Weekly national intelligencer., 1851-04-19
FUGrrrvy SLAVE LAW.
U. s. Crncurr Co,sr, NEw YORK.-MosDAr.
Befoe Judge Nelson.

FUGlIltJ CbA'6 49,
u. s. CIncurr CoAr, NEw YoRK-MOsDAr'
Betos Judge Nelson. :.
This Court commenced its session to-day. In
charging the Grad Jury, Judge NELSON adver'ed
n considerable lngth 10 the Fugitive Slave Law;
After alluding tosome other matters, wnicn wouia
claim their atiepon, his honor proceeded as iolows:
hs.s ltructions in respect to the cases on the
calendar Of the District Attorney furnished 70 the Court
desire to call yur attentions with some particularty to
cent act Of congress- commonly called the "iusve save
Law. !" passed september ls, 1850.
Ths .caas been the subject Of much CONNECT since its
"A Of various and conflicting opinions both as con-
Germ. ,b constitutional principle involved and the matters
n aet. embodied in its several provisions Il is law
.r.;n.khich open resistance to its execution has been
conunded, in some quarers unconstitutional, and In
obe whether constitutional not As all persons concern
ed ecty or indirectly in this resistance, or in any obstruc-
td to its due execution gy Of offence, and sub
c,ed to heavy punishment crminaly, and also by civil
damages to the aggsved party, is proper that the law
should be understood that those any there be- who have
mae up their minds disobey il, may be fully apprzed Of
th consequences.
The act as you are aware passed for the purpose Of
arrying more effectuay into execution provision Of the
Constitution oi the United States namely part of the
scond section Of the fourth article. That provision as fol-
lows No person held service labor in one State, un
der the laws thereof escaping into another, SHALL in coRse
quence Of any law regulation therein be discharged from
such service labor but shall be delivered up claim Of
the party whom such service or labor may be DUE"
At the time Of the adoption of the constitution by the Con-
ven.ion, September IT. l7s7 slavery existed, believe, to
IN extent more or less in each Of the States then composing
the Confederacy above ons6eenth Of the population Of
New York slaves The proportion Of the New Eng
land States much less also, in Pennsylvania and New
Jersey about the New York. All the original States
therefore, interested, less, in the adoption Of
this provision into the constitution, but especially the
Southern States where, speaking generally, and without
strict accuracy, about half the population consisted of this
class.
II was however, anticipated that in the progress of time,
slavery while it would increase in the South would diminish
and finally become extnguished in the North.
Soust this provision regarded the time by the
bers Of the Convention and for the security Of this
species Of labor and the existence of friendly relations between
the different members Of the Union that 1t adopted with
out opposition, and by unanimous vote.
It Of the deepest interest to the Southern States
without the provision every nonsayeholdng State in the
Union would have been at liberty according to the general
law of nations 70 have declared free all runaway slaves
ing within ts limits and to have given them harbor and pro-
lection against the claims of their masters We need not
say this day. that such state of things would have led in
evtaby the beest anmoses especially between border
Staes and have been the of perpetual strife, and Of
the ferces passions between the Northern and Southern
portions of the Union.
The evil was felt at the time by the Southern portion, as
the articles confderaon contained such provisions and
it guard against it. and to lay foundation that would
afford future security and preserve the friendly relations and
intercourse Of the States that the provision incorporated
into the fundamental law No conversant with the his
tory Of the convention and particularly with the difficulties
that surrounded this subject in almost every stage Of its pro-
ceedngs doubt for moment that without this, some
equivalent provision the constitution would have been
Of ha Iaatiun
ton Of the Union and could have been surrendered with
endangerng their whole interest in this species Of proper
y 1t not surprising therefore, that It Is still adhered to
with unyeldng resolution, and is made the groundwork Of
question upon which the continued existence of Unon
thus formed, Is made to depend.
The clause in the constitution is general and simply de-
cares that the slave escaping into another State shall not
thereby be discharged by any law regulation Of the State
which he has fed but shall be delivered up claim Of
the person to whom the service is due.
The mode Of delivering up the claimant is not prescb
ed and until regulated by aw continued to be the source Of
embarrassment the masters and Of disturbance and dis
quetude among the States.
This led to the first act Of Congress- passed 18th Februa
, l793 during the sitting of the second session held under
the constitution 1t enacted by body Of men, several
Of whom had been distinguished members Of the convention
and is framed in its leading features in the spirit of the prov
sion Of the constitution which il designed to carry into
effect. 1t is signed by Jonathan Trumbu, Of Connecticut,
Speaker Of the House Of Representatives John Adams,
Vice President and President Of the Senate and approved
by George Washington, President Of the United States and
passed the urgent recommendations of the Governors
Of Pennsylvania and Virginia, between whose States diff
Guilty had arisen in the surrender of fugitive slave.
The first section the subject declares that when any
person held labor in any of the United States in either
of the Territories under the laws thereof shall escape into
any other State Territory the person whom such labor
may be due shall be authorized seize such g
tive and take him her before any Judge of the circuit
district courts Of the United State residing being within
the State before any magistrate of county, city, town
corporate wherein such arrest shall be made and upon proof
to the satisfaction of the judge magistrate, either by oral
testimony affidavit that the person arrested service
to the person claiming him her. shall be the duty of the
judge magistrate to give certificate thereof to such claim
ant which shall be sufficient warrant for bis her removal
to the State or Territory from which he or she fed.
The remaining section nfcts penalty upon any person
who knowingly obstructs hindes the claimant from arrest
ing the fugitive, the from him, harbors
conceals the fugitive after notice.
This act has been the statute book and in operation for
more than hhyseven years and its constutonaly rccog
missed and affirmed by the Of Massachusetts,, Pennsy
vania, and New York. and by the Supreme Court of the
United States in Pigg the Commonwealth of Pennsy-
vania-l6 Peters 439 e Pick. Rep. II Commonwealth
Us. Griffin; Serg. and Rawle; SO Wright u.s. Deacon
Johns. 81 Glen Hodges and 10 Wend. Rep 3ll
Jack Martin g. G. b 50 and has never been denied
BY any court with the qualification that will be presently
ticed.
The Of Prigg the Commonwealth Of Pennsylvania
in the courts Of that State is exception these remarks
as the jury found special verdict and the judgment
tered a by agreement of COUNSEL for the purpose of
carrying the question before the Supreme Court.
Doubts had been expressed, and in instances decid
Cd opinions given by State judges that competent
,To~, Ss.tox