The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-11
JUDGE NELSON'S CHARGE.

e,rrid Of The benr."-N. Y Express Of Tuesday
JUDGE NELSON'S CHARGE.
ruE NECESSITY or THE FUGITIVE SLAVE LAW
desire TO call your attention, with some particularly
recent acl Of Congress, commonly called The lugi,
five slave law" passed September Is, 1850.
This act has been the subject OF much comment since
;s massage and OF various and conflicting opinions, both
as concerns the constitutional principle involved and The
matters ID detail mbodied IN its several provisions is
law against which open resistance 10 its execution has
and in others whether constitutional not AS all per-
sons concerned, directly or indirectly in this resistance
or in any obstruction TO its due execution. guilty of
an offence and subjected to heavy punishment criminal
w. and also by civil damages the aggrieved party il is
proper that the law should be understood that those
il any there be- who have made up their minds TO dsobey
il may be fully appnzed of the consequences.
The act you are aware, was passed for the purpose
Of carrying edectually into execution provision of
the constitution of the United Staiesnamely, part OF
the second section OF the fourth article.
That provision is as follows "No person held to ser
vice or labor ia State, under the laws thereof,
Gaping into another shall in consequences OF any law or
labor shall be delivered up on claim Of the party to
whom such service or labor may be DUE"
4 SLAVE STATES IN i7s7-FaEE STATES IN 1851
At the time of The adoption Of the constitution by the
convention (Sept II, l7s70 slavery existed. believe,
posing the confederacy About one-hlteenlh OF the pop
ulalon Of New York were slaves. The proportion of
the New England States was much less also in Penn
n
all the original States therefore, interested
less in the adoption Of this provision into the consu
,ion but especially The southern States, where,
speaking generally and without strict accuracy, about
half the population consisted OF this class. s
1t was however, anticipated that, in The progress OF
time, slavery while il would increase IN the South,
would diminish and hnaly become extlnguished IN The
North.
So Just was this provision regarded the lime by the
members OF the convention and necessary Tor the secu-
ry Of this species Of labor and the existence OF friendly
relations between the different members OF the Union,
that it adopted without opposition, and by unani-
nous vote.
THE CONSTITUENCIES GIVING UP fUGIrIvEs.
Il was of the deepest interest 10 the southern States, as
without the provision every savehoting State IN
the Union would have been al liberty according 10 the
general law of nations, 10 have declared free all runaway
slaves coming within its limits and to have given them
harbor and protection against the claims OF their masters
We need not say al this day that such state oil things
would have led inevitably to the bterest animostes,
especially border States and source
operpeual strife and OF The erce passions between the
northern and southern portions oi the Union The evil
felt at the time by the southern portion, the art-
ces of confederation contained such provision and il
was to guard against H. and to lay foundation that
would afford future security and preserve the friendly
ons and intercourse OF the States that the provision
Incorporated into the fundamental law.
IMPORTANT BIsToRIcAL TRUTHS.
No one conversan with the history OF the convention
and particularly with The difficulties that surrounded this
subject in almost every stage OF lis proceedings, can
doubt for moment that without this, or some equiya
formed II was Of the last importance 10 the southern
portion Of the Union, and could have been
cered without endangerng their whole interest IN tLis
species OF property IL Is not surprising, therefore, that
il is still adhered 10 with unyieding resolution. and is
made the groundwork Of question upon which the con-
unued existence of Union thus formed is made TO de-
pend The clause in the constitution Is general, aud
SIMPLY declares that the slave escaping into another
State shall not thereby sbs discharged by any law OF
regulation OF the State 10 which he has fled, but shall
be delivered up on claim OF the person 10 whom The ser
vice is due.
The mode Of delivering up to the claimant is not pre-
erbed and until regulated BY law, continued 10 be the
source o embarrassment 10 the masters, and OF disturb
ance and dlsquetude among the States. ~ ILAt
THIS led 10 the rs act OF Congress, passed 18th FebTu
ary, 1923, during the sitting OF the second session held
under the constitution. II enacted by body OF
men, several of whom had been distinguished members
The convention, and is framed in It's leading features
10 the spirit OF the provision Of the constitution which
was designed 10 carry into eteci II is signed by Jona
ihan Irumball, OF Connecticut as Speaker OF the House
Of Representatives, John Adams, Vice President, and
Pesden, of The Senate and approved by George Wash
ingon, President of the United States, and passed
he urgent recommendations OF the governors OF Penn
tlyana and Virginia, between whose States a diihcuy
bad arisen in the surrender of fugitive slave.
The frs, section the subject declares that when any
person held 10 labor IN any OF the United States or IN
ebe OF The Territories under the laws thereof, shall
escape into any other State Territory, the person TO
whom such labor may be due shall be authorized TO seize
osnes such fugitive and take him her before any Judge
the circuit or district courts OF The United States re.
siding or being within the State or before any mag strate
oid county, cry, or Town corporate, wherein such az
rests shall be made and upon proof To the satisfaction o
he Judge or magistrate, either by oral testimony or ai
hdavn That the person arrested service to the
person claiming hmo her, shall be the duty of the
qoge OF mag sale 10 give certificate thereof TO such
claimant, which shall be sufficient warrant for his
her removal TO The State Territory from which he or
she fed.
lhe remaining section inhicts penalty upon any per-
soh VINO knowingly obsfucts hinders the claimant
nom aHest,ng the fugitive, or rescues the from
num- OF hafbors or conceas the fugitive after notice.
SLAVE LAW IN OPERATION FOR OVER FIFTY YEARS.
his act has been the statute. book and IN opera
uon Tor more than fifty. seven years. and It's consi
muonalliy recognised and affirmed by the courts OF Mas
saehnseit., Pennsy vana, and New York, and by the
supreme Court OF the United States in Prigg the Com
monweallh OF Pennsylvania, and has never been dened
noticed
ihe case Of Prigg ps the Commonwealth OF Pennsyl-
ha IN the courts Of that State. is exception to the
remark, as the jury found special VERDICT and the
Judgment was entered pro forma by agreement OF coun
lof he purpose OF carrying the question before the
supreme Court t. Ea.faI7s3 &s t4 s&IrE
Doubts had been expressed, and in some instances
welded opinions given by Stale judges that u was mol
onpeien, for Congress 10 confer upon State magistrates
me power 10 carry execution law OF Congress- in
nmueh as The judicial power o the federal government
was vested by the cons,tution in Supreme Court and
such Inferior courts Congress might ordsin and e..
SGolsh. II was also argued with much ioroe ihat ~
possessed h. powst night t burden nuS 1e b sae o
compatible with OF cnbarrass the faithful discharge OF,
@ss which concerned the State. tF tEr FL,
MnneDced by these views, some other, the egsia
ue' Of some Of the States passed laws forbdding Their
Nn magistrates from acting under the law IN Inc sur
,enoet Of ingiives, and enforced the prohibition with
aseayy penalties. II il not doubted but that was en-
ey competent for the State 10 prohi Bit their magls
ss lion assuming the duty ol executing the law ou'