The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1851-09-16

III. k. Smith, esq, United States Commits
llsioner at Buffalo, had after All impartial
hearing, given q Certificate renamling the
fugitive slave to his master. There Is not
shadow Of doubt Of his being fugitive
slave, as claimed. This point is beyond
dispute. Hence Davis fled to Canada as
soon as Judge Conklin discharged him.
The ground Of the discharge is, that he
escaped in August, 1850, and tha, the last
fugitive slave law WAS passed by Congress
in September, 1850 The argument is,
that the law Of September does not apply,
and the rule az to e.r post )acto cnactmonts
(re'erring entirely TO laws respecting
crinlea) is invoked in the construction Uf
the act, though it appears somewhat now
cI rccburse. But the act Of 1903 is not re-
i pealed by the act Of 1880. The Supreme
Court Of the United Suites decided, in tho
case Of Prigg, that the eStradition clause
OF the Constitution referring TO fugitives
from labor was se!f-exccuting-thai Con-
gress might enact laws giving federal, ju-
dicia|, or other officers, power to enforce
the constitutional obligations, and Irescri.
blng modes and forms Of proceeding, &C.,
but that Congress could not dcvolve the t,i-
| ty on State, judicial, or other officers. and
that State Legislation could not provide or
restrict, or control the remedy. The act of
1893, excepting the clauses authorizing
State authorities to enforce it, is still in full
force. The act Of September, 1850, does
not repeal il, for the title of latter expressly
! states it to be ninendalory Of the act OF
l793. The Constitution Iinpcrativcly re-
quircs the fugitive slave 10 be delivered IN.
| The words are:
"No person held 10 service or in labor in
one State under the laws thereof, cscapi;,n
into another, shall in consequence o. any
law or regulation lherciA. be discharged
| from such or service labor, but shall he dc.
livcrcd up OH claim Of Il C party to whom
such service or labor may be due"
1t would seem TO be palpab!c evasion
Of the Constitution, and indeed a violation
OF il, il the fact OF owing service or labor ID
proved, for judicial officer 10 discharge
him. The Legislation Of Congruss canno,
fetter or restrict the constitutional right o
the master. No legislation of Congress
should be 80 construed as 10 restrain or
cmbarrass such right. Tho provision o
the Constitution il imperative and para.
monnt. The net Of 1893 and the act o
1850 were both intended 10 facilitate the
enforcement of that right, not 10 cmbar.
rass or restrain it-not 10 nuliify the con
s,i utional provision; but were in aid of it
The decision, az reported, seems TO us tc
he an evasion oil the act Of 1893, or rather
that portion Of it still unrepealcd. and dc.
clarcd by the Supreme Court of the United
States TO be within the Constitution; and
Likewise all evasion Of the law of 1850, no
torIously intended TO be cumulative to the
act Of 1893. The criticisms about techni.
cal forms and papers, and The discharge Of
the slave in the face of full proof of his be-
ing slave and a fugitive, looks like uuib
bling away the remedy intended to DC give,
in good faith by the compromise ac,s. Tho
South will not be satisfied with this mode
OF expounding aud administering the law
II the decision Of Judge Conklin Id adhered
to, fugitive slaves in this State, who escape,
prior to September, 1850, have IN clicc,
full immunity, for they car'lot be delivered
up under the law ol that mhu,h Tar cst.
ed under il, Judge Coakn will not deliver
them up under the act Of 1913, nor unatr
the constitutional obligation and pledge;
but thcy will be discharged, so as 10 cnaoc
tlicm to run To Canada, This decision viii
we predict, arouse and excite the South
more than any thing that has occurred We
regret that it has occurred, and especially
that i, was :;iudc in New York.-N. York
| Herald.