Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1851-09-20

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rum, which prepares them for the poor house. the
penltentiary and the prison. They are destitute
OF good breeding and learning, and all ambition to
be honest and virtuous. We know that the vel
fare and happiness of the negro would be consulted
if be were taken from his state of freedom (?) and
sent to the South, and we doubt whether it would
be moral sin to seize every mothers son OF EN-
and sell them into slavery, appropriating the por
ceeds to the payment of our State debts, at least
of such magnitude it is to let them remain here
haIf-fed half-cothed, uneducated, leading life of
misery and destitution. At all events, we sat
isfed something must be done with them and that
before many years They must either be cleared
out or the lives and property of our white citizens
will be rendered unsafe The evil is daily ncreas-
ing, and we may as well meet ii sooner or later
The longer we postpone action in regard to it, the
more difficult it will be to accomplish the desired
end and rid ourselves of the growing evil
As the Abolitionists and abolition sympa-
thy, the latter is cheat and the former all
set of miserable hypocrites There is not an hon
est man among them They are as great vaga-
bonds as the negroes, and more unprincipled, be-
cause they have the intelligence to know what is
right but lack the desire to pursue it. 1t would
be no great social or national loss to have them
sold into slavery with the negroes. A thorough
going black hearted abolitonist, would rather
give two dollars towards defraying the expences
ofstealing a negro than dollar towards purchas-
ing his freedom. He will harbor fugitive on his
premises, make him work until he earns something
worth having, and then inform the poor darkie
that his master is after him and he had better cut
Stick-leaving his funds in the hands of the 'phi
Ianthropist" It is such white people as these that
spoil the negroes among us and render them
tirelv worthless-N J. Dan Book
Important Decision on The Fugitive Slave law.
We stated, the other day, and expressed our
qualification for the fact, that the Fugitive Slave
act of 1850 had been faithfully enforced by the
judicial authorities of the free States and that its
enforcement had been generally acquiesced in, ex-
cept in the case of Shadrach, in Boston. We had
not then directed our attention to the decision of
Judge Conklin, United States Judge of the Wes-
tern district of this State, III the case of the flu
gitive slave Davis, writ of ha6eaS corpus, which
was made on Saturday last, dischargng the fugi-
tive, who immediately fled to Canada. In this
case, IL. X. Smith, Esq, United States Commits
soner at Buffalo, had, after an impartial hearing,
given certificate remanding the fugitive slave to
his master. There is not a shadow OF doubt of his
being fugitive slave, as claimed. his point Is
beyond dispute. Hence Davis fled to Canada as
soon as Judge Conkln discharged him.
The ground of the discharge is, that he escap-
ed in August, 1850 and that the last Fugitive
Slave law passed by Congress in September,
Der does not apply, and the rule to er post taco
enactmcnts (reterring entirely to laws respecting
crime } is invoked in the construction of the act,
though 1t appears a somewhat novel recourse
But the act of 1898 is not repealed by the act of
1850. The Supreme Court of the United States
decided, IN the case Of Prgg that the extradition
clause of the constitution referring to fugitives
from labor was self-eXecuting-tha Congress might
enact laws giving federal, judicial or other Off
GERS, power to enforce the constitutional obhga-
tons, and prescribing modes and form of proceed
ing, DC, but that Congress could not deyolye the
duty State, Judicial, or other officers, and that
State legislation could not provide or restrict,
control the remedy. The act of 1898, excepting
the clauses authorizing State authorities TO enforce
1t, Is still in full force. The act of September,
1885, does not repeal it, for the title Of the latter
expressly states it to be amendatory of the act Of
1898. The constitution imperatiyeIy requires the
fugitive slave to be delivered up. The words
are -
NO person held to service or labor in one State
under the laws thereof, escaping into another,
shall in consequence of any law or regulation
therein be discharged from such service or labor,
but shall be delivered up claim of the party to
whom such service or labor may be due
1t would seem to be palpable evasion OF the
constitution, and indeed violation of 1t, II the
fact of owing service or labor is proved, and the
fact of the slave having escaped is proved for a
judicial officer to discharge him. The legislation
Of Congress cannot etter or restrict the constitu
tional right of the master No legislation of Con-
gress should be construed as to restrain or en-
barrass such right. The provision of the consti-
tuition is imperative and paramount. The act OF
! 1898 and the act of 1850 were both intended to
facilitate the enforcement of that right not to en-
barrass or restrain i-not to nullify the consttu-
tional provision; but were in aid of it, The decis-
/ ion, reported, seems TO to be an evasion of
the act of 1898, rather that portion Of it still
unrepealed, and declared by the Supreme Court
of the United States to be within the constitution;
and likewise an evasion of the law of 1850, noto-
riousy intended to be cumulative to the act of
1898. The criticisms about technical forms and
papers, and the discharge of the slave in the face
of full proof of his being slave and fugitive
looks like clubbing away the remedy intended to
be given in good faith by the compromise acts
The South will not be satisfied with this mode OF
expoundmg and administering the law. If the
decision of Judge Conkln is adhered to- fugitive
slaves in this State, who escaped prior to Septem
Der, 1885, have in effect full immunity, for they
cannot be delivered up under the law of thai
month If arrested under it, Judge Conklin vii
not deliver them up under the act of 1898, mol
under the constitutional obligation and pledge
but they will be discharged, so as to enable then
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