Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1849-02-14

the South had no cause to complain prior to the
year lSl9-a year, ii is to be feared, destined to
mark train ofevents. bringing with them many,
and great, and fatal disasters, the country and
its institutions. With it commenced the agita-
ting debate on the question of the admission of Mis-
souri, into the Union. We shall pass by for the
present this question: and others of the same kind,
directly growing cut of it, and shall proceed to
consider the effect of that spirit of discord, which
it reused mp between the two sections. 1t first
disclosed itself in the North, by hostility to that
portion of the Constitution which provides for the
delivering up of fugitive slaves In its progress
it led 10 the adoption of hostile acts, intended to
render it OF non effect. and with much success
that it may be regarded now as practically eX-
plunged from the Constiiulon.-How this has
been effected will be next explained.
After a careful examination, truth constrains us
to say, that il has been by clear and palpable
evasion of the Constitution. II is impossible for
any provision to be more free from ambiguity or
doubt 1t is in the following words: ''No per-
held to service labor in State, under the
law thereof escaping into another Safe, shall, in
consequence of any law or regulation therein, be
discharged from such service OF 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 equvocal~ word
in the whole provision. What shall not be
done, and what shall be done, are fully and
plcity set forth. The former provides that the
fugitive slave shall not be discharged from his
servitude by any law regulation Of the State
wherein he is tuund-and the latter, that he shall
be delivered up on claim of his owner
We do not deem it necessary to undertake to
rcfute the sophstry and sub,erluges by which so
plain provision of the Constitution has been
evaded, and, in effect annulled. 1t constitutes an
essential part of the constitutional compact, and Of
course of the supreme law OF the iand.-As such,
il is binding ON all the Federal and State govern
men,s, the States and the individuals composing
them. The sacred obligation of compact, aud the
Solemn Injunction ut The supreme law, which legis-
laors and Judges, both Federal and State, are
bound hy oath 10 support, all unite to enforce its
fultllment, according TO its plain meaning and
true intent. What that meaning and intent are,
there was no diversity OF opinion III the beierdays
Of the republic, prior to 1919. Congress, State
Legislatures, State and Federal Judges and magis-
traleS, and people, all spontaneously placed the
same Interpretation on it. During that period
none nerposed imredments in the way OF the
owner, seeking TO recover his fugitive slave-nor
did any deny his right to have every proper tacili-
~ to enforce his claim to have him delivered up.
Ii was then nearly as easy 10 recover found
In Northern Stale, as one found in neighboring
Southern State. But this has passed away, and
the provision is detuRct, except In perhaps in two
Siaies.@
When we take into consideration, the impor-
lance and c!earness Of this provision, The evasion
garded as one of the most fatal blows ever receiv-
ed by the South and the Union. This cannot be
more cUnciSely and correctly stated than it has
been by two of the learned Judges of lite Supreme
Court of the United States. In one of the decis-
ions Judge Story said :-' Historically it is well
known that the object of this clause was to Sc
cure to the citizens of the slaveholding States the
complete right and title OF ownership in their
slaves, property, in every State of The Union,
into which they might escape from the State
wherein they were he'd in seIvtude." The full
recognition OF this right aud tile of ownership
was indispensable to the security of this species of
property in all the saveholding States, and, in
deed, was vital to the preservation of their in
terests and institutions that it cannot be doubted
that 1t constituted fundamental article, without
the adoption of which the Union would not have
been formed Its truedesign was to guard against
the doctrines and principles prevalent in the nom
slaveholding States, by preventing them from III
termeddling WITH or restricting, or abolishlng the
rights of the owners of slaves"
Again. "Ihe clause was, therefore, of the last
Importance to the safety and security of the South
ern States, and could not be surrendered by them
without endaDgerlng their whole property in
slaves. The clause accordingly adopted in
the Constitution by the unanimous consent of the
trainers OF t-a proof at once of lis intrinsic and
practical necessity"
Again. "Ihe clause manies1y contemplaes
tAStetlCG VI poSIliNe IiEnL on lEe
part of the owner of slave, which State law
or regulation can in any way regulate, control,
qualify, or restrain"
The opinion of other learned Judges was notices.
emphatic to the importance of this provision
and the unquesilonabe right of the South under it,
Judge Baldwin. in charging the Jury said 4 elf
there are any rights OF property which can be en-
forced 1t one citizen have any rights Of property
which are inviolable under the protection of the
lave ,,fi ba Stata and Iii.
those which have been set at noughi by some OF
these defendants. As the owner of property, which
he had perfect right 10 possess, protect, and take
away-as citizen of a sister State entitled TO all
the privileges and inmunities of citizens Of any
other State-Mr. johnson stands before you on
ground which the government itself is based. If
the defendants can he justified, have no longer
law OF government" Again, afer referring more
particularly to the provision for delivering up fug
tive slaves, he said: "Thus you see, that the
foundations of the government laid, and rest on
the right of properly in slaves. The whole sruc-
ture must fall by disturbing the corner stone.'
These arc grave, and solemn, and admoniiory
words, from high source. They confirm all for
which the South has ever cOntended as to
the clearness, inporiaDceand fundamental charac-
ter OF his provision, and the disastrous consequen
ces which would inevitably follow from lis viola
ton. But in spite of these solemn warnings, the
violation then commenced, and which they were
'n'enued 10 rebuke, has been fully and perfectly
conSu'nmaied The citizens Of the South, in their
attenpt to recover their slaves, now meet, instead
OF aid and cooperation, resistance in every form;
resistance from hostile acis Of legislation intended
20 Oaliie and defeat their claims by all sorts of de-
vices, and by interpreting every description Of in
pediment-reSisance from Judges and magistrates
and tlaaIly, when all these fail, from nobs,
composed ofwhitcs and blacks. which by threats
or ioTce rescue the fugitive slave from the posses
sion OF his nghIful owner. The attempt to re-
cover slave, IN most of the northern States, can