Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1849-02-21


lion and taxation. Whoever will examine the re-
cords OF the proceedings of that day, will be per
iectIy satisfied that these provisions thus intended
TO Go conservative of the domestic institutions of
'he oouh, We're Indispensable to the adoption ofthe
constitution; that without il this Union could never
nave existed. The debates of the convention show
tat mus was perfectly understood by the represen-
taiives from the noRslaveholding States and with
this understanding they ratified tho constitution
The act OF ratification was solemn pledge for
themselves, aud In behalf of their constituents, for
the observance o. these sipulaiions, according to
their letter and spirit. How far that pledge has
been redeemed is an inquiry not TO be answered by
denuuciaiion of the conduct of any portion of our
counrymen. II is simple narrative of events
W. e. we offer to your consideration, by the peru
sal o. Sriiich OK fellow citizens, in whatever por-
lion Of the Union they may dwell, may decide for
themselves the question Of lis observance viola
ton.
For thirty years after the adoption Of the cons-
tuition, these provisions were far respected as to
give no serious cause of complaint to any body
Passing for the present the pretensons set forth,
and the agtatous created by the Missouri contro-
versy, we proceed TO consider the provision in rea
ton TO fugitive slaves its operation, and the resist
ance which it has been doomed to encounter. That
provision is in the following words '.No person
held to service, or labor in one State, under the
laws thereof escaping into another State, shall in
consequence Of any law or regulation therein, be
discharged from such service labor, but shall be
delivered up on claim of the person to whom such
service or labor may We due"
This provision is clear. There is not an uncer-
tain or equivOca word TO be found in it. What shall
be and what shall not be done, are fully and dis
tlncty set forth 1t provides that the fugitive slave
shall no! be discharged FROM his servude but shall
be delivered up on claim Of his owner. This con-
sututes an essential part of the constitutional com
pact-is part and parcel of the supreme law OF the
land As such IL is binding on the federal and
State governments, Oil the States and On all the in
dividuals composing them. The sacred obligation
OF compact, and the solemn injunction of the SUI
preme law, which Legislators and judges, both fed
eral and State, bound by oath to support all u
mite TO enforce lis fulilment according its plain
meaning and lis true intent AS 10 what that mean
ing and intent are, there was no diversity of opn-
ion in the earlier days of the republic. Congress,
State legislatures federal and State judges and
magistrates, all spontaneously placed the same in
depreciation on it, During that period none inter
posed mpediments in the way Of the master, seek
ing TO recover his fugitive slaves nor did any deny
his right to have every proper facility for the en-
forcement Of his claim TO have him delivered up
1t was then almost as easy to recover one found IN
a mons laveholding State, as one found in neigh
boring slaveholdng Stale. But this state of things
has passed away, and all practical purposes, the
provision may be said to be almost defunct. Now,
when we take into consideration the importance of
this provision and the clcarness with which il has
been expressed, we submit to all those TO whom we
address ourselves, in whatever portion of the Union
they may dwell, that any evasion Of it is alike nu
rlous and unjuslinabe. This idea cannot 1e more
correctly, concisely and impressvely stated than il
the language otthe two judges oflhe Supreme Court
In The case of Prgg VS.. the Commonwealth Of
Pennsy lvania Sudge Story said "Historically il
is well known that the object Of this clause was &c
secure to the cIzens of the sayeholdng States the
complete right and title Of ownership in their slaves
as property. III every State Of the Union into which
they might escape from the State wherein they were
held iii serviiude. The full recognition of this
right aud title was Indispensable TO the security OF
this species of property in all the slavcholdina
States, and, indeed, was vital to the preserva.
ton of their interests and Institutions that it cannot
Sc doubted that constituted fundamental article
without the adoption of which the Union would MOI
have been formed Its true design was to guard
against the doctrines and principles prevalent in the
non slavoholdng States, by preventing them from
ntermeddling with, or restricting or abulishinp IN,
rights of the owners of the saves''
Again. The clause therefore of the las
Importance to the safety and security of the South
ern States, and could not be surrendered by then
without endangerirg their whole property in slaves
The clause was accordingly adopted in the consti
tuition by the unanimous consent Of the trainers @
ia proof at once Otis intrinsic and practical ne
cessiiy."
Again. '',rhe clause manifestly contomplates thu
existence of positive unqualified right on the par
OF the owner Of the slave, which no State law o
regulation can in any way regulate, control, quail
lfy or restrain" The opinion of the other Learned
Judge was not less emphatic as to Inc importance
Of this provision and the uGquesionable right of thu
South under it. In the case of johnson u.s. TOMB
iins and others, Judge Baldwin. in charging tn
jury said; "lfthere are any rights Of property whic
can ne enforced; If one citizen have any riohts q
property which are inyolable under the prolectio
of the supreme law Of the State, and the Union
they are those which have been set at noupht b.
some of these defendants. As the owner of propeT
ty, which he had perfect right to possess. protect
and take aWay-as Il citizen ola sister State on
titled TO all the privileges and immun;ties of citi
zens of any other State-Mr johnson stands be
fore you on ground which cannot be taken from m
der him it Is the same ground on which the GOV
eminent itself is based. If the defendants can h
justified, we have no longer law and government. !
AGAIN after referring more particularly TO the pro
vision tor delivering Up fugitive slaves he said -
Thus you see that the foundations of the govern
ment are laid, and rest on the right Of property i
slaves. line whole structure must fall by disturb
ing the corner stone"
| These are grave, and solemn. and adrnonit1r
I words from high source. They state with cres
force the cearaess, importance and fundament;
character OF !hs provision, and the disastrous cor
| sequences which must follow from its violation
Yet, IN despite OF these solemn warnings. the cit
zen OF the South, seeking the recovery Of his fup
tive save instead Of receiving the aid provided "a
by the constitution, and which the learned u6res II
! ieTTed 70 nave endeayOTed to enforce is doomed
encounter resistance in every form which ngenuit
can devise from legislative acls-frorn iudges an
magistrates and. when these fail from nobs
whites and blacks, who, by force o. threats, rosc,
the fugitive slave from his rightful owner viii
he IS subjected TO Insult 10 tho hazard Of imprisol
meat, OF heavy Pecuniary loss and even Cliff i
sen. citizen Of Maryland Kennedy,
Hagerstowu--it is we'll known lost his liGs IN .