The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1852-09-30

By express compact alone could this be secured
But the provision of the Constitution was borrowed
from the Ordinance of the Northwestern Territory,
which is expressly declared to be a compact; and
this Ordinance, finally drawn by Nathan Dane, was
again borrowed in its distinctive features from the
early institutions of Massachusetts,, among which
as far back l643 compact of like nature
with other New England States. Thus this provi-
sion is a compact in language, in nature, in its
whole history; we have already seen it is COM
pact, according to the intentions of Fathers and
the genius of our institutions.
As a..compact its execution depends absolutely
upon the States, without any intervention of the
nation Each State, the eGsrcise of its olcn judg-
ent, a1N determine for itsefth precise extent of the
| obligations assumed. AS compact in derogat1on
of Freedom, it must be construed strictly in
respect-leaning always in favor of Freedom. and
stunning any meaning. not clearly obvious, which
takes away important personal rights; mindful
that the parties to whom it is applicable regard
ed as persons of course with all the rights OF
persons under the Constitut on; and especially
mindful of the vigorous maxim of the common
law, that he is cruel and impious who does not al
ways favor Freedom, With this key the true in
depreciation is natural and easy.
Briefly, the States prohibited from any 'slaw
or regulation by which the fugitive may be dis
charged, and on the establishment of the claim to
his service, he is to be delivered up. But the mode
by which the claim is to be tried and determined is
not specified All this is obviously within the con-
Vi
press legislation, in which event any Legislature,
Justly careful of Personal Liberty, would surround
the fugitive with every shield of the law and Coz
stitution. But such legislation may not be neces-
sary. The whole proceeding, without any express
legislation may be left to the ancient and authentic
forms of the common law, familiar to the trainers
of the Constitution and ample for the OCCASION
If the fugitive be seized without process he will be
entitled at to his writ de Homine Repegiando,
while the master, lesorting to process may find his
remedy in the writ de Natipo Habcndo-each writ
requiring Trial by Jury. If from Ignorance or lack
of employment these processes have slumbered in
our country, still they belong to the great arsenal
of the common law, and continue, like other an
cient writs, tanquam gladum in ragina, ready to
be employed at the first necessity. They belong to
the safeguards of the citizen. But in any event
and in either alternative the proceedings would be
by "suit at common law" with Trial by Jury; and
it would be the solemn duty of the court, according
to all tho forms and proper delays of the common
law, to try the on the evidence; strictly to ap-
ply all the protecting rules of evidence and espe
ciay to require stringent proof by competent wit
nesses un er cross-examinaton, that the person
claimed was held to service; that his service was
due to the claimant; that he had escaped from the
State where such service was due; and also proof
of the latos of the State under which he was held
Still frih 10 the State ct he-