Democratic banner. (Bowling Green, Pike County, Mo.) 1845-1852, 1850-03-25
.'UsrfzD VIZ srAsD-DIvrDED Ws FALL %

vital to the Preservation OF their domestic
interests and institutions, thst it cannot be
doubted that it is constituted fundamental
article, without the adoption Of which the
Union could not have heen formed. its
true design was to guard against the doc
trines and principles prevailing IN ihe non.
slaveholding States, by preventing them
from interme ddling with, or obstruction, of
sboli'hing the rights ofshs owners Of saves.
"The clause in the Constitution Of the
United States, relating to the fugs,ive from
labor, manifestly contempiates the existence
of positive, unqualified right on the part
Of the owner Of the slave, which no State
law or regulation can in any way qualify,
requisite, control, or restrain.
"The owner Of fugitive slave has the
same right TO seize, and to take him in q
State 10 which he has escaped; and il is
well known that this right to seize or ree-
spture is universally acknowledged 10 all
the slaveholding States. The court have
not the slightest hesitation in holding, that
under and In virtue of the Constitution, tl,e
owner Of the slave Is clothed with sutheri-
Ity in every State Of the Union to seize and
recspture his slave, wherever he can do it
without cay breach Of the peace, or illegal
violence.
-
"The right to seiz. and retake fugitive
slaves, and the duty to deliver them up, in
whatever State Of the Union they may be
found, is under the Constitution, recogniz.
ed a. IN absolute poritive right ssd the du-
ty, pervading the whole Union with an g.
quail and supreme force; uncontrolled and
uncontrollable by State sovereignty or
State legislation. The right and duty ere
and uniform in remedy and
operation throughout the whole Union
The owner has the same security and the
same remedial justice, and the same ex-
emption from State regulations and control
through however many States he may psss
with The fugitive slave in his possession, IN
transitU, to his domicil."
Here the Supreme Court emphsticslly
declsre that this clause IN the Constitution
manifestly contemplstes the existencs Of .
positive, unqualified right on the part Of
the owner Of slave, which no State Law
or regulation can control, and without
the Uniou could not have been formed; and,
further, that the right to seize and retake
fugative slaves, IN whatever State Of the
Union they may be found, is an absolute,
positive right. But We are not left simply
with this constitutional provision, for Con-
gress. in 1893, passed an oct designed 70
put the provision into practical operption.
the lest two sections Of which are as fol-.
lows:
"Szc. 3. find Be Il slso enacted, That when q
person held to labor in any of the United States,
or in either of the Territories on the northwest,
or south Of the river Ohio, under the laws there
of shall escape into any cher Of the said States
Ior Territories, the person to whom such labor or
service may be DUE his agent or attorney Is here.
by empowered to seize or arrest such fugitive
from labor, and TO take him or her before any
Judge ofthe circuit or distric: courts OF the Uni.
ted States, residing or being within the State, or
before any magistrate Of county, city, or town
corporate, wherein such seizure or arrest shall
be made, and upon proof to the satisfaction Of
such judge or magistrate, either by oral testimo-
ny or affidavit taken before and certified BY .
magistrate Of any such State or Territory, that
the person so seized or arrested, doth, under the
laws Of the State or Territory from which she
claiming him or her, it shall be the duty Of the
Judge or magistrate to give certificate thereof
10 such claimant, his agent or attorney. which
shall be sufficient warrant for removing the said
fugitive from labor, to the State or Territory
from which he or she fled. a..s b.. -..I
'SEc. 4. And be it further ena.ted, That any
person who shall knowingly and willingly OBJ
Etruct and hinder such claimant, his agent OF at.
iorney, in so seizing or arres,ing such fugitive
from labor, or shall rescue such fugitive from
suck claimant, his agent or attorney, when 50 az.
rested, pursuant to the authority herein given or
declared. or shall harbor or conceal such person
after notice that he or she was fugitive from Ia.
Dor as aforesaid, shall. for either Of the said Of
fences, forfeit and pay the sum Of Ave hundred
dollars. Which penalty may be recovered by
and for the benefit Of such claimant, by action ol
ldebt, in any court proper TO try the sane, saw
ling, moreover, TO tie person claiming such Ia
Dor or service, his right Of action for or on sc-
count Of the said injuries or either Of them"
Now, sir, how have the nop-slsyeholding states
treated tlpss provisions; astesd Of carrying then
out In good faith, they threw obstacles In th'
lwsy Of tieiS enforcement, BY infaming the pub
10 mind sgainst the institution Of slavery. The,
sre dead letters upon your statnse book, and nsv
Ter have been, md nsssy esn Be- of sny Issetiss