact than with any other They sec no militia
ry array--no display Of marshal music, OF men at
arms, 10 attract and intimidae; and they inquire,
where is the Government? II is neither TO be seen
felt and yet the people are quiet and orderly.
Foreigners seem to have no adequate conception Of
that moral power which unseen peryades every part
Of our country. Under its Rgs our citizens repose
in confidence as to the safety Of their persons and
property. Ifinjured in either, they look Tor redress
to an energetic and enlightened execution Of the laws
And from this does moral power emanate. Laws
the most wise and wholesome, II not carried into
effect, can be productive of nogood They will re-
main OH our statute books as monuments Of re-
proach.
| If we wish 10 give permanency TO our Govern
ment and preserve its great principles, we must stand
| by the Constitution and laws; and IN the admins
traton Of JUSTICE especially we must give effect TO
them In the law is found the only safe rule BY
which controversies between man and man can be
decided. In no supposablc case has a juror right
to substitute his own views, and disregard establish
| ed principles OF law. A well instructed conscience
Is proper guide for individual action but when we
are called to act upon the interests Of Others we VIC
late our oaths, and show ourselves unworthy Of 30
important trust, when adopt as rule OF action,
our own convictions Of what the law should be, rath-
| er than what il is." ~,