Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1849-02-15


ton of the State wherein he is found and
the latter that he shall be delivered up on
claim of his owner
We do not deem Unnecessarily to undertake
to refute the sophistry and subteriuges by
which so plain a provision of the constitu-
ton has been evaded, and, in effect, annul-
led. 1t constitutes an essential part of the
constitutional compact, and of course OF
the supreme law of the land As such it is
binding on all the federal and State govern
ments, the States and the individuals CON-
posing them. The sacred obligation oil
compact, and the solemn injunction of the
supreme law, by which Legislators aud judi
ges, both federal and State, are bound by
oath to support, all unite to enforce its full
hlment, according to its plain ineahing and
true intent. What that meaning and intent
arc, there was no diversity of opinion in the
better days of the republic, prior to 1919.
Congress, State legislatures, State and fed
eral judges and magistrates, and people, all
spontaneously placed the same interpreta-
ton upon it, During that period none in
terposed mpediments 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
him delivered up. 1t was then nearly as
easy to recover one found in a Northern
State, as one found in a neghboring south
ern State. But this has passed away, and
the provision is deiunct, except perhaps in
two States.&
When we take into consideration the i'm
portance and clearness 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 oy the South and the
Union. This cannot be more concisey and
correctly stated than it has been by two of
the learned Judges OF the Supreme Court of
the United States. In one of his decisonst
Judge Story said " Historically it is well
known that the object of this clause was to
secure to the citizens of the slaveholding
States the complete right and title of own
ershp III their slaves, as property, in every
State in the Union, into which they might
escape from the State wherein they were
held in servitude" "The full recognition
of this right and title was indispensable to
the security Of this species of property in
all the slaveholding States and, indeed was
SO vital to the preservation of their interests
and Institutions, that it cannot be doubted
that it constituted fundamental article,
without the adoption of which the Union
would not have been formed. Its true de-
sign was to guard against the doctrines and
principles prevalent in the non-savehoding
States, by preventing them from informed
ding with, or restricting or abolshng the
rights of the owners of slaves"
Again. "The clause was therefore Of
the last Importance TO the safety and secur-
ity of the Southern States, and could not
be surrendered by them without endanger-
ing their whole property in slaves. The
stitutlon by the unanimous consent of the
trainers of it-a proof at once of its intrn-
sic and practical necessity"
Again. "The clause manilesty contem.
plates the existence of positive unqualified
right on the part of the owner of the slave
which no State law or regulation can in any
way regulate, control, qualify or restrain"
The opinion of the other learned Judge:
was not less emphatic as to the importance o
this provision, and the unquestionabe right,
of the South under it. Judge Baldwin, il
charging the jury, said + eff there are an,
rights of property which can be enforced
if one citizen have any rights of propert,
which are inviolable under the protection o
the supreme law of the State. and the Tn
ion, they are those which have been set IA
naught by some of these defendants. A
the owner of property, which he had per
feet right to possess, protect and take ava
as citizen of sister State, entitled Il
all the privileges and immunities of citi
zens of any other State-Mr. johnson
stands before you on ground which canno
be taken from under hint is the SAM
ground on which the government itself il
based. If the defendants can be justified
we have no longer law or government
I Again, after referring more particularly t
the provision for delivering up fugitive slave
he said" Thus you see, that the founda
tioEs Of the government are laid, and res
on the right of property in slaves. Th
whole structure must fall by disturbing tn
corner stone"
These are grave, and solemn, and admc
nitory words, from a high source. The
confirm all for which the South has eve
commended, as to the clearness, importance
and fundamental character of this provision
and the disastrous consequences whic
! would inevitably follow from its violation
: violation then commenced, and which the
4 were intended to rebuke, has been fully an
e perfectly consummated. The citizens
!, the South, in their attempt to recover thei
i slaves, now meet, instead of aid and COO
= Grafton, resistance in every form; resistanC
: from hostile acts of legislation, intended
+ battle and defeat their claims by all sorts
y devices, and by interposing every descri
# ton of MISUNDERSTANDING from JUDI
d, es and magistrates-an finally, when a
# those fail, from mobs, composed of whit,
p and blacks, which, by threats of force, re
d cue the fugitive slave from the possession
: his righliul. owner. The attempt to recov
n slave in most of the Northern States, ca
3 not now be made without the hazard of i
IS suit, heavy pecuniary loss, Imprisonment
h and even of life itself Already has wo
ID thy citizen of MarylandS lost his life in m
l. king an attempt to enforce his claim to
II fugitive slave under this provision
But provision of the constitution mi
l. be violated indirectly as well as directly,
'r doing an act in its nature inconsistent wi
= that which is enjoined to be done. OF tn
e form of violation there is striking instan
e connected with the provision under consi