The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-08
Ia ~ I4rsaiurs Of Pssnssantr oa ne senate bal No
Ispea tAs Oh seldom of The CT 10 pysusat kdnsp
pt.x. pfsssyus ihs yvbte psses, &C.
lcoAcLuDED ]

On seldom ~ Ms dcs 10 PseueuH
p1.g. prsssyUs lhs YSbG psses, &C.
eatslj lcoAcLUDED
Ihsvs no doubt myself that the sasst rule Of nterpre
taou and in fact only just one. in reference The
third clause OF the I'd section OF the Ath article of the
con.,,u,ioD 10 10 look the nature and objects of the
particular powers. duties, and rgnts cosained therein
e understood II is adoption BY its iiamers. We all
know historically that the object Of this clause to
pls,s right and nte 70 the osnsrhp OF their slaves as
properly. il every State OF the Union into which they
might escape from the State where they held in
viiude I6 Peters, 0i0-'ii.)
la the national convention which framed the eonstu
ton, MIR. Butler and MIR. Pinckney. OF Souh Carolina
moved 10 i~ia're nxulve slaves and servants 10 be de-
"Mr. Sherman. Of Connecticut, no more propreiy
in tbs public sez,ng and sunendering slave or servant
than horse" Madison Papers, li77-so
In consequence oi this ohecton the language oil The
changed 10 what we now nnd H. SO AS 10
accomplish The thing without offending The northern
delegates by the use oil The term slave winch was onen
sive To them
Before the constitution adopted, and when it was
beng discussed in the State conventions Mr. Pnckney
said 10 the people OF South Carolina 1--WE have oh
tanned right 10 slaves in whatever pat OF
America they may take refuge which Is right we had
not before"
ton OF State that the provision intended TO refer
to slaves, but that "the northern delegates, owing TO
their particular scruples the subject of slavery, did
not choose The word slave 10 be mentioned"
Mr. Madis0n said the same thing IN Virginia and he
knew much. and perhaps more than any other man
OF the proceedings OF The convention which framed our
constitutions as be was the great working of that
coAvrnton and to whom indebted ter faithful and
accurate reports Of lis proceedings.
bosdes, II - well known IAct that the constitution
could never have been formed adopted had not the
southern people had then rights secured IN reference TO
the absorbing subject Of savrryno only as 10 the rec
AmaliOn of fugtves from labor, but their political rights
also in making the slave population part OF The basis OF
representation in the national councils This double
aa nyy
stood and acknowledged, The history of The times
the interests z. stake, which hung upon this sngl
question the formation OF the government. utterly pre-
Guide any Interpretation being given the clause
question than that which universally conceded BY all
we'll wshe,s OF our country and It's unimpared hatlo-
alify.
but even it hard and rigid construction of the con.
stituton. conendeI for by The anlisavery advocate
could BE- held to be The true one, are we OF the North
10 be guilty OF the monsrous fraud OF denying our ow
solemn engagements as understood al lis adoption Are
we 70 lura round say rrue. particular request
the word Aare not mention in thai instrument, bu,
vet will now deny the essential elements vi com
pact with southern brethren, and thus defraul then
OF their rights under color OF law, and det,aud them
of their property, and that oo by The very OF thu
instrument adopted tor their projections tell you, MI.
Speaker there is high court OF chancery-the court Of
chancery in winch the great seal is held by the people
that would cut right through such raud and repudate
and disown vile concociors and and for
this Goriian knot Of dnicty aud double alng
The Peter Teaze and sanier Spooher Construction Of
the constitution contrary all settled rules. The broad
bald facts Ot history TINS subject stand out in I'D
lief aud the living expoundes OF ife meaning Of that
instrument he iHlFesl and most RATIONAL
Black une 'to interpret the will OF the egslaor is By
exploring his intention at The time when The law
made by signs the most natural and proper and these
signs either the words the context The sublrct.mai
ter the effects AMI consequences, the sp and
OF the law" I'll The wOEIs happen 10 be dubious, We
may establish their meaning IRON the context" Some
consider the phrase persos held To service labor in
the clause referred 10, dubious. Abonions,s add ia.
natics may say that does no, slaves in The
implied By the common acceplaton OF that Term And
on this subject Blackstone again say ",he most nniver
bal and effective way of discovering the meaning oil
law where the words dubious BY considering the
reason and spirit OF IT. or me cause rhia moued The
legislature to enact ""
But. sir, what OF Congress OF the 18th Febu
ary 1893 ar.ei in conformity with the clause referred 10
In the constitution OF the United Sates the provisions OF
which repealed by the alpotent OF The
PENNEY vanx legislature Of the 81 March, lSa7l read
from Gordon's Digest. pages e0l-2:
"Where any person held labor any of United
States, or la either OF The Ternofies
south OF the Ono under the laws the eo shalt
whom such labor be- DUE his agent
ornry 10 hereby seize fugitive
from laDor, and 10 lake her before any Judge
circuit or d,sict cous Of the United States residing or be
ing within the State before magss'e Of county,
cIy Of town corporate wherein such or arrest
be made and upon proof satisfaction such judge
or magistrate, either by oral testimony affidavit taken
Tsri.oy person arrested DOTH unde,
the laws Of the Stale Territory from which he .he fled
shall be the duty Of such Judge magistrate give
tnca,s thereof TO socn elsnsnr, his agent attorney,
g,vs from labor 10 The STATE or Territory from which he
she fed ="
This expressly authorizes the person TO whom the
service or labor be due, or his agent
take the fugitive before any magistrate OF county. city,
or town corporate wherein said fugitive shall be
rested and asO authorizes such magistrate and epions
upon him NJ duy 10 give certificate of removal
owner Of the slave his agent attorney. when
proof 10 Sufficient TO esabsh The fact OF the fugitive
owing such service or labor Now, this is an ea press
power given BY the highest legislative authority OF the
country, and is entitled the obedience OF every State
The confedeacy and 10 the obcd ence OF the people and
constituted authorities of every State.
But il 10 said thai ae Supreme Court OF the United
States, in the OF irIggr the Commonwea ith OF
Pennsy wanna. decided that all legislation by the States,
auxiliary to the design OF the act OF Congress OF 18th
February, 1898, IL unconstitutional and void. The
OF Pr,sx never decided that, will appear from
fui examination OF the reasoning OF the court and that
was mol the point Tor adjudication before the court Ii
decided that our act OF asseAby of 25,h March,
asmuch rs. while proessed 10 aid the TO recover
his fugitive save, threw impedmepts IN the
way, and often prevented bis doing The OF Con-
gres IVES ehcient enough, and binding upon justices Of
the peace or magistrates, without the stepping OF the
legislature ofbdcing the justices OF The peace from
acting in the premises, and substituting The Judges of
courts Of common pleas IN their and sltad grant
certificates OF removal The real point decided in the
case OF Pngg is cooeisely stated in the syabus from
which read, &c Peter, 500
The clause the OF the United States
Ting to iogitivcs from labor nsnestly coniempates The
existence positive rghs On the par OF the
o~ner OF tho ,isve which State law regulation
any way qualify, regulate control, rcsain Any Slate
NV ,esnist'on which istefuPs, ntts, delays, post
Pone' me rights of the owner 10 hs
Of his sery or labor oprrst, no famg disen.rve o
1n.