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

Of fugitive criminals anfuge slsses, and has left lhis whole
matter the States for enforcement The trainers Of the
conslitu knew very well that very delicate matter
for xens Without aSate to attempt to seize any persons
within it, Shareholders knew that there but way
by which thsr fugitive slaves could be eectuAlly
vered to hems when entering another State, and that
State free State The power, the police the Judiciary OF
the States. must be engaged The faith and duty of the
States must be implicated Every map in the free States
must be bound, as party to the constitutional compact to
deliver up to him his save his catm. This is
the great efficient remedy provided 10 the constitution for the
recovery of fugitive slaves; and the claim being made
rested with the State the State authorities to do one Of two
things deliver up the slave pay for him THIS Is the
alternative have presented 10 Great Britain, IN the only
have had with her She thought proper to en-
tice away great number Of slaves during the contnu-
Of these and their close she delivered up or
paid for all the slaves she took from or carried away Our
sister States when pledged by the of the constitution,
would have been prepared not to and e result would
probably been long throughout all OF our North
EN- States that laws would have been passed-temed very
properly by the honorable Senator from Alabama Mr. Gle
MEss) the efficient of all fugitive slave aws-prohbit-
ing negroes under any circumstances from entering their
bound Al all events would long since have known
whether free States would have fulfilled their faith pledged
10 us by the constitution We would long since have had
peaceab this guaranty Of the constitution, have dissolved
our connection with them.
As a subsute-and exclusive Substitute for this peace
able and efficient redress under she consitnonCon-
gres has usuPed the power d egsatng upon this subject
II has undertaken thrust the powers Of the General Govern
the matter, and to ugitive slaves
The Of 1885, Of which the late act is sn amendment
keeps together the constitution keeps together the two
subjects of fugitive cmnss and fugitive ssyes thunder
takes order the States what they shall do with respect TO the
recovery of fugitive criminals and provides by It's own egs-
ation for the recovery Of fugitive slaves See, sir how
commands the Governors of States
Or Territory to .sa such n g and
making demend agent Of such snthori
the fugitive ;and the fugitive to be deliver
ed to such agent when he shaltappear."
This is the msndate fugitive criminals. Congress
the mere legislative agent Of the States for certain limited
specified purposes without word in the constitution to JUS
@ the arrogant assumption, not only undertakes to sgae
for the States out dictate to their Governors what they
shall shall not do 10 carry out compact maze petWeeh
them But goes still further than this with respect to ug
tive slaves If bad undertaken to order the States and
their Governors deEverup fugitive sav. although vast
assumption ofauthoity, itwould have dealt equa wn pon
classes of ugves under the words OF the constitution OF
daning like rene1y for the recovery ofotn. but aeais
differently wiki fugitive eves Idoes not make the States
act through their Governors but provides that the claimant
shall akehs slave before the judges Of the United States
courts or the Judges and magistrates Of the State courts
The States finding that the Supreme Court OF inc Cnnea
States have asserted and mantsned the exclusive right OF
Congress egate for the recovery Of fugitive slaves by the
authority of the General Government have refused to allow
their other officers TO act They have repeal
ed the laws previously made to aid in the fecapure Of fugitive
slaves And indeed sir if be true that the recovery OF
fugitive exclusively affair Of the General Govern
ment what else could the free States do Were mot such
laws unconstitutional And would they not be set aside by
the the United States The doctrine OF this court
not only permitted but virtually commanded the States as
soveregn and the people Of the States as individuals to
stand aoo aud to leave the STAKEHOLDER to the fundamentally
Of the Government the United States and to this alone to
his fugitive slave protest against this doctrine
protest against this usnrpaton onhe part Of Congress 1t
is fatal the rights Of the South maintain thai by the
constitution have the faith Of the States sovercgDs to
compact with anddhat by thetcompac the Government
of every Slate, every every tree State, bound
morally ENTHUSIASTICALLY TO adm the recovery and reso-
ration of our fugitive slaves
But Congress has determined Otherwise and the Supreme
Court has determined otherwise dhave great respect per-
sonay for the Judges Of that court believe them 10 be
able and upright but thsy menvery abe men; and
cannot but remember that all times, the judiciary Of
country has always been the of the Government 1t
has been in England in all the struggles for liberty
It has been in this county. Not usuPaion Of
Congress on the Of the constitution has taken place.
has sanctioned by the Supreme Court OF the Uni
ted States from the alien and sedion laws to he late bank
rupt law Let however, briefly weigh these reasons for
according Congress onnpeence the subject OF
covery of fugitive slaves.
hold in my hand compendium OF their decisions on
this subject and their sustaining them will not
the judges delivering the decisions, but qaee simply
1t cannot be doubted says the Court ",hat the con-
snon requires the delivery Of the fugitive on ciaan OF the
and the natural inference certainly IS that the VA
tiona Government clothed with appropriate authority and
functions enforce it, Thsis very cool 1t claims power by
nature the General newSouce OF authority
certainly should say that she constitution does not even
mention Congress- much less the National Government the
word National Government had nothing to do with it The
decision goes on The fundamental principle applicable to
all cases this would TO be- that where the end
required the given. Certainly 40 one wtldls-
pute this position But the question has any power over
the end Che recovery of fugitive slaves in sae been given
to Congress by the constitution The clause relating to
fugitive found in the National Constitution and not
in that of any State" Here is original as 1t IS
profound Where should any of the Of agreement be-
tween the States be found but in compact
Did the constitution Of any nation contain its compacs
with other nations How absurd, them to attempt to argue
that because the States did not because they could not insert
into their constitutions their compact concerning
fugitive slaves that therefore Congress has exclusive ur
dctoR over it.
sgt might well be deemed unconventional exercise Of
the Interpretation insist that the States are bound
20 provide means carry into effect the duties OF the Naon
al Government Howhere delegated entrusted to them by
cessary conclusion is that the National Government in the
absence OF all positive provisions 70 the ooatrary is sound
through proper departments legislative executive
judicial the require carry into effect a the
rights duties imposed upon il by the constitution"
Here again the whole question is begged The learned
nudge declares the powers of the National Government,
not from any specified grants 10 the constitution but "in
the absence Of all provisions to the contrary lie proceeds
eff this be So it would seem, upon just principles of
s,ruction that the legislation Of Congress, constitutional
must seersede all State Legislation upon the sueieo and BY ne
cessay pro6a. For II Congress have constr
regulate particular sabect and they actu-
ally regulate it ia given manner and in certain form, it
be that the State Legislatures have the right to inter-
ere Where Congress have exclusive oI0er over sub
ect it competent for State legislation 10 interfere
Here the doctrine by which Congress not only