Weekly national intelligencer., 1851-05-10


Of the other would be 10 vain for the ofhs free
State insist that they would enter into such compact
because slavery wrong and unjust each sovereign power
has right by the Reorganization of nations TO decide for itself
upons own internal condition and regulations. within s own
territory This principle has been acknowledged by ell
ons even those whose policy, laws administrations slave
y obnoxious II the refusal TO enter into such treaty
could have abolished slavery in slave State il might have
been motive with free State to refuse But manifest
that would not except by and conquest depending not
upon principle Of right JUSTICE or policy but the PrePon
derance of physical force.
The evils existing Immediately before the adoption Of the
constitution and the greater and more appalling evils IN pros
pec indicated the absolute necessity Of forming more per-
feet Union in order the peace and prosperity OF all
the States This could only be done by the several ssles
and renqushng portion OF their powers of SOW
eeigny and these the right OF and peace the right
of making treaties with foreign Powers and with each other,
and the right of exercising absolute power and dominion
persons and things within their own territories
w. In order form this perfect Union, delegates from
tie several States met together was obvious that the re-
nuncaion Of Of the powers Of sovereignty, at least to
the extent above mentioned the first step to be taken
and was absolutely essential to the Of scheme OF
Union But it could but be perceived that the great d
ference in the condition Of the States in regard to the inst
on Of slavery and the prospect that many OF the States woud
soon become free from then In operation, constituted
difference in their relative condition, which must first be
yided for so long the States remained sovereign they
would assert their rights in regard to fugitive slaves by war or
treaty and therefore, before renouncng and surfendenng sucn
pact must necessarily be devised and agreed TO- The clause
alb I'VE cited from the constitution seems to have been IN cha
racter preci ely such treaty
was solemn compac entered into by the delegates Of
States then sovereign and independent and free to remsn
on srea, ard the highest considerations Of JUS
e and policy and reciprocal benefit and in order to secure
the peace and prosperity Of all the States II carries with IT.
therefore, all the sanction which belong to it, either
international social compact made by parties invested
with full powers to deliberate and act; and also, funda
mental law agreed on, the basis OF Government ire
pealab and be changed only by the power that made IT,
in the form prescribed by IT,
Such being the circumstances under which this provision
Of the constitution adopted such the relations Of the
era States edch other the manifest object which the fra
es Of the constitution had in view, to look at the
clause in question, to ascertain its true meaning and effect
We think intended to guaranty to the owner of slave
living within the territory Of State in which slavery per-
mited all the rights conferred upon such by the laws
of such State and that State should make its territory
asylum and sanctuary for fugitive slaves by any law or re-
guatioR by which slave who had escaped from State
where he owed labor service into such State Territory
should avoid being recaimed it designed also to pro-
vide practicable and peaceabe mode by which such ug
tive upon the claim of the person whom such labor
vice should be due, might be delivered up.
But the right thus secured by the constitution to the slave
owner is limited by it. andcannot be extended by implication
or construction, line beyond the precise cass eas The
fugitive must not only service labor in another Stale,
but he have escaped from it. This is the extent Of his
right II is founded in the compact and limited by the
into this State by his master in the of bis occupa
ton or employment brought here without having escaped
he is not within the law provided for by the constitution
(Com. " Avis, .ls Pick s#
in bringing permitting him to be brought within the
limits Of free State because the law by which the per-
is held to slavery in his State is local. and has
exa-teroral operaon and because he not within the
provision Of the constitution, under which he may be lawfully
removed, not having escaped.
Upon the same principle j. held, the return Of
writ habeas corpus before in VACATION that person who
slave in Virginia, belonging to officer Of the navy,
and who had been taken out by such officer by the special
permission Of the Secretary of the Navy and where the ship
had been ordered Boston her return from cruise, and
the crew to be discharged there that such slave could be
taken back to Virginia by force and against his will because
the master had power to imprson him within the limits Of
this State him by force from them, under his
raj authority as an owner by the law Of Virginia. and he
not liable to- be claimed fugitive under the provision
Of the constitution, because he had not
Fitzgerald Law Rep. 379.)
To the extent however, which this privilege or benefit,
that of securing the return of owing service or labor
State who had fed and escaped into another, this
provision Of the constitution must be regarded complete
and sufficient to the proposed right But the constitution it.
self did not profess propose to direct in dea how the
rights privileges benefits and mmunies intended be de.
cared and secured by should be practically carried into
effect this left to be done BY laws be passed by the
Legislature and applied by the Judiciary for the establish
ment Of which full provision at the time made
the powers incident sovereign State between the Gene
Government of the United States and the Governments of
each particular State distribution not depending local
limits but by selecting ceftsn subjects Of interest
and placing them under the entire and exclusive jurisdiction
Of the General Government such for instance the foreign
relations Of the country the subject of and peace treaties
the regulation of commerce with foreign nations and among
the several States, and with the Indian tribes These
few Of the prominent subjects by way Of Illustration
And the theory Of the General Government that these
Subjects in the full extent and entire Details being placed
under the jurisdiction of the General Government,
say Withdrawn from tie jurisdiction of the State and there
fore become exclusive And this necessary prevent
slant collision and interference and It obvious that must
be because two distinct cannot exercise the
same power at the time the subjectmatte
This is not left implication. But il is expressly de-
all laws which shall be necessary and proper for carrying into
execution all powers vested by the constitution in the
Government Of the United States, n any department or
officer thereof
And by article VI this constitution and the laws Of the
United States which shall be made in pursuance thereof and
all treaties &C., shall be the supreme law Of the and and
the judges in every State shall be bound thereby any thing in
the constitution laws Of any State the contrary notwh
standing All such laws made by the General Government
upon the rights duties and subjects specially enumerated
and confded TO their jurisdiction necessarily exclusive and
supree as welby express provson by necessary imp
cation And the General Government il provided with its
Executive Legislative and Judicial Departments not only
to make laws regulating the rights dues and subjects thus
condedio them but to administer right and justice respecting
them in regular of udicaon and them be
carried into full execution by its powers without depen
dence upon State authority and without any lei restraint
imposed by II.
II was, we believe under this view Of the right Of
gaining specifically the custody of from whom service or
labor due by the LAYS Of State and who has escaped