Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08

cay protected in her interests Others should be satisfied to do
1t ln conformity with their view Of Ihe constitution.
Sir, the law is not always law. There Is lawyer that
does not know There is nobody living any country
that does not know it, and especially IN free country like
nis law TO have its practical effect nna. move IN har
mony with the opinions and feelings Of The community
where 10 to operate. In this NO doubt
that the feeling of the whole and entire Nos~haeve
be their submissions what they may cons3er be the
Pree law Of the lands opposed to the institution OF sa
very and opposed to this law. Now, you msy multiply of
GERS as much as you please you may make every shPa PR
son, you may mako every custom house guarroom you
nay in all great central points make every effort you
can for The purpose honestly Of enforcing the law nay
may have large majority in ell the free States 10 favor of its
enforcement and yet there be formidable minority that
determine upon the defeat Of the operation Of the % they
can do 1t, and they will do H. The recovery Of fsgivs
slave not merely hs Of person coming into court
not merely cassn which the law should be ecorced
by courts The fugitive slave may be concealed
out OF court thoussnd arces and sSpedeRis may be
sorted to- BY which the avehoes viii be unable aptur
MS slave or me slave wAen rssined viii be rescued Al
'us's.sod y shieses fhs i.ss ysan uiih
utmoss hsp ~ sr IN ~ ssssusss nay bs nothing
those those sSs Who ..s ~ns g sss. = deceive
league very correctly said the other day, oct Of fifteen thou
sand slaves at the North-aod hsvesecn myself
putting the number at thirty Mousanhow many haze been
Ieeapured Some fifteen Rsve been taken in eight nine
months, and In every in which Here any dispute
cost the master than tls worth Of the slave Tknow
case which has been communicaed very recently.
several gentlemen IN Maryland, the Eastern Shore,
knowing that they had fugitive saves in Phiadspha agreed
hat one should and endeavor ecs7ue ssIave and if
ne succeeded the rest would endtavo todd likewise The
gentleman went armed with tbs proof Of the identity of his
slave by the presence of several Of his neighbos but we
he got TO Phadepha ebaasaents Of one kind and ano.
raer thrown in his way; fate swearing the Identity
OF the person esoted TO and he defeated Blacks
are allowed to come in and before the commissioner
nj IN houaF ~s~ he 20
cening it, But although there direct proof Of the iden-
ty OF the slave baaks in all numbers that they had
known the slave many years before, and provedan alb
The thing attempted With respect to the case of
Henry Long in New York The commissioner maJ always,
he think proper in this conflict Of testimony discharge the
slave Thus with the law itseG and your Law officers
mpedments can be thrown in the way, and sxpeden be
esored to- by which practically the law have effect
1 examination Of these facts that have thes
conclusion that this law and will not be enforced
practically to the rights Of the South With this
vie.ion have looked most carefully into this matter since it
arose here in debae and come to the conclusion tha from
The beginning Of the legislation Of Congress this whole
subject this day. Of the South have been wronged and
have been made to abandon better and efficient rem
edy which the constitution provides
am Sate-rights Ever since have been in pub
lie life have endeayored to carry out the plain and simple
meaning Of the constitution Of the Uned States abhor
They subteages of dishonesty, by which
ton itself virtually ovehrown. With subtle an instru
ment for constituting the meaning Of words the human
nd with the passions and interests which govern men,
there Is but wsy to preserve written constitution, and
that to administer according to It's strict and simple pur
port. From the time commenced public lie, have endea-
vored to pursue this course, and have departed from
by any vote Of mine in Congress totally unconscious
of it. Now let look into the constitution There are two
ways Of getting at what the meaning Of the constitution
ALI Senators, both sides believe win grant that when
take up the constitution Of the United States take up
aggregate Of grants The constitution 10 thing Of ITSELF
Il IL seGerisssns. by The people Of the
States and they deeignaed In that constitution the partcu
lar grants power they conveyed servng themselves all
powers not granted Then when look the constitution
to know whether any power is contained therein, must
rs look the distinct specifications of power and is
granted IF there there is but way get the
and that is to ascertain whether is necessary and
proper carry out specific grant, These are the two great
Methods Of asceranng the meaning Of the constitution re
hough they may be- laid down by Chief Justice MARSHALL
,msel the great high priest Of construction take up the
constitution and find all that il says with respect to fugitive
aves is contained in the second section Of the fourth article
Ind is quotation in that section The section begins
Is follows:
The citizens Of each State shall be entitled all the pri-
eges and immunes OF citizens in the several States"
Then follows in the next sentence the qualification with
respect to fugilives from justice and fugitive slaves
CA person charged in any State with treason felony
other crme who shall fee from justice, and be found
State from which he Aed be delivered up be removed
the State having jurisdiction Of the crme No person held
ing into another SHALL any law regulation
therein be discharged from such service labor but shall
be be delivered up on claim Of the party whom such service
or labor may be due.'
Now, these two clauses exactly similar in pupo,
cep,ing in particular In the the fugitive cri-
mna is to be delivered up the demand Of the Executive
authority of the State from which he has fed in the other
the fugitive be delivered up clam of the party
whom he belongs In neither clause is stated that the
fugitive be delivered up by the State authorities Yet
is clear these clauses refer to other Ty for
their enforcement because other authority is spoken Of
1t an affair between States The fugitive to be de-
vered up To delivered up he must be seizedbe must be
in the possession those who delivered him up No auho
riy within State can seize criminal against the laws Of
another State but the authority Of the State itself to which
be has fed This acknowledged by the act of 1898 with
respect fugitive criminals but is denied with respect to
fugitive slaves In the former the State authorities
seize and deliver up the fugitive criminal but in the latter,
according this act the State authorities have nothing to do
With the fugitive slave In the former the constitution
only treaty stipulation between sovereign States In the
after is Of Congressional legislation, although
Congress referred in either in the constitution
there any ground in for this difference of
ion Let apply the acknowledged rules Of construction
laid down for ascetanng the meaning Of the constitution
will be claimed that Congress possesses the power
egsaie the subject Of fugitive slaves necessary aud
proper carry out any expressly granted power Iii dis
enforce any other grant Of The power t exists
b be by special grant laid down in the constitution
Now lock at the clauses in the constitution have quoted
there word in either of the two clauses referring
fugitive criminals aud fugitive slaves, conerng any power
Congress TO legislate upon these subjects No power
whatever is given to Congress. Congress not
ioned in them. What is the inevitable inference Why,
hat Congress has such power.
This view of the constitution is confirmed if look into
he sections Immediately preceding and succeeding the Sec
ion relating TO fugitive criminals and fugitive slaves In
10Th of these sections Concr.s given mower 10 The