The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-08


N psrsons concerned directly indirectly. IN this
sncs or in any obstruction 10 its due execution,
M of an offence and subjected to heavy punishment,
aax II l. proper that the Law should DO unaersood
10 mat those If any there BE-, who have made up their
minds disobey IT, may be fully spprsed Of the conse-
The act as you are aware passed the purpose
of carving ecctuay into execution provision Of
ths constitution Of the United statesamely. part IL
the second seconof the fourth article That provision
is follows NO person held 70 service Or labor IN one
state under the thereof escaping into another shall
in consequence any law regulation therein be dis
charged from such service or labor but shall be delivered
up claim the party TO whom such service or labor
the time Of the adoption Of the constitution by the
convention 1851 slavery existed believe to
extent or less in each OF the States then COM
posing the confcdtracy above fifteenth Of the popu
intion of New York slaves The proportion Of the
New England States much less; also in Pennsylvania
and New Jersey the same New York All the org
nal States therefore interested more Or less IN the
adoption Of this provision into the constitution. but
more especially the Southern States, where speaking
generally and without strict accuracy about half the
population consisted Of this class
IL was however anticipated that in the progress Of
time slavery while would increase in the South would
diminish and finally become extinguishcd in the North
SO just this provision regarded at the time by the
members Of the convention and for the security
Of this species Of labor and the existence friendly
Nations between the different members Of the Union that
IT was adopted without opposition, and by unanimous
vote.
1t was Of the deepest interest to the Southern States
without the provision every nonslayehodng State
in the Union would have been at liberty, according to
away slaves coming within its limits and TO have given
them harbor and protection against the claims of their
masters. We need not say this day, that such state
OF things would have led inevitably the bittercst ami
mosites especially between border States ana have been
the Of perpetual strife and Of the erccst passions
between the Northern and Southern portions OF the
Eniop
The evil was felt at the time by the Southern portion
the articles Of confederation contained no such pro-
vision Il guard against IT, and q lay foun
dation would afford future security ard preserve
the friendly relations and intercourse Of the States that
the provision was Incorporated into the fundamental
law No with the history Of the
ticn. and particularly with the difficulties that
rounded this subject in almost every e its proceed
ines, doubt. fer moment, that without this,
equivalent provision the constitution would never
have BEEN formed II II the last Importance TO the
southern portion q the Union and could not have been
surrendered without endangering their whole interest in
species 81 property II surprising. therefore,,
That is t adhered to with unycldng resolution and
II made the groundwork of a question upon which the
continued existence Of Union thus formed, is made
depend
declares that the slave escaping into another state shall
not thtr,h discharged by law regulation Of
fhe state 10 which lac has fed but shl he delivered mn
on claim Of the person 10 whom the service Is due
The mode Of delivering up TO the claimant i not
seribed end until regulated by law continued be the
source uf embarrassment to the and OF disturb
and disquictude among the states.
This led TO the first acof Congress passed 18th Febru
ary 1888 during the sitting Of The second session
under the constitution 1t enacted by a body OF
ncn several of whom had been distinguished members
Of the convention and framed in its leading features in
abe spirit Of he provision Of the constitution which it
designed to carry into effect. 1t is signed by ona
O
ID Representative John Adams. Vice President and
President Of the senate, and approved by George Wash
ingtt President OF the United and was passed
the urgent Of the Governors Of Penn
syvsnia aud Virginia between whose States difficulty
had arisen in the surrender Of fugitive slave
The first section the subject declares that when
any person held 10 labor in any OF the United States
either Of the territories under the laws thereof shall
cape into any other State territory the person 10
whom such labor may be due. shall be authorized to
seize. arrest. such fugitive and take him her be-
fore Judge II the Circuit District Courts the
res or bsfD rKfh hin he state Ia
fore any magistrate II county city town corporate
wherein such arrest shall b made and upon proof the
satis faction Of the Judge
tmony affidavit that the person arrested
wee 10 the person claiming him or her, il shall be the
suty cf the Judge magistrate. to give certificate
thereof 70 such claimant which shall be sufficient war
rant FOR his or her removal TO the State territory from
which he or she fed
The remaining section inicts penalty upon any por
shn who knowingly ohstructs hinders the claimant
ION arresiing the fugitive Or rescues the same from
This act has been the statute book and operation
,or more than my seven years and It's consuonality
recognized and affirmed by the courts Of Massachusetts
Pennsylvania and New York and by the Supreme Court
q the United States in Prcgg The Commonwealth Of
Pennsylvania. 10 Peters 43e q Pick Rep. IL; COM
nonverth Grifen; scrg and Reulc: o. Wright
~. Deacon; Johns Il. ~ Glen Hodges ana i
Wend Rep; 81 Jack ". Martin = e. l. ID je-j and
has been denied by any with the qualfca
lion that viii ~ presently noticed.
The case Il Prcgg vs The Commonwealth Of pennsyl
rania in the courts Of that state is exception 10 the
remarks rs the jury found special verdict and the
NJ was entered by agreement II counsel
nY.mo COM, 80 - VF'V1N 80 -
Doubts had been expressed and in some instances.
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