Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1850-11-14
Are Chuaren 90 FuEiuve slaves boru in \
Free 9annc Eject

the agitation Of the Fugitive Slave
question caused by the new law on
the subject. Reasoning from what
we, conceive correct premises, we
have supposed all such children free.
The Gin. Gazette has the following
article which is the first we have no.
ticed in the paper on this subject
1t shows satisfactorily that the
Courts, both North and South re-
gard all such children as free. The
Gazette saws:
The Fugitive law.
In the present excited state Of the
public mind, it becomes important to
know how far the laws for the rec
lamation of frgitives effect colored
children born in the free States. By
including such children in the esti-
mate Of fugitive slaves, the number
is very much increased. We think
it very clear that these children are
neither within the words Of the spir-
it Of the constitution, or the laws
made in pursuance thereof.
The Constitution declares that
"No person held to service or labor
in one State, according 10 the laws
thereof, escaping into another, shall,
in consequence ofany law or regula-
ton therein, be discharged from such
service or labor, but shall be deliver
ed up on claim of the party to whom
such service or labor is DUE"
The act of Congress, passed to give
effect to the above provision OF the
Constitution give summary remedy
to persons to whom service or la
Dor" is due, in cases where those ow-
ing such service or labor, sin any Of
the United States or either OF the
Territories" under "the laws there
Of, shall escape into any other Of the
said States or Territory" The per-
sons to be reclaimed under the laws
are described TO them substantially
in the words o! the Constitution, and
must on that account as we'll as on
general principles, be held to apply
to the persons therein described, and
to no other persons whatever. To
bring any person claimed as a fugi.
tive, within the provisions of the acts
of Congress, it must be shown that
he had been held to service or labor
in another jurisdiction, State or Ter
ritory, and had escaped from that
jurisdiction into the State or Terrific
ry where he is found and claimed
Now it is perfectly clear that no
person born in free State who has
never been in a Slave State, or have
escaped into any other State or Ter
ritory, and no such person can,
therefore, be taken from any juris-
fiction within which he is found, as a !
fugitive service, under the Constitu-
lion and laws of the United States.
We are aware that it is held in the |
Slave States that children born Of |
1 slave mother follow the condi- |
ion of the mother, but this as
does not establish a right
% pursue and reclaim, as a person
owing service in a state, accord
ng 10 its laws, and as having es-1
'dped from such service, any one
who has never been in the State, and
could not have escaped
rom it. All such persons may rest
'asy. They cannot be proceeded
lgainst under the acts of Congress
OF. 1t is clear TO our
mind, and we are confirmed in this
conviction by the decision Of the Su.
'reme Court Of Pennsylvania, and
he decision Of the Court of Appeals
n Virginia, that the child eUen of a
ldve mother born in free State is
rec, and must be ddjudged free by
rery State in the Union.
The following which we COPY
rom the Friend, a Pennsylvania pa 4.
er, sustains the views above ex-
ressed in every particular: a
The Constitution only provides for
ne recapture of those slaves, who
ave themselves escaped from one
tate into another. An individual
} be within its provisions must have f.
cen actually held to labor or service,
one State under the laws thereof. :.
nd must have fled from such service. p
| the case off child born in a free Ii
tate neither Of these facts can exist. ., .
has neither been subjected to CT
avery, nor has i: escaped. :,
As long ago as 1916, this doctrine .,
as established by the unanimous
Union of the Supreme court OF F
ennsylvania, that birth in that
ate gave freedom 10 the child OF :
e slave who had absconded. And a
is Interpretation OF the Conslitu-
m has been acquiesced in by Courts 1
the Slave States. In 1928 the 81
'urt ofAppeals in Virginia were L
animously OF the opinion that they
ere bound to give effect to the law "a "a