Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1850-03-12


: TO Che, owner Of fugitive slave the same right
! 10 Ieca pture his slave i'll the State TO which he
had e::a ped or fled that lie had in the State from
: aGic. lie escareh. And any law or regulation
of an> Stale whic!. in any way Interrupts tiu1ils
deiay: or pos poues tliis right, Is vio!dtl0eoi
/ ,i.is Constitutional guarantee; and any conduct
an lie. part of The citizens Of any State, which
: has sch an effect, j. reprctenslhIe i'll the eX-
re,:Ie - vo,at Of the supreme law ofthe aud,
{ and s's3uld BE- punished i'll the most exemplary
!. manner SUCH is the compact, the solemn stlp'
i.lafi":i which you made with Us. And now
ask. low has it been kept your part? 4es,
l;al: Inus h the members U your several State Lee
..iSIat"res, and all your Executive and Judicial
r.tlicrrs have each vi tlTcm sworn TO support thls
I Cuust .ulion, aud, by tsking that -oath, have
s.yryr 20 abide by tili8 compact, and to maintain
ii in .n! force, hcw has it been kept? Fur
many ,rars it was construed by your people ac'
turdity TO its true intention and design; and d
slave r,ca ping into non-savchUidng State
gould Ii perSued, and, in general, as easily ap
prchcEJcd there as in Tie State from which lie
bed Hu; fer many years past It's obligation has
been nj nnst entirely disrPgarded: aud in some
- the States every obstacle is thrown III The way
IF the .ncr who goes into such States 10 avail
him,c.t oF a ght secured 10 him by The C"nsli-
t'itu. Your pc ople intcrpUst every difficulty i'll
Dur way, they cast every insult upon US, and,
gicnr,c:r it is necessary TO insure the escape oi
{. slave Ihey do not hesitate 10 resort tU any de-
4rec u! viuence-a violence sometimes amount
rnu 10 !~rnrder, in the case Of Kennedy, OF Md
So great, indeed, is the WIDEN e 10 whiC II We are
sIi.lculc;I thai know that + ON my own dis
ts.ct Il!;!s of pursuing his slave into Pennsy!vn'
a--.ir3t being the State i'll which tic runaway
slaves fCii.n my portion of Virginia are harbored
and cors:eaIcd-unlcss he goes armed, prepared
,e. sell L:rs lie as dearly lie may; and always
ia apprehension lest death may be the conse-
quclIce .f his e:lnrt to recover a property, which
l., his tiy the laws Of his own State his by this
p:0vsiuh of tie Federal Constitution. Do you
say that you that you cannot guard against these
ats o! pioience-that they are sudden-the acts
q nlobs YOU cannot control? In reply, say your
law invites this violence and these m"bs. For if,
l.. the ai!umpt 10 recover his slave, 'any tumult
asiers. TIC owner is made responsible Tor it; and
umult is therefore always rcsUrtcd tot being
the vcrY mode for escape pointed out by your
laws Again, your law makes it highly penal IN
ary onesr or citizen in any way TO aid the cIaI'n-
auI. IN the recovery of his property. You fur
Tier deny him the privilege of securing his pro-
perry in ny building belonging to The State, or
ii any town, city, person tEerein." And you
Duitirh 'fy heavy fine or long Imprisonment, any
ma aistr.te who dares TO comply with The duties
as.irncL him by the Act of Congress OF 1888
i nd rrw can the North, willcn las derived SO
rilu>h benefit and has grown so great under this
trt;nra! Constitution, feel surprised that we call
unuII her by the faith she pledged 10 US i'll that
str,cd Instrument, and by the obligations she
ifsz.prhy assumed, stand BY this provision made
/ lur i.nupNt VT can sue De uTpTloEu iHdt
he T .irn:r,; uf tie high obligations under Which
sp, 'brHuHhr herself by accepting this Cons'itu-
ti,at,: has gwen rise TO appUnnent and 10 much
ar!cry Icrling on part? Is she TO receive all
Tie advantages of union, and yet not be held
Guuud by this most solemn s'IpuiatinIi-a supu-
la;ion distinct, that no pretoXt can cover lis
evasion
I..k. then, not by way Of favor, but as a mat
Ter uG ric!! that our northern States do award Il"
us in .pile OF all real or assumed prejudice
against s.s and our institutions, precisely that
uea su:t. 4t Justice which the Constitution ia
ipnd.d Lei them, in This matter, act up 10 lis
true ut, pt nd meaning. We ask no hing mose
sIrch i:as been our deviation IL The Union, thai
va Eaye lurnc with patience that surprises our
selves VIXEN we think OF it, the many serious
evils Unlisted upon US by your studied denial OF
lI;; our constitutional ri gh. And such is still
uuy desire to maiIitain tie Union, that we are
even nos willing to forget and 10 forgive the past,
in consideration of justice heT' after.
