The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-03-09

discharged ifoE1 his servitUde by sBy law
or regulation Of the State wherein he 10
found and tho latter, that he shall DO de.
Inered up on claim OF bis owner.
We do not deem il necessary 10 under
take TO reiuIe the sophis,ry and subleftuses
by which so plain provision Of tho cous'l
,u'ion has been evnded, and, ia effect, on
nulled. II constitutes an essential part Of
the constitutional. compact, and Of course
Of the supreme Law OF the land. As such
II IS binding 90 all The Federal aud Sale
governments, the States and the individuals
composing them. The sacred obligaliop
Of compact, and the solemn Injunction oil
the supreme Law, which leslslaloss ead
jadses. both Federal and Slate. are bound
BY oa'h to support, all unite 10 enloics It's
~ Fl me 1T, according 10 its plain meaning
aud true intent. What that 0eaning aHd
latent are, there was AZ diversity Of cpiu
ION 20 he better days Of ths republic, PRIOR
10 1919. Congress, State Legislatures.
Stale aud Federal Jndges and magistrates,
and people, all spontaneously placed the
same Interpretation on il. During tina,
period none lnietpOsed lmpeJmen,s III tho
way OF the owner seeking to recover his
fugitive slave nor did any deny his right
10 have every proper facility 10 enloice his
claim TO have him delivered up. II was
then yearly as easy to recover enc found in
a Northern State, ms one found IN 8 nelga
bo,ny Southern State BIZ, this has passed
asar, and the provision 10 defoucl, sacsp,
perhaps ID Two SiAte,.'
When We take INTO consideration the
importance and ele,Tness ef his provlsion
The evasion by uhica u has keen set aaide
ney faulty be regarded rs one OF the most
fatal blows ever received by tho South and
the Ualon. This cannot be more concise
y ard correctly slnirJ Than il hss been By
t~o Of the le'tned judges of the Supremt
Court Of The United States. IN one ei hl,
dcclsIonst Judge Story said Historical
y Rvs well kussn that The object OF thu
clause was 10 secure to the cliizeus Of ID,
saysholdlug States the complete right anC
iiIle O. osGefship 10 theI- slaves. ss proper
~, 10 every State OF tho Union, INTO whIct
they nigh, Escape l,om the Sla'o ~hereiT
they wc'e held 10 sersi,ude." "Ihe ful
recognition Of this right and title wss adds
peasable 10 the security q this spseies o
property IN all the saycholdlng States. ant
indeed, was 50 vital 10 the preservation O
theH irtatsss and institutions, hat II eau
not be doubted that IL constituted iua1a
mcn'aI article. without the s5npilon 9
Which the niou voald gsi Lays beei
formed. lie true design was 10 guai,
against The doctrines and pnnc plies preva
len, 10 the non sveholding Slaies. by pre-
venting them from inlermedlag with. o.
restricting, or abolishlng the rights Of tb,
osner oi slaves
Again. he clause w2s therefore o
tue lssi importance 10 the safety aud socu
,iiy OF the Sou,hsra S,ases. aud coald 40
he surrendered by lkem without eadsagef
Ing their whole property Ia slaves. III,
clause was accordingly adopted in The con
silluiloa by tbs unanimous consent OF th'
trainers Of ia pIsof at once Of i,s ia rln
sic aad practical necessity.
Again. The siause nnnfesly cou
templates Tie extsteEce o. positive IN
qualified rshi on The paH Of the osper o
the slave, which no S ale law or regulation
can 10 aay way lsesIa,e, coarol, qualify
or restrain
The opnioa OF the other learned jIdges
VAS not less emphatic IS 10 the lmpoftas-e
OF tats Provapn mud the upques,Ioasb BID
night OF The Sau'h uudar Il. Judge Bald
win, IN charsjns the jury, sad i III
there are any rigais Of property @aleh can
be enforced II Que Gil I'm have any rights
OF property which are lnvtelasle under the
protection Of the supreme law Of The Stale.
aud The ulun ltoy are those which have
been set :; uousht by soAe Of these de
PENDANTS. Is the owner OF property, which
he had a perfect rgh, 10 possess, protect,
aud take sway--ss = citizen 81 q SISTER
State, entitled TO all the privileges and i'm.
wanilles Of ciizsus sf any other State
Mr.. johnson s'nuds before you on ground
~bich cannct be taken rem under hint
10 the same grouad en- which the govern.
men, i;selfis based. If the defendants can
be justified, we have no longer law or gov.
erumeul" Again, after referring more
particularly TO tho provision for delivering
up fugitive slaves. he md Thus you
see, that The foundations Of the government
are laid, aud rest on the right Of property
in slaves. The whole structure must fall
by disturbing the coruer.stons."
These are grave and solemn, and adnon.
itery words, from n high source. They
cou6fm all Tor which The South has ever
con,erdsd, as to ,hs clearnes., importance.
aud fundamental character Of this provision,
and the disastrous consequences which
would inevitably follow from lie violation.
Bu, IN spite 81 these solemn warnings, thu
violations which then commenced, and
which they were intended to febuke, has
been fully and perfectly consummaied. The
citizens OF the South, 10 their attempt TO
recover their slaves. nov meet, instead oil
aid and cooperation, resistance in every
form resistance from hostile acts of legs. /
lslion, intended TO bsfll, and defeat their
claims by all SORTS of devices, and by inter.
ansina everv deer ,in,inn of imna d,nc,,-