The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-04-10
From the Progress Of the Age.
TO THE FRREMEN OF KENTUCKY.

"ComprOmise The Fugitive Slave Law-Emanci-
patton.
know Of no power under the Constitution Of
the United States by which any such thing as
a " compromise can be made. | know no power
by which one Legislature can make law binding
upon all future Legislatures, unless where rights
or privileges or immunities are vested in indvid-
uals, or corporations or States, in consideration
Of an equivalent There is no power in the
Legislature in other to control the action Of
future Legislatures The whole assumption is
an usurpation, whereby individuals presume to
be superior to the Constitution. Laws made in
accordance with the Constitution ought to stand
or fall on their merits and be altered or abolished
according to the exigenoies of circumstances and
times
Laws made in violation Of the Constitution are
null and void, when so declared by the proper
courts and until 80 declared should be executed
by all good men.
The Fugitive Slave Law is regarded as uncon-
stitutionsl because there is no power in Congress
to pass laws upon the subject of fugitive slaves at
all Section ,, clause 2, United States Consttu-
ton, is, No person held to service or labor in
one State, under the laws thereof, escaping into
another shall, in consequence of any law or reg
ulation therein, be discharged from such service
or labor but shall be delivered up on claim of
the party TO whom such services or labors may be
dueN Section s specifically names all the powers
granted to Congress- and gives such additional
power as is necessary to carry into execution the
powers named Now, in all those Is clauses there
is not the slightest allusion TO fugitive slaves
Article 10 of amendments is The powers not
delegated TO the United States by the Constitu-
ton, nor prohibited by it to the States, are re-
served 10 the States respectively, or to the peo-
Pile" Hence there is no power over slaves in the
| Constitution whatever James Madison and
| Roger Sherman the leaders of the liberal party,
were not willing to allow that men could hold
| property in men," whilst the friends of slavery,
on the other hand were equally opposed to any
power over slaves being vested in the National
| Legislature.
The power to suppress instruction, it is true,
touches slavery but even that would not have
been granted had it not been necessary to the ex-
istence of all Governments.
The power over fugtives from service, then, is
one of those powers prohibited to the States y
entirely negative, and binding on the States in
their sovereign capacity. All that the claimant
| of slave can ask of the States is that none be
allowed to obstruct the capture Of the slave, and
all the National Government can do is to allow
her courts to give redress in of such obstruc
ton and in this opinion it seems that Daniel
Webster concurred up to his late speech in the
Senate of the'United States.
The attempt to compel the freemen Of the
North to become slave-cstohers, and the non-
Shareholders Of the South and North to bear the
expense Of bringing back slaves is not a power
vested in the United States The language is,
that they be "dthUered up"-not brought back.
What right has Congress to compel us to pay
for the return of slave, more than to force the
owners of slaves to pay for the return Of stray
horsel
OF the minor objections to the law-such as
refusing trial by jury aud testimony In self-de-
fence, even where the alleged fugitive is a free
man-the unequal conflict Of State sovereignty,
where jurisdiction is transferred to the side of
the slave States-the questionable right Of Con-
gress to give the power over the liberties of free
men to commissioners, who are not "inferior
courts under the constitutional shall not
speak. | only venture to say that the clause
which gives bride Of a double salary to declare
against the liberty Of the defendant, claimed as O
slave, would disgrace any code of laws-the mag
nitude Of its injustice being only overlooked in
the accumulated wrongs and usurpations of sla-
very
The issue. then. which is attempted to be put,
by eminent persons and parties, to Ilie people OF
X entacky--to dissolve the Union in case such
law is repealed am ready to meet now, and at
all times. The passage of an Must or uncon-
stitutional law shall not drive me from my ale
glance and submission to the American Union
Jar less shalt N, repcat Of mc tan force M, n'o
treason and ciuil mar | am not OILY for the
Union, repeal or no repeal-but for the Union,
| SLAVERY OR NO SLAVERY
Whilst | have thus frankly avowed my senti-
ments upon this incidental question, now de-
clare, for the benefit of all Emancipationists who
have any heart in the cause, that they need not
be deferred from joining the party on account Of
my ultrds !" for whilst in discussion shall range
through all topics which may add force to argr
ment or light to just conclusions, | shall, so far
as am concerned, make the basis Of the party
the single issue of Emancipation upon the SOIL
by the insertion into the Constitution Of clause
that, 0fer a FRET day, all persons born IN Kentucky
shall be free.
And upon that point hope to be heard, on the
stump in every county In the State
ask liberal editors of all parties to give this
an insertion in their papers, for which will be
ready on demand to pay
claim the honor Of being ever loyal citizen
of the Common wealth. G.. M. CLAY.