The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-30

SOUTHERN MEMBERS OF CONGRESS
TO THRIR
TUENTS.
We, whose names hereunto annexed, address you
In the discharge Of what believe to be duty
On ths most subject ever for your
two great sections of the Union, growing out ef diff
ference Of feeling and opinion In reference to the rsls
ton existing between the two the Eurcsean and
African, which nhsbit the soathern section and the
acts OF aggression and enorcsahmsnt to which it has
The conflict commenced not long after che scknov.
ledgment OF our indspendence, and has gradually iu
creased until 1t has srrayed the great the North
progress of this conflict aSgression has followed ag
erosion, snd encrosehment enoroaohment until they
have ..sS l point whsn regard for peace and
object Of this address Is to give you clear correct
but brief account Of the whole series of aggression
OF the dangers which they sxposs YOU Our object
in making It, Is not to excitement, bat to put
css necessary to full and Just conception of deep
seated disease which threatens great danger to you
and the whole body polite Weact the impression,
that In popular government like ours true oonoep-
ton Of the actual character and state Of disease
indispensable toiefecting cure.
We have made 1t joint address, because We be-
lieve that the magnitude Of the subject eQured
that should assume the most impressive and solemn
form.
Not to 60 further back, the difference or opinion
and feeling in referen to the relation between the
two races, disclosed itself in the convention that
framed the constitution, and consttuted Of the
greatest difficulties In forming 1t. After many efforts,
1t vas overcome by . compromise, which provided in
b. apporloned among the States according their
spective numbers and that, in ascerta ming the num-
Der Of esch five slaves shall be estimated three In
Il next that slaves escaping into States where slavery
does not exist shall not be discharged from tervtude,
but shall be delivered up claim Of the party to
whom their laber or service s due In the third place
thA inn rtat az
slaves before tho year 1905 but tax not exceeding
ten dollars may be imposed on each imported Aud
finally that nc capitation direct tax shall be laid,
but In propofti ton to federal numbers and that
amendment Of the constitution, prior to 1903,
shall Affect this provision, nor that relating to the i'm
So satisfactory these provisions that the second
relative to the delivering up Of fugitive slaves
adopted unanimously; and all the rest, except the
third relative to the Importation Of slaves until $685.
with almost equal uDanimty They recognise the
istence of slavery and make specific provision sorits
protection where it was supposed to be the most
posed. They 60 further, and incorporate It, i'm
pertant element In determining the relative weight Of
the several States In the government Of the Union,
and the respective burden they should bear in laying
capitaton and direct taxes we'll understood at
not have been adopted by the Southern States and of
course, that they constituted elements essential to
TSs o,e III
the constitution thereby pledging their faith In the
most solemn manner, sscrsdly to observe them. How
that faith has been Kept and that pledge redeemed we
With few exceptions, Of no great Importance, the
1915. year, it 10 to be feared, destined to marx
train Of events, bringing with them many, and great
and fatal dsssters ON the country and its
With 1t commenced tho agtatng debate on the quss.
ton Of the admission Of Missouri into the u MON.
We shal pass by, for the present. this question, and
and shall proceed to consider the effects Of that spirit
Of discord which reused between the two sections
i .:s d;sIossd itself IN the North BY hostility
delivering up Of fugitive slaves In Its progress 1t led
to the adoption Of hostile acts intended to render IL
regarded now % practically expunged from the con
stituton: How this has been effected, will be next
After careful examination, truth eonstrains us to
say that has been by clear and papsbe evasion Of
the constitution 1t impossible for provision to
lowing words No person held to vice, Or labor in
State under laws thereof escaping into another
therein be discharged from such service or labor but
shall be delivered up claim of the party to whom
such service labor may be due" An e clear There
10 not an uncertain equvocsl word to be nd in
the whole provision What shall not be DONE and what
shall be done, fully and explicitly set forth The
former provides that the fugitive shall be dis
charged from his tsrvitude BY any regulation 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 1t necessary to undertake to refuts
the sophisry and subterfuges BY which plain pro-
vision Of the constitution has been evsdsd, and in
constitutional compact and Of Of the supreme
law Of the land As SUCH 1t binding all the federal
and State the States and the individuals
Ct m posing them The sacred obligation Of compact
ana the solem injunction of the supreme law which
gslators and judges both federal and State bound
by oath to support all unite to enforce its fudlment
ding to its plain meaning and true intent What
that meaning and intent there diversity Of
opinion in the better days republic prior to 1872
Congress State legislatures State and federal judges
and magistrates and people, all spontaneously placed
the same Interpretation It. During that period
Ing to his fugitive slave did any deny his
right to have every proper facility to enforce his claim
to have him delivered up 1t W.: then Ds.,y ssy
found In neighboring southern State. But this has
passed away and the provision is defunc except per-
When We take into consideration the importance
and cesrness Of this provision tho evasion by which
It has been set aside may fairly be regarded as Of
the most fatal blows received by the South aud
the Union. This cannot be more concisely and COR
recty stated than it has been by two of the learned
one Of his dscisionst Judge Story said Historically,
1t Is we'll known that the object Of this clause was
to secure :. the citizens Of the .lavshodng States
slaves - property In every State Of the Union into
which they might from the State wherein they
were held In servitude" 1.-THE full recognition Of this
right and title the security this
species of propesty in all the savehoding States and
indeed was vital to the preservation Of their inte-
rests and MS that It cannot be doubed that
Il constituted fundamental article without the adop-
ton OF which the Union would not have BEEN Termed.
Its true design to guard against the doctrines nd
princip prevalent in the ssveholdng States by
preventing them from intermeddipg with restrict
Ing, OF aoonenlng the fighI OF the owners OF slaves
Again " The clauee was therefore Of the last i'm
porsnce to tho safety and security Of the Southern
States and could not be dered by without
spdapgerng their whole property in slaves The
clause accordingly adopted ia the constitution,
by the unanimous consent Of the trainers OF ta proof
at once Of its intrinsic and practical necessity"
Again; 81 he claus manifestly csntemplates the
itence of positive unqualified right on the part of
the owner Of the slave which no State Law regua-
ton in any way regulate control qualify, or re-
atrain.n
The opinion Of the other learned judge not less
emphatic to the Importance OF this provision, and
Baldwin, in charging the jury saii. If there are any
rights Of property which be enforcsdif one citi
sen have any rights of property which srs inviosabe
under the protection ofhe supreme law Of the State
and the Union, they those which have been set ct
nouebt by seine Of these defendants As the owner cf
property which he had perfect right to possess pro-
tect and take away-as otizsn Of sister State.
titled TO all the privileges mmu mites of citizens of
any other States Mr. johnson stands before you
Tia anne nround whaah