Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-02-02

Stale, are bound by oath 10 support, all unite to
enforce is fu6ment, according 10 its plain mean
ing and true intent. What that meaning and IN
tent are, there was no diversity OF opinion IN The
better days oil the republic, prior TO 1919 Con-
gress, State Legislatures, STATE and iederai]uages
and magistrates, and people, all spontaneously
placed The same Interpretation on il. During
thai period none interposed impedimenls in the
way OF The owner seeking 10 recover his fugitive
slave: nor did any deny his right to have every
propef facility 10 enforce his claim 10 have him
delivered up. II was then nearly as easy 10 Ie-
cover one found in Northern Stale, as one
found in a neighboring Southern State. But this
has passed away, and the provision is deiunci,
except perhaps in TWO SlaIes..
| When we take into consideration The impor.
lance and cearness OF this provision, the evasion
by which it has been sci aside may fairly be re-
garded as one OF the most fatal blows ever re-
ceived by The Souih and the Union. This can
moi be more conciscly and correctly stated than
il has been by Two Of the learned Judges OF The
Supreme Court oil the Unied States. In one OF
| his dccision:t Judge StoIy said: Historically
it is well known that the object OF This clause was
To secure 10 The citizens Of the slayehoding States
| the complete right and title OF ownership in their
slaves as property, in every Stale OF the Union,
into which they might escape from me SIate
wherein they were held in servlude." Inc fui
| TtCOSuIiUu vi iulS llSuk duu WV "hS
| Bile 10 The security Of This species OF properly 10
all the saveholdug States, and indeed, was sn Vi
tal 10 the preservation of their interests and in
siu,ions lha; il cannot be doubted that II cons,i-
| tuled tunda mental article, without the adoption
of which The Union would not have been formed.
Its true design was 10 guard against The doctrines
! and principles prevalent in the non-slayeholdng
States, by preventing Them from inlermedding
with, or restricting, or aboishiag hs rights of the
| owners of slaves"
Again. "The clause was therefore OF the last
importance to the safety and security Of the south
ern States, and could not be surrendered by ihen
without endaneering their whole properly in
slaves. The clause was accordingly adopted in
the constitution by the unanimous consent OF the
trainers OF it-a proof al once OF lis intrinsic and
practical necessity"
Again: "The clause maniestly con,emplates
| the existence Of positive unqualified right on
the part Of the owner OF The slave, which no State
law or regulation can in any way regulate, con-
troll qualify or restrain"
| The opinion of the ether learned judges was
not less emphatic as 10 The Importance Of his
| provision and the unQueslionable right of the
South under it, Judge Baldwin, in charging The
Jury, said: !, "lf there are any rights OF properly
| which can be enforced; il one citizen have any
| rights of properly which arc inviolable under The
protection of the supreme law OF the State, and
| The Unicn they are those which have been sci al
! noueht by some oil these defendants. As the
owner CT property, which he had perfect right
10 possess, protect, and lake away-as citizen
OF sister Stale, entitled 10 all the privileges and
immunities of citizens OF any other Slales, Mr..
| Johnson stands before you on ground which can
NOT be taken from under hint is The same
ground on which The government itself is based.
| If the defendants can be justified, we have no
longer law or government" Again, after refer
ring more particularly 10 The provision for deli
vering up fugitive slaves, he said: THUS You
| see, that the foundations oil The government are
| laid and rest on the right OF properly in slaves
| The whole structure must tall by disturbing the
cornerstone"
These are grave, and solemn, and admoni,ory
words from high source. They confirm all for
which the Souh has ever commended as TO The
clearuess, importance, and fundamental character
OF this provision, and The disastrous consequent
ces which would inevitably follow from its viola
-;-i.,:cn rned. nrd r,hInh no" -~;a
intended 10 rebuke, has been fully and perfectly
cousummated. The citizens OF the South, in their
auempt to recover their slaves, now meet, instead
OF aid and cooperation, resistance n every form;
resistance from hostile acts OF legislation, nen-
del 10 battle and defeat their claims by all sorts
of devices, and by inlerposing every description
of NEUTRALITY-SUSPICIOUS. from judges and ma
gs,rates-and finally, when all these fail, from
mobs composed OF whites and blacks, which,
BY threats or force, rescue the fugitive slave from
The possession OF his righlful owner. The al
| tempt 10 recover slave, in most OF the northern
States. canuo, now be made without tie hazard
| of insult, heavy pecuniary loss, imprisonment,
and even of life itself. Already has worthy
citizen OF MarylandI lost his life in making an
attempt 10 enforce his claim 10 fugitive slave
under this provision.
| But a provision OF the Constitution may be
violated indirectly as well as directly, by doing
an act in lis nature inconsistent with that which
is enioined to be done. Of this form Of violation
there is striking instance connected with the
| provision under consideration. We allude to Sc
crer combinations which are believed 10 exist IN
| many of the Northern States, whose object IS 10
eutce, decoy, enlrap, inveigle, and seduce slaves
to escape from their owners, and TO pass lhei Sc
cretiy and rapidly, by means organized Tor Inc
purpose, into Canada, where they will DC beyond
the reach of the provision. That 10 en'ice a
slave, BY whatever auifce, TO abscond from ms
owner into non-slave- holdiog State, with the
intention to place him beyond The reach OF the
provision or prevent his recovery, by conceal,
mem. or Otherwise, is as completely repngnant &c
il as its open violation would be, is too clear Il
admi, Of doubt or 10 require illustration. And
vet. as repugnant as these combinations are Il
the true intent oil the provision, il is believed
that. with the above exception, not one oil Inc
States within whose limits they exist has adunleC
any measure TO suppress them, or 10 punish those
by whose agency the object for which ihey were
! formed is carried into execution On The contra
fy, they have looked on and witnessed with lnd'I
terence, il not with secret appreciation, srea
number of slaves eniced from their owners ant
placed beyond The possibility OF recovery, to INT
great annoyance and heavy pecuhiary loss
the bordering Southern States.
When we take into consideration the great i'm
porlance of this provision, the absence OF all un
certainty as TO its true meaning and intent, INT
many guards by which il is surrounded 10 pro
tect and enforce il. and then reflect how complete
" the object for which il was inserted IN thu
:. Constitution is defeated by these two-iod intfac
lions, we doubt, taking all together, whether
more fragrant breach OF faith is TO be found OF
| record. We know The language we have used i.
strong, but il is not less true Than strong.
There remains 10 be noticed another class Of
aggressive acts of kindred character, bu
which, instead Of striking at an express and spc
cifc provision Of the Constitution, aims directly
at DESTROYING the relation between the two race
at the South by means subversive in their ten
dency of one Of the ends for which the Consti
tuition was established. We refer to the syste
matte agitation Of the question By the Abolition
sts which, commencing about 1885, is still
continued in all possible forms Their avowec
intention is to bring about state of things thai
will force emancipation on the South. To unite
the North in fixed hostility to slavery in the
South. and to excite discomfort among the slave:
with their condition, are among the means EN-
ployed to effect it. With view to bring about
the former, every means are resorted to in or.
der to render the South, and the relation be
tween the two races there, odious and hateful
TO the North For this purpose societies anc
newspapers are everywhere established, deba
ting clubs opened, lecturers employed, pamph
lets and other publications, pictures and petit
lions TO Congr IS resoried to, and directed &c
that single point regardless Of truth or deceh
cy; while the circulation Of incendiary publica
tions in the South, The agitation of the subject o
| ahniit;nn in Cf.nrress and the emnloy mant O