New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-01
The Fugitive Slave Laws of 1893 and 1850
Considered.


Considered.
To the Editor Of The Tribune;
There is evidently much excitement in different
parts of the country, in consequence of the pas
sage of the Fugitive Slave Law at the late Ses-
sion of Congress- and good citizens are anxious
to know their duty in relation to it and their obi
cations to obey this most remarkable law 1t rs
pretended by its trainers TO be based upon pro-
vision of the Constitution. The correct view OF
the question requires some observance OF the state
of affairs at the time of its adoption and the rea
sons for it, as stated in its preamble, are To
form more perfect union, TO promote domestic
tranquility and to secure the blessings OF Lib
erty," &c 1t does not appear that the escaping
OF Fugitves from labor was moving cause in its
adoption, for under the articles of Confederation
there was no provisions for the return of such Fu
gitvcs and it was ste years after its adoption, be-
fore any law was passed by Congress to provide
Tor their being delivered up.
The want of National Government for security
at home and abroad, was the moving cause for a
more perfect Union, and as such Government
would be the supreme law of the land the ques
lions most important to be settled were those re-
lating to taxation, representation and the prohlbi
ton of the Foreign Slave Trade,
Those subjects would effect different sections
more or less favoraby, according to the rule adopt
ed to regulate the same Consequently, what
ever there was Of Compromise, related to these
and gave character to questions more incidental in
their nature, and the Convention decided that
to consider Slaves as property, 10 be taxed to
carry on The Government, without representation
was throwing the political power into the hands
OF the Northern States. To consider them as
men entitled to representation, while they were
ekdfhtS III law, was obnoxious to large majority
oil the Convention, and the Compromise was,
while they remained in that condition, to call
them persons entitled to the consideration in the
Federal ratio Of free citizens, three is to five
Tor their number not considering them as proper
ty, fer property could not be represented with any
prupriety
,This being the Interpretation, and undoubtedly
the true one, the clause providing Tor the delivery
ctfugitves from labor must partaka OF like inter
probation, aud therefore be applicable TO all classes
Of persons held to service.
The claim upon the fugitive is for his service
and not for him chattel TO be sold, II such IS
the purpose OF the claimant, and the right to such
service becomes subject oflegal inquiry.
The chattel principle, not being recognised by
the Constitution, II it exists at ALL it is one OF the
Teserv ed rights OF the States, which they only can
maintain.
BY this it appears that this requirement of the
Constitution upon as citizens of Free State,
is 10 pass no law To prevent the delivery up OF
persons held 10 service labor if they are held
by she laws OF the States from which they have
escaped. Here the question arises, who shall de-
eide the right or title tn service. The Cousttu-
ton declares that questions 0t this kind shall be
decided by the Judiciary III accordance With due
process OF law"
These words have some meaning, and what is