The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-02-22

NuotuoI no OC III bilgtH VI Auc NcAoAHA 0oNCtd-I
ment or Of the State Government or private in.
lvidual, is bound to assist, il men are bound at
all to assist in the execution Of the laws of their
Now what is this provisionf II is that
such fugtives shall be delivered up on claim OF
the party tn whom such service or labor may be /
due As has been already remarked, in the
course of the debate upon the bill upon this sub
iect which Is now pending, the language used in
regard to fugitves from criminal offences aud tu-
gitives from labor is precisely the same. The fu'
gitive from Justice is to be delivered up and to
be removed to the State having jurisdictoni the
fugitive from labor is To be delivered up on claim
Of the party to whom such service is due. Well,
has It ever been contended on the part OF any |
State that she is not bound to surrender fugitive
from Justice upon demand of the State from which
he hsdi believe not. There have been some
exceptions to the performance Of this duty, but
they have not denied the general right and il they
have refused in any instance to give up the per-
son demanded, it has been upon some technical
or legal ground not at all questioning the general
right to have the fugitive surrendered Of the OBJ
legation to deliver him up as intended by the con-
stitution.
think. then. Mr. President. that with regard
to the true Interpretation OF this prov sion of the
constitution there can be no doubt 1t imposes
an obligation upon all the States, free or slave
holding; il imposes an obligation upon all officers
Of Government, State or Federa and, | will add,
npon all ofthe people of e'United States. under
particular circumstances, to assist in the surren-
der aud recovery Of fugitive from hi master.
There has been some confusion and | think,
some mIsconcepton on this subject, in conse-
quence of recent decision the supreme Court
Of the United States. think that decision has
been entirely misapprehended. There is "a vast
difference between imposing impednents and
afording facilities for the recovery OF fugitive
slaves. The Supreme Court of the United Suites
has only decided that all laws Of impediment are
unconstitutional Iknow there are some gener-
al expressions in the opinion to which have re-
ferred-the case OF Maryland against Pennsylva'
nia-that seem to import otherwise but think,
when you come attentivey to read the whole
opinion, and the opininn pronounced by all the
Judges. especially II you take the trouble ut doing
what have done, to converse with them as u
what their real meaning was. you will find that
tile whole extent OF the authority which they ill.,
tended to establish was, that any laws Of impe-
ilment enacted by the States were laws that were
forbidden by the provision OF the constitution tn
which reer; that the General Government had
| no rlSht' by an act OF Congress oil the United
| States, to impose obligations upon State officers
not imposed oy the authority OF their own con
| st'tutoh ana laws IL Is Impossible the decision
could nave Oeen otherwise. II would have been
| Pe'!ectJ eAuYuulclal lne court had no rlgn'
70 decide the question whether the laws oi laclll'
" We're or were NOT unconstitutional. The only
question before The court was the law OF impedi
ment pnssed oy tile Legislature OF Pennsylvanlal
ahu u they had gone beyond the case before
them ana undertaken TO decide upon case mol
oeiore tnein' or prihciple whoh was not tth'rly
oomPrehended wlth'h the case before them II
Wouiu Dc wnat the lawyers term ah oO'ter d'ctsm
anu Is hnI olhuinS either OH that court lisel, OF
any other tribunal say II was noi Posso'e tliat
with tile case before tue court OF law LOT giving
iac'llly 10 the hoiuer oi tne save " 'e0ose, "''
properly again. IL was utterly lmpossio'e that any
tribunal should pronounce a decision that sucn
alu ana assistance rendered by the authority o
ine STATE under THIS provision OF the constitution
oi the United States, is unconstitutional and void
Inc court has not sald so, or they have
So' they trahscended their authority and gone
beyond the case which was before them. Laws
passed oy states III order to assist the GENERA
government so Tar from being laws repugnan
to the constitution, would every where be regard
ed as laws carrying ont. enforcing and fulfilling
the constitutional duties which are created by
lhnt instrument
Why sir. as we'll might il be contended tha
u Congress were To declare war-and no one viii
doubt That the power to declare war is vested ex
cIuslveiy III Congress no State has the right Il
do n-no one will contend seriously, appre
hend. that alter the declaration OF war it w0ult
be unconstitutional on the part ofany OF the State
to assist IN the vigorous and effective prosecution
OF that war: and yet 1t would be Just az uucon
slitutonal to lend their aid to the successful AM
! glorious termination of the war in which W
might be embarked, as it would be to assist in tin
performance of high duty which addresses i
self to all the States aud all the people OF all th
States.
Mr.. President, I do think that the whole clas
OF legislation. beginning in the Northern State
and extending to some of the Western State,
by which distractions and inpediments hav
been thrown in the way OF the recovery OF fug
! tive slaves, is unconstitutional, and has original
ed in spirit which trust will collect Itself whe
those States come calmly to consider the natur
and extent of their federal obligations. OF a
the States in this Union unless it be Virginia, th
State of which am a resident suffers most b
) the escape Of their slaves to adjoining States.
have very little doubt indeed, that the extent {
loss to the State of Kentucky, in consequence
the escape OF her slaves, is greater at least
proportion to the total number of slaves whic
. are held within that commonwealth even tina
: in Virginia know full we'll and so does nh
honorable Senator from Ohio know, that it is
= the utmost hazard. and insecurity to life itsel
that Kentuckan can cross the river and 90 int
the interior to take buck his fugitive slave to tn
4 place from whence he fed Recently an exampl
occurred even in the city of Cincinnati in respe,
, to one of our most respectable citizens. NJ
t having visited Ohio at all. but Covngton, on III
opposite side of the river. little slave of his e
capped over to Cincinnati. He pursued il; h
I found it in the house in which il was conceale,
/ he took it ont. and was rescued by the vioIenc
7 and force of negro mob from his possession .tt
police of the city standing by. and either unwil