Hut ri:.s.e s another question as important TO
MS .oE the South as that have just discussed,
SCARCELY Ass injurious to her present interests
aud, # p,sssibie, far mosc alarming as to It's tn
rul., effects upon our welfare; and that is, your
ASSUMING he right tot this Government to exclude
slavery irrm the Territories U the United States.
These Territories are the common property OF
The States, acquired hy the joint blood and treas
urG Of ali through the agency OF this Govern
melt ieipg thus acquired, Ihey are the proper
/ |
the propecty OF Virginia, as much as OF New
! Nugk or Massachusetts aud are only the proper
Iy ct the United States, because the properly OF
| Virginia aad OF each of her sister States. And
vet yy vui:r clamOruns threats 10 exclude slavery
frotn thrr by law Of Congress, you have virtually
onrft,araicd them to yourselves. to the detTIment
! of an t!.. southern States and their Inhabitants.
Is his the t.eatment which we deserve from you,
.our ;artun,9 in this ConiedcraCy Is not this u
dis,+4ni,.,si iJn against the South as insulting TO
Ihcr.hnnu: ns il is injurious TO her interests! Is
il Tia; it,st division to which equals are entitled?
Is il wise or polite thus TO exclude us from all
participation in the fruits OF our joint efforts 2
| And doc not such course bold out 10 the
Siof,s tl,,s placed under the ban, the strongest
nossi;,3e nlciive to withhold from the Federal
lead all assistance in future wars, the possible
result of which may be the acquisition 0! terri
! tCry:?
Dit let ,ts leave these general, yet unanswera-
blc, appcgls TO justice aud right, aud examine
| whether yuri have the power thus 10 egsIate.-
'rhc: powcts granted to this Federal Government
are t,Yg in number, and limited in extent; and all
| mowers nOt delegatedto TO the United States by the
| Constitution; are reserved to the States resPec-
! lively; or II The people. And whenever "a qnes-
! ton arises concerning the constItutonaIify OF
| parI;rnlar power, the first question is, whether
| ihe rcwCr he expressed in the Constitution. II
| il be ihe question is decided. IT 1t Gc not eX-
pressed, l!3e next inquiry must be, whether it is
prOCtg!y an incident to express power, and me-
cessary 10 its execution. Ii be, it may be ex-
erci.:rd by Congress. Ifit be not, Congress can
! not exerc iS4:it.' This is the test given US by
| Mr. Madison, in his well known report OF 1893
1900, by hich to try the validity of all doubtful
4 powers ciai,ned for this Government; and have
quoted it's precise language, because, as au,horI
i ", il is as tnuch respected believe, by Demo,
!; Gratis. st the North as by those in the South:
i therefore Invoke my political brethren from that
i portpn Of cur country toapply this test given
/! Us BY Ms Madison, to the power to exclude
slavery fr9.n the Territories by law of Congress
i and Isntr@at them not 10 permit this question ot
Il slavery TO nc used as device 10 draw them into
/ CONSTRUCTIONS OF the Federal Constitution, which
i heredfter may prove fatal 10 all their reserved
4 rights Il Is wise from time to time to look back
Y 10 the old iandmarks, TO determine how far we
+ Z 10