Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-02-08

NUMBERS; and tat IN asceralnng the number OF each,
hive slaves shall DE estimated as three;
That slaves. escaping into States where slavery does
exist. snail not be discharged from servude il
sequence Of any law regulation Of such State but shall
be delivered up claim otthe parry 10 whom their labor
or service is due;
8. That Congress shall not prohibit the importation
Of slaves before the year 1908, but Of dollars
may be imposed on each one imported
L. That expiration direct shall be laid in pro
portion federal numbers and
5. That no amendment Of the constitution which nav
be made prior to 1903. shall affect the last preceding pro
vision, that relating the importation of slaves.
81 satisfactory were these provisions 10 the trainers Of
he constitution that the second, relating The delivery
Of fugitive slaves, adopted unanimously, while The
rest except the third relative ID the importation Of
slaves, and 10 poung The time from 1900 1905 passed
with almost equal nnauinity and that was sustain
ed by the votes Of New Hampshire, Massachusetts, and
Cunneclicnt.
These provisions Of The Constitution affect the cNiS-
tence Of slavery in the Union which about be fur
med. and make a specific provision for its protection.
where 1t was supposed to be most exposed. They 90
further they recognise slavery an elementary princi
pie Of the Constitution regulating il tnencng the gov
eminent created by it in the two most important particu
lars Of representation and taxation. Whoever will
the The records NJ the proceedings oftha day will be per
tecy satisfied that tese provisions thus intend ed be
conservative Of the domestic institutions Of The South,
We're Indispensable to the adoption of the Constitution
hat without it This Uni could have existed The
debates Of the Convention show that this perfectly
understood by the representatives, from Tie non sEyehol-
ding States, and that with this understanding they rai
ed The Cunslituun.-The act If ratification was a 50,
,cmn pledge tJr themselves. and in behalf Of their CO
stilueuts oT observance Of these spuatious according
their letter and spirit How far that pledge has beeo
redeemed, is inquiry not to he answered by denunca
uon Vt The col duet II any poru Of cuuntrymen-
II i simple narrative d events which of1r ID vrur
n,dcaion, BY the perusal Of which our fellow citizens,
in whaiever portion Of The Union they may DWELL nay
eide for themselves the question Of lis observance OF Vi
oiiion.
For thirty years after The adoption Of The Constitution
these provisions far respected give
If complaint t'any body Pas ing for the pre-
SEM HE pretenons set iorh and the agalluis created
by the Missouri controversy. proceed consider the
provision In relation to fugitive slaves, lis operation
and The resistance which it has been doomed 10 encoun
ter
That provision i in lie following words The per
son held 70 service labor in State, underthe laws
Thereof. escaping into another State shall, quence
of any law relation therein, be discharged from such
service labor, but shall be delivered up on claim of The
person 10 whom such labor nay lie due. This
provision is clear There is not uncertain equivu-
cal word to be found in it.-What sh; II be and what
shall not he done fully and distinctly forth. Ii
provides that the fugitive slave shall not be discharged
from his srvitude. but shall be delivered up the claim
Of his owner This constitutes essential part of the
Constitutional cOmpac-ls part and parcel of the supreme
law Of the land As such, it is binding the Fenera
and State governments, the States, and all the in
dvldualS composing them. The sacred obligation Of
compact, and the solemn injunction OF the supreme law
which legislators and Judges, both Federal and State
bound by oath to support all unite enforce its fulfil
men according 10 lis plain meaning and its true intent
As to what that meaning and intent are, there
no diversity Of opinion in the earlier days Of he Re
public. Congress- the State legislatures, Federal and
State Judges and magistrates, all spontaneously placed the
posed impedmenls in the way of the MASTER seeking
his fugitive slave nor did and deny his right
have every proper facility for the enforcement Of his
claim TO have him delivered up. Ii then almost as
easy to recover one found in nonslaveholdng State
as found in a neghboring sIaveh1ding State
But this state Of things has passed away and al prac-
teal purposes, the provision may be said be almost de-
funct.-Now, when take into consideration the i'm
portance Of this provision and The cearness with which
it is expressed we submit to all those 10 whom ad-
dress ourselves in whatever portion of the Union they
may dwell that any evasion of it is alike injurious and
and unjnStltbe. This idea cannot be correctly,
conclscy and lmpessvey stated, than in the language
Of Two Of the Judges Of the Supreme Court. In the
Of Prigg the Commonwealth Of PENNSYLVANIA, Judge
Story said Historically it is well known that the OBJ
jet o ihs clause was TO secure to the citizens OF the
saveholdng States The complete right and tile of owner
ship in their slaves, property, in every State of the
Union into which they might escape from the State
wherein hey Were held in seviule. The full recogni-
ton Of this right ana title indispensable the
rly Of this species Of property in all the saveholding
States and indeed, vital to the preservation ol
their interest and institutions that ii cannot be doubted
that IL constituted fundamental article without the a
doption Of which the Union would have been formed.
lis true design was p guard against the doctrines aud
principles prevalent IN the SavehULlng States, by
preventing them from lnermeddlng with restricting,
or abIshng he rights Of the owners Of the slaves"
Again The clause was Therefore of the last in
porance TO the safety and security of The Southern
States and could be surrendered by them without
endangenI their whole properly il slaves. Tie clause
accordingly adopted il the Constitution BY the
nouS consent OF the trainers of ia proof It's
intrinsic and practical necessity
Again The clause manfellly contemplaes the ex-
lstnce OF positive unqualified right the part Of the
owner Of the slave, which the State law or regua-
ton can in any way regulate, control, qualify
train"
The opinion Of The other learned Judges was not less
emphatic To The imp rance of this provson and the
unquesonabe righ of the South under it, In the Of
johnson rs. Pumpkins and others, Judge Baldwin, in
arging the jury. said IF there are any rights Of
property which can be emf ,ed-if one citizen have
any rights property which nvioabe under the pro
lection of the Supreme Court of tie State and the I'm
ion, III, those which have been nought by
sumo of these Defendants As TIE owner Of property,
which he had perfect right to pss IS, protect and take
away-as citizen Of a sister State entitled TO all the
privileges and lmmunes Of citizens Of any other State,
Mr. Johnson stands before you ground hch cannot
be taken from under hint is the same ground on
which the Government itself is based Ii the defendants
be justified, have longer law government
Again After referring particularly to the provision
for delivering up fugitive slaves, he said Thus you
the foundations Of the Government laid and
har ,fD