Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-14

by for the present this question, and others
Of the same kind, directly growing out oil
it, and shall proceed 10 consider the effects
Of that spirit of discord, which it roused up
between the two sections, IT first disclosed
itself in the North. by hostility 10 that pnr-
lion of the Constitution which provides lor
the delivering up of fugitive slaves. In its
progress it led TO the adoption Of hostile
acts. intended 10 render it of non-efiect.
and with so much success that it may he
regarded now as practically expdnged
from the Constitution. How Tins has been
effected will be next explained.
AGer a careful examination, trutn con.
strains us 10 say, that it has been by clear
and palpable invasion Of the Constitution,
Il is impossible for any provision to be
more free from ambiguity or doubt. 1t is
in the following words: mo person held
10 service, or labor in one Stale, under the
laws thereof, escaping into another Slate,
shall, in consequence of any law or regu-
lation therein, be discharged from such
service or labor, but shall be delivered up
on claim of the party 10 whom such service
or labor may be due" All is clear. There
is not an uncertain or equivocal word 10
be found in The whole provision. What
shall not be done, and what shall be done,
are fully and explicitly sci forth. The for.
mer provides that the fugitive slave shall
not be discharged from his servitude by
any law or regulation Of the Stale wherein
he is found; and the latter. that he shall
be delivered up on claim Of his owner.
We do not deem il necessary to under.
take to refute the sophistry and subterluses
by which 80 plain provision of the Con-
stitu,ion has been evaded, and, in effect,
anuulled. II constitutes an essential part
of The constitutional compact, and OF
course :he supreme law of the lard. AS
such il is binding on all the Federal and
State Governments, the States and the
individuals composing them. The sacred
obligation Of compact, and the solemn in
junction of the supreme law. which legis-
la,ors and judges, both Federal aud State,
are bound by oath TO support, all unite 10
enforce its ful6lment, according to its plain
meaning and true intent- What that
meaning and intent are, there was no d.
versity Of opinion about in the better days
of the Republic, prior to 1849. Congress,
State Legislatures, State and Federal
Judges and Magistrates, and People. all
aPautapeously placed The same interPreettta,. tt,
posed impediments in the way of the
owner seeking to recover his fugitive slave;
nor did any deny his right to have every
proper facility 10 enforce his claim TO have
him delivered up. 1t was then nearly as
easy 10 recover one found in Northern
State. as one found in neighboring South-
ern State. But this has passed away, and
the provision is defuuct, except perhaps III
two SIates.*
When we lake into consideration lbo
importance and cearness Of this provision,
the evasion by which it has been Sc, aside
may fairly he regarded as one Of the most
fatal blows ever received by the South
and The Union. This cannot be more con.
cisely and correctly stated, than ii has
been by TWO learned Judges Of the Su-
preme Court of the United States. ln
one OF his decisions Judge Story said
"HistoricaIly, it is we'll known that The
obIec, of this clause was to secure 10 the
cilizens> Of the slaveholding States the
complete right and title Of ownership IN
their slaves, as property. in every State oil
the Union. into which they might escape.
from The State wherein they were held in
servi,ude." "The full recognition Of this
right and title was indispensable TO the
security of This species Of property, in all
the slayeholding States. and, indeed, was
80 vital to he preservation of their interests
and institutions. that il cannot be doubted,
that it constituted a fundamental article,
without the adoption of which The Union
would not have been formed. lis true
design was to guard against the doctrines
and principles prevalent in the non. slave
holding States, by preventing them from
intermeddlug with, or restricting, or abol'
ishing, the rights Of the owners Of slaves" !"
Again: The clause was therefore of the
last importance 10 the safety and security
of the Southern States, and could no, be
surrendered 5y them without endangering
their whole property in slaves. The clause
was accordingly adopted in the Constitution
by the unanimous consen, of the trainers
Of ia proof at once Of its intrinsic and
practical necessity"
Again: "The clause manfestly con-
templates the existence of positive, un-
qualified right on the part Of the owner Of
the slave. which no State law or regula-
ton can in any way regulate, control,
qualify, or restrain"
The opinion of The other learned judges
was not less emphatic as 10 the importance
of this provision and the unquestionable
right Of the South under it. Judge Bald
win, in charging the jury, said + IF there
are any rights Of property which can he
enforced, If one citizen have any rights OF
property which are inviolable under the
projection of the supreme law Of the Stale,
and The Union. they are those which have
been set al nought by some of these de-
defendants. As the owner Of properly,
which he had perfect right TO possess
protect. and take away-os cllIzen OF
sister State, entitled to all the privilege:
and immunities of citizens of any olhe
States-Mr. Johnson stands before you or
ground which cannot be taken from under
Indiana and Illinois.