The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-07
constantly prang about the Declaration Of Independence
aud the rauallX OF man III n. 49, -

any relief or shelter any sbscondng way
shall ab,en, himself his her owner. master mis-
ess, residing in Other State co.mtry. but such
owner nasier mistress shall have like right and aid 70
dem and ella I'M aud lake away his slave as ne
m'gAf haze Aad i. case iAis ACT had ~ei been made"
Il Smt - Laws, s9o)
This subject, and is broad declaration OF the law as II
understood at the period OF the revolution l. was
not to affirm anything contained IN any OF the articles Of
confederation The articles OF confederation, adopted SIN
July, TITS, (acle 4, section % contain provision red-
i've TO the delivering up OF usltlves from justice Out
make no provision for the delivery OF tugves from la
Dor The clause, therefore, Of the llh section OF the
act OF assembly OF LIST March, l7S0, which provides the
like remedy for the in claiming his slave or
want as ne might haze had is act had NOT been
made" can only reer 10 his right II existed by the
law OF nations.
This has always been decided TO be the law 1t
ruled in Engan by the Judges until The great Somer
CASE when Lord Mansfield decided other wise That
case has, however never been considered sound law,
and has been expressly oveuuei BY numerous decisions
Shch arose by appeal from an order by Earl Bathurst
tSave Grace, Haggards admiralty reports, "a decided
ON November. 1927 In this decision Lord Sowel
(Sr VIM Soup fairly SCOTS at the idea OF Lord Mans
ed OF The effect produced by the slave breathing The
free air Of E"gtdnd-an air perfectly loaded and I'M.
originated win The masma Of despol',m IN us WoIs,
Of Lord Mansfield in the Somerset case had never been
considered law, and had been practically assenled
SINCE that slave sailors had been constantly III the
abl oil visiting the ports OF Great Britain and returning
again 10 the West ndies without any petence that by
having brealhed the free air Ct England. they thereby
beca ne liberated He also denies the doctrine because
he says the OF plantations in the West Indies
mad morgaged their plantations with their slaves 10 resi-
dents IN England and by sending their slaves to the
mother country they were liberated, II would be IN the
power OF the debtor destroy the security oil The cred
tor. The only doub this subject has been occasoned
BY not discriminating between individuals and slaves
That Lord Stowels opinion in the Of the slave
Grace is recognised as law IN England may be gathered
from OF Parliament (secon 81 passed 2Slh Au-
gus, 1893, abolish slavery the British domnions,
iNpit nj The he
Cryon, and 81 Helena) which contains the following
proviso THAT all slaves who may at any time previous
this huue been brought rih the consent Of their
into any part OF the United Kingdom oil Great
Britain and Ireland shall, IRON and alter the passage OF
act, be absolutely and entirely free all nents and
purposes" plainly declaring that when they were mol
brought with the consent Of their owners or. other
words were fugi,ives from labor they should not be
tree by this act OF Parliament.
The only other difficulty which could arise treating
this question OF international law TO The right OF
The owner TO reclaim his slave is whether slaves
considered property. The doctrine, that the laws OF
ions recognise slaves as properly sustained BY nearly
every judicial decision made, either England or
America, BY repeated decisions OF the English Judges and
OF the Supreme Court OF the United States and the seve
raj State courts Chief Justice Shaw OF Massachusetts
The present disafeced region, in the OF the Common
wealth Us AYES, us Pickering, 1881 in most elaborate
opinion, distinctly avows this doctrine and recognises
The opinion OF Lord Sowel in the of The slave Grace
the law OF the land If the right of properly exists,
that ghi would be powerless, unless it had incidents
To its enjoyment the right OF seizure and recapture To
bind he OF the slave, therefore. to the pro-
visions of the 18th section OF the act OF March 3D. ls4
would be denial OF his right to reclaim his slave by de-
nyng him his appropriate remedy, or, at all events. by
seriously imparng IT, II expressly inerfered with the
act OF Congress OF 18th February. I793 which authorized
the master arrest his slave without warrant, and of
course TO exercise as much force might be necessary
enforce his right As well might the legislature enact
that the collector OF customs in Philadelphia shall be sub
jeced to penalties unless he collect The customs
particular way and cary into effect the law of the
United States directed by this Stale Would it not be
nantes, tina, such an act would produce confc, of
hority between the State and the national governments
In the OF retaining slave the master
constitutional right to say nothing OF international law
and that right cannot be impaired by an inferior and sub
ordinate authority The 4h section of the act OF March
ls47, would utterly destroy the rights of seizure and
reception incident 10 the right OF property
The 5lh section atirms The right, on application made,
10 issue writ OF habeds corpus TO inquire into the
and legality Of The arrest or imprisonment Of any human
being within this Common wealth. This section dee
constitutional, although 1t may be an unnecessary real
hrmance OF constitutional provision, well OF set
tied principle of constitutional liberty, transmitted TO
us from our mother country and guarded by Americans
with walchful care. The writ OF habeas corpus is a
privileged wnt and granted matter OF right BY the
terms OF the constitution beth of the United States and
The Stale Of Pennsy vana. The ID clause OF the OH
States and the l4h section OF the oh article Of the cons
tuition OF Peunsy lvania, both expressly declare, in
precisely the same terms, that " the privilege of
writ OF habess corpus shall not be suspended, unless
when il of rebellion or invasion, the pub
lie safety may require IT." II is writ endeared
10 the people by relieving them from bloody cruel
the confused legends OF dark age and which per
petraed with mpunly down 10 the passage Of the act o
81 Charles 1.-THE second Magaa Charta OF English lib
erty.
Even the supplement, 10 the act Of 10Th February 1893
passed by Congress the 18th September, 1850, COM
monty called 1.-THE fugitive. slave BILL the 9th ,ecion Of
which declares that the certificate granted under said
"sba be conclusive OF the right of the pefson per-
in whose favor granted to such ingye to
the State Territory IRON which he escaped. and shall
prevent all moestaon OF such person perso0s by any
process issued by court judge, magistrate or other
person whomsoever," does not, in The opinion OF our
abest ursts suspend the writ OF habeds corpus Such
was tue opinion OF Attorney General CritieDden. This
the opinion OF judges Grier and Kane in The oil
Henry Garnet, heard before the circuit Tor the
district OF Pennsy wanna. October 49, 1850 copy OF
which opinion 1 have before Such also the
opinion oil eminent Jnrsis In the city OF New York in
The mofe recent case OF the fugitive Henry Long and in
the late OF Stephen Bennett, in Philadelphia virus
OF hobeo corpus simultaneously allowed and issued
court OF the United States And in still more recent
in Philadelphia II has been the constant habit OF
the district oil the United States TO the pro-
ceedngs hbeas corpus from before the United States
| commissioner during their tendency.
The repeal therefore, OF the 5lh section OF the act OF
Sd March, 1917, IA mere question oil propneiy BY
doing Infringe right, that writ is always
suable as matter OF course, without further legislative
sanction. BY suffering il to remain statute books
we give right but what was before s passage abun-
dainty and permanently secured 10 every Individual BY
rrpfalng II, we express OF the injustice OF all
that portion OF the act referred TO which iRpedes inter-
rups blnders the master from retaining within this
Commonwealth his logve slave according to the pro-
visions Of the constitution OF the United States and the
acts Of Congress in conformity herewith.
Although this section OF the act may not be consider red
IL s clearly vexatops in its cha racier