New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-22

tist this BOY bis servant they we're intimately
Acquainted With the fsmiy with whom th-y f~qu-nfy
VISITED ard alwsys this defendant acting IN the csDsc
ity This witness also corrobor tied the s'ste
MEET of Misrs son. As IL the Abscond ~ OF this boy
ard stst.s the time and circumstances Of bis leaving
JAMES Kelly brother Of the last Sifaess. corrob"r>tes
the testimony previously given de also was intimately
acquainted With hr Mlsrs family snd bad kno.n thls
boy eleven Twelve years; he knew him IS the ser
want Of Mr. Miller
The wzess Yocum corroborstss the first three Hshsd
lived the parties for msny during which this De
fei cant nploysd managed and controlled - the ser
Mr. Trsder Deputy United States Msrshs states con
sfion bad with Mcuerry who sad that Miller Sss ois
master and expressed regrets thst h. bad lett hs sr
vice esd be vas persuaded by Steven" who sos'ond
/ ed at III. same time.
! This sateuepts corrobors,sd by Mr. Black 70 whom
McQuerry confessed that this his and that be
LEFT him under the circumstances stated by the other vii
uesses
Now 80 far a. the status of this indivdu. concerned
xoulo be difficult TO present which you'd
clearly establish ihs csim Of Henry M-rths l. par
teuSr arc CT crmstantalso entirely uac nrrs1ictst
the result of the clear
est and ciGo conviction hat this person ss 10 the
condition OF servsnt in Kentucky have never 10 sny
that have irvestgsted-oases where damages are
claimed shich present similar ponts-knowna clam more
clesTly made cat
hss bee, urged that i, has not besn prov=n that Kso
uCby slsve-hodng State. Judges If the Sapr-ms
Court of the Init States recognize the laws of the
States do tie STATE G. urs the laws o. each c0suy.
TIE grsci of the Supreme Court of the uoit-d
sis,s pds tnroug The Union aud into the Terrific
lis judges presumed to know tbs isss of each
State, snc the 1tsnt Of State jurisdiction
do that such would be the rule this
irsfop before State Judge OK Commssi >nsr Ct tho
Unded States.
In rsny Of the S.ates special sw has been passed To-
1ins the ws OF other states In such
nothing exhibition Of the statute lag would
he nec.sssry But ~her- trial LIKE this hld IN Stats
where such provision exists the state Judge aud per
bsps ihs Commissioner might legal proof 81 the
existence Of Ss'.ry in the Stste where the clsinsn
resided.
But bi. i. not s.sry before Judge of the Court
whose iuri cIct ia oOmmensGrste with The Whole coua
Try Kentucky EBosn to be slave State.
The declaration Of = senator from Va - alluded % 10
supEo ofse srguent that Slavery does not exist law
il the ssvehoicIg States Am resy sorry To hear nts
arguutnr
into which our encs Of the South desired