Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-07-05
NATIONAL INTELLIGENCER
IMPORTANT JUDICIAL OPINION.


We have read with instruction, and with convic-
ton upon all points, the following learned and lu-
minous Discourse, delivered on recent occasion
by wise and upright Judge of the United States
Judge THOMAS IRwN) in the Western District OF
Pennsylvania. 1t is cheering reflection to the
friends Of the Constitution that not United States
Judge in any part of the country has, in the con-
jnncture of the last year, for moment failed in his
allegiance to the laws, his determination to main
tain the institutions Of the country.
In the District Court of the United States for the
Western District of Pennsylvania, held at WI
Transport, at June term, 1851.
CHARGE.
Gentlemen of the Grand Jury. Having learned from the
District Attorney Of the United States that bills will be pre-
sened you this term for the violation OF late act Of Con-
gres respecting persons escaping from the service tneir
masters have thought expedent and proper for reasons
which will readily you to give 70 in charge some
notice of that act and Of the important matters connected
with it. well assist you in your duties as to make KNOWN
through you the people represent the essential provl-
sons of the law, the rights which secures, and the oDga
tons which it creates this time necessary from inor-
nation entitled the highest respect there is reason to be-
eve that this part Of the State opinions exte-
svey prevail Of the most injurious tendency exciting tumu
and opposition the law 1t is supposed by many that Is
unconstitutional by others that was inexpedent novel;
oppressive and unjust its features and BY not lew that
s in opposition higher law-meaning, supposed the
law of God and therefore that there not only moral and
religious obligation to disregard it, by refusing, when
say cooperate in its support but to obsruct and resist
whenever occasion offers might be enough, on ordinary
occasions, when obvious truths readily admitted without
discussion say to these that all laws
be presumed be constitutional and to require obe-
dienoe until they declared be otherwise by the aPpo-
pirate legal tribunals that their e1pedency must necessarily
be submitted alone to the legislative body to which cons-
fsnno hat
will dspove the assumed novelty that oppression, cruelty
and injustice may be said Of any law which Furnishes man
for taking away the property Of another contrary to its provi-
sons If the interests and passions of could be excited IN
favor Of The offender and for the against any
other penal law that the constitution and laws Of our coun-
try supreme, and never with safety to the Govern
ent its citizens, and without breach Of allegiance, be
made subordinate to any supposed higher obligations OF re-
gion and morality.
But the aspect Of some or Of all these objections in the pub
Lie mind, the agitation which has grown out of them, and
in the administration Of the laws, induce me to give to these
matters more extended consideration.
The fourth article and second section Of the Constitution OF
the United States is in the words following "No person
held labor service State, under the laws hereo
escaping into another SHALL consequence OF any law or re-
guaon therein. be discharged from such labor or service but
shall be delivered up the claim Of the party to whom such
labor service shall be due"
This clause must no. be regarded as is often contended
as concession the Southern States but security for
preexng right upon which their safety social and
property depended recognsedn this BY all the States
and entitled respect and to be held nviolabe
any other the instrument contains The parties were
eregn States and surrendered for the welfare Of the whole
portions Of that sovereignty resevng all OF Govern
ment not expressly delegated upon their original foundation
unimpaired to be asserted and maintained whenever and
wherever and such might seem to such states
expedent and proper. With this reservation they formed
perpetual compact Of union, based upon the delegated
which severaly equal in power, force and obligation
No State can, therefore, without breach Of this compact
make its territories suffer them to be made, an asylum for
fugitive slaves.
/, Is historically known that the fourth article Of the
sution adopted by the unanimous vote Of every State
without dissenting from the Northern states that It
approved by the people and that there was no lnacon
of this article and question connected with slavery in the
Northern States agated disturb the harmony and saiet Of
the Union until comparatively late period.
This general If universal disposition on tne part OF
the people respect and maintain IN good an the gns
secured by the compact made unnecessary TO pass any law
give tect to the cdh article prior to the 18th OF Feb
ruary, 1898 and then the remedial law Of that date
was enacted not fugves from labor bad escaped
and cl legal reclamation were provided but as II
appears from State papers, because difficulty had arisen be-
tween two Of the States Pennsyvsna and Vrgina as to
the demnd Of the former and the refusal of the latter to de-
liver two fugitives from justice In the discussion which
this demand rise to the parties became satisfied that the
4h article Of the constitution could not be executed without
sremedal sw and upon this opinion being made known to
Congress, that body passed the act Of 1893
The LIST and I'd sections of this relate to fugves from
justice, the I'd and Sd fugves from labor The Sd
tive from labor to seize arrest such fugitive, and take him
her before any Judge Of the district circuit court Of the
United States residing within the State, before any
gsate of cty county, town corporate wherein such
seizure made and proof Of owing service Or labor TO
the claimant either by affidavit other evidence taken before
judge magistrate Of the State from which the fugitive
escapes the judge magistrate of the State in which he or
che arrested shall give certificate thereof to the claimant
which shall be sufficient warrant for removing such fugitive
The 4th section imposes penalty upon such ss obstruct
the claimant IN ezng the fugitive, such harbor conceal
rescue him.
II will be remarked that the Sd section Of this act except
the authority given by il the State magistrates merely
prescbes the mode by which the Sd clause Of the 4h article
OF the constitution be carried into effect adudca,g
the claim OF the owner Of the fugitive save the certificate
being the result Of the proof Of the claim
Although this act had received conemporaneous exposi-
ton, and had been long acquiesced
brought question in the Of the several States Of the
Union and before the courts Of the United States hut il
uniformly sustained and regarded containing udicious
which it's relates
In the year 1896 when there general disposition to
regard in good faith the constitution and laws the United
Sates this subject the State Of Pennsylvania passed an
ac Of the expressed objects Of which enable the
owners Of the ugves from labor TO obtain their reception
and delivery by the process evidence and certificate Of State
magistrates in substance and nearly in words the same
are contained in the Of 1898 and 1880 Indeed 10
obvious a the Sd section Of the State act 10 partly copied
from the ID section of the Law of the United States of l793
No law suained BY higher authority, legislative
executive and Judicial and may be added, If the aeques-
Of than quarter Of century be any test Of re-
pcct none wss repscte BY the people yet auhoy
respect. and time alike dnegarded BY paran sections