Weekly national intelligencer., 1850-02-09

secured by this constitutional instrument and ada
.e 70 all VINO are bound by the constitution Of
bound 70 take an oath support the constj o. INC
.ed oa'es All State officers are requi ~ 'n \.
20 .ake an oath to support the Suuon q ne
TO is laws are bound TO the execution OF those laws,
whether they devaive do not say that
private individual bound make the Of his State in
order assist Of slave his property but
do say if he present when the Of slave about
assert his rights and endeavor to obtain possession OF bis
property every present. whether he be officer OF the
General Government the State Government or private
bound 10 assist men bound at all TO as
ss in the execution Of the laws Of their country Now
what is this provision II is that such fugtives shall be de-
vered up on claim the party to whom such service or
be DUE As has been already remarked in the course OF
the debate upon the bill upon this subject which is now pend
ing the language used in regard ngves from criminal
offences and fugves from labor is precisely the The
from justice be delivered up and to be removed
to the State having Jurisdiction the fugitive from labor Is
De delivered up claim Of the party to whom such service
is DUE WE'LL has been conended the part Of any
State that she is not bound to surrender fugitive from justice
upon demand Of the State from which he fled believe not
There have been exceptions the performance Of his
duty but they have not denied the they
have refused any instance to give the person
has been upon technical legal ground not at all
questioning the general right have the fugitive surrendered
or the obligation to deliver him up intended by the con-
situton
think, them Mr. President, that with regard the true
Interpretation Of this provision of the constitution there can
be doubt II imposes obligation upon all the States
free or savehodng imposes an obligation upon all ohces
Of Government State Federal; and will add, upon sl
the people the United Sas under particular circumstances
to assist in the surrender and Of fugitive slave from
his masfer. fsNs
4 Tkeshss leera soma noausion, and ahink ssns mis-
concepen this subject in consequences Of dec
sion Of the Supreme Court of the United States think
that decision hss been entirely Inexperienced There is
vast difference between imposing mpedments and aording
facilities for the recovery Of fugitive slaves. The Supreme
Court Of the United States has only decided that all laws Of
impediment unconstitutional. know there some
general expressions in the opinion to which have REFEREED
the Of Maryland against Pennsyvaniahat seem to inn
port otherwise; but think, when you atenvely to
read the whole opinion and the opinion by all the
Judges especially il you take the trouble OF doing whatI
have done to with them to what their real mean
ing was you will find that the whole extent of the authority
which they intended to establish was that any laws Of inn
pedment enacted by the States laws that forbid
den by the provision Of the constitution to which refers that
the General Government had right by act of the Con-
gress of the United States impose obligations upon State
officers not imposed by the authority of their own constitution
and laws is impossible the decision could have been other
wise. would have been perfectly extraudcal he court
had right decide the question whether the laws OF fac
ty not unconstitutional The only question
before the court the law of mpedment passed by the
Legislature Of Pennsyvan and if they had gone beyond
the before hem and undertaken to decide upon
not before them principle which not fairly compre
hended within the case before hem il would be what the
lawyers term obter dcum, and is not binding either on
that court itself any other tribunal say was not pos
sble that with the before the court Of law for giving
facility to the holder of the slave to his property again.
utterly impossible that any tribunal should pronounce
decision that such aid and assistance rendered by the auho
ry Of the State under this provision of the constitution Of
the United States unconstitutional and void. The court
has said they have said so they have transcend
ed their authority, and gone beyond the which be-
fore them Laws passed by Staies in order to assist the Ge
neral Government far from being laws repugnant to the
constitutions would every where be regarded laws carrying
out, enforcing, and fulfilling the constitutional duties which
created by that instrument.
Why, sir, well might be conended that if Congress
to declare war-and will doubt that the power
to declare war is vested exclusively in Congress State
has the right do ino will contend seriously appTe
bend, that after the declaration Of it would be unconst
tuonal the part Of any of the States to assist in the
gorous and effective prosecution Of that and yet would
be Just unconstitutional lend their aid the successful
and glorious termination Of the in which might be
embarked would be 70 assst in the performances of
high daily mhch addresses i 70 all the States and all tho
people OF all the States.
ton, beihning in the Northern States and extending
Of the Western States by which distractions and iped
ents have been thrown in the way of the recovery of fugitive
slaves unconstitutional and has originated in spirit which
trust will itself when those States calmly
consider the and extent Of their federal obligations
Of all the States in this Union, unless be Virginia the
State OF which resident suffers most by the escape Of
their slaves adjoining States have very little doubt in
Decd that the extent of loss to the State of Kentucky
sequence Of the escape Of her slaves is greater at least in
proportion the total number Of slaves which held within
that commonwealth, than in Virginia know full
well, and does the honorable Senator from Ohio know
that it is at the utmost hazard and insecurity to life ITSELF
that Kentuckan the river and 60 nto the interior
to take back his fugitive slave to the place from whence he
fed. Recently example occurred even in the city Of Gin
cnna in respect Of most respectable citizens
Not having visited Ohio ALL but Covngton the opposite
side Of the rlve little slave Of his escaped Cncin-
nail He pursued il he found it in the house in which it
concealed he took out and rescued by the yo-
ence and force of negro mob from his possession the police
city 10 af-
ford the assistance which requisite 10 enable him
cover his properly.
Upon this subject do think thO have Just and serious
Of complaint against the free States think they fail
in m filling great obligation, and the failure precisely upon
Of those subjects which in its the most irritating
and inAaming those who live in the slave States.
Now, sir think it is mark Of good neghborhood
Kindness OF courtesy, that vingin slave State
now, with any of safety travel in the free States
with his servants although he has purpose whatever Of
stopping there longer than short time And on this whole
subject sir how has the legislation Of the free States altered
for the within the Of the last twenty or thirty
years Why, sir most of those States, until within pc
od of the last twenty thirty years. had laws for the benefit
of soourne they Called passing through abiding
for the moment in the free States with their SIR
recolect that occurred during the war. My friend,
Mr.. Cheeves of South Carolina, instead of going home in
the vacation Philadelphia, taking bis family
with him. Some Of the abolitonss of that city took out
hobeas corpus seized the slaves and the question brought
before the Supreme Court Of the State Of Pennsylvana
where argued for days II necessary, during the
progress Of the arguments to refer great variety statutes
passed from time to time BY the Legislature of Pennsylvania
on behalf of the soourner guarantyng and securing him
the possession Of bis property during his temporary passage
or abode within the limits Of that commonwealth Finally
the court their opinion sameach Judge his separate
opinion, until Judge Breckenridge to deliver his,
who the youngest judge, think the bench During
the progress Of the delivery Of their opinions they had fire.
scourne and each Of the judges who preceded Mr. Brec
enrdge always pronounced the word sudgener" When