The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-26

provisions too plainly written in the constitution 10
be mistaken or disregarded with impuny.
The constitution, article fourth, second subdivision OF
the second section, relating to ugiuves from Justice as
follows: .ss#f
"a person charged in any State with treason felony OF
other crime, who shat neo from justice and be found in
another STATE shall on demand h q The sxecaye authority
moved the State having jurisdiction of the ersms"
The third subdivision OF the same section relating 10
fusitiyes from service, is as follows:
.No person held 70 service labor in State unde
The laws theIeo escaping into another shalt in
quence OF any law or reputation herein be discharged
Of The party whom such service or labor may be due"
In both cases the fugitive is to be delivered up sum
marily upon proper evidence and in neither case, nor
he State to which he has fed can Congress do more
Than 10 provide that he shall be delivered up" The
theory OF the compact is that the fugitive will be Justly
dealt with in the jurisdiction TO which he s returned Il
was assened TO this conidng spirit and have yet to
learn that the practice is otherwise And if may dis
trust their Of justice on the one hand and there
fore violate the constitutions they may, with far greater
roprey dsiTust the other and thus, having the
ssncton Of that Instrument for just and necessary pro-
yison OF the fundamental law system OF conflict and
violence will be substituted
The grievance upon the subject OF fugitive slaves will
be rsdsssed whenever the masses OF the people in the
prsc,ised in their under the garb OF benevo
and superior sancy; and to the end that may be seen
how the question has been viewed by courts and judges
our constitutional obligations, shall append to these re-
marks brief extracts from the opinions OF Chancellor
Waworh and Justices Nelson Mclean and Story, upon
the subject a...u a.4nE
In the supreme court of New York. in the matter Of
Jack colored man, charged fugitive. Mr.. Justice
Nelson then justice OF that court in speaking of the
clause OF the constitution requiring the restoration of fu
gtives, said:
"his psremptoy and unqualified that he shall be
vered up the claim of the party to whom such
The light of The owner reclaim the fugitive in tho
State which he has fed has been yielded him by the
States, Without this provision it would have been Pc
tent them have wholly denied such claim, have
"Au this power they have parted with, and the owner
now only unqualified right TO the possession but
has tho guarantee OF the constitution in respect TO "
In The same matter in the court for the correction of
errors, Chancellor WalwoIth says:
sc either BY the individual States o. by Congress. the
person whose services claimed is in fact fugitive from
ssrvude under the Of State. constitutional
provision operative thar re shall be delivered wp his
So ana ss
taken the usual oath to support the constitution thereof
deprive the master Of his right rec.pue. when
there no real doub. that the person whose services
claimed 10 In fact the slave OF the claimant"
In The Supreme Court OF the United States in the case
Of Pngg Us. Commonwealth OF Pennsylvania Mr.. JUS
tice Story says:
.The clause the last importance the safety and
surrendered by their without endangerng their whole
sv s 90 @
fame ot-a proof at once OF its intrinsic and practical
How. then. to interpret the language of the
clause TIE true answer l.. IN such anntr as consist
right must become shadswy and unsubs,an,iai and with.
smother mode win attain its just end and
fest purpose ii would SEEM upon principles of reasoning
court justice be authorized oonsrue any clause
Of the constitution to defeat its obvious ends. when
another construction equally accoIdant with the words and
thereof, VIII enforce ana protect them
.The clause msnifesy contem plates the existence of
positive, unqualified right the part Of the Of the
slave which STATE iaio qualify, regulate,
control The slave to be discharged from
or labor IN con"q.s~es 81 any State or fap rsga
criticism upon words, it may fairly and reasonably be said
that any State law State regulation which interrupts
immediate possession Of the slave and the immediate
msnd OF his service and labor, ta~to, dis
charge OF the slave theieirom
In the same case MIR. Justice Mclean says:
Without adverting to other conflicting views and inter
Of the States represented in the general convention,
the subject OF slavery then, is most delicate
considered an evil and strong opposition to H. In all its
forms, felt and expressed In others u was viewed
cherished right incorp orsed into the social compact and
s.crsdly gusrded by law.
!" Opinions conflicting, and which deeply pervaded
The elements OF society, could be brought Teconciled
action only by exercise Of exalted patriotism.
"Fprtnnstely Tor the country. this patriotism
wanting 10 the convention and IN the States The danger
of discod and ruin and felt, and acknowledged
and this led the formation OF the conederacy The
stuon, 1t is, be said have EMBODIED IN all Its
the peculiar views OF any great section OF the Union
but adopted by wise and far reaching conviction that
the best which, under the crcum could be
devised and that It's mperectons would be lost sight Oh II
not forgotten, IN The national prosperity aud glory which
'The language of the provision is general IL the
whole groundnot in detail, but Ia principle Tue States
inh bi,ed from passing any law regulation which
shall discharge fugitive slave from the OF his
ter ; aud a positive duty is enIoined them to deliver
him up, on claim OF the parry whom his service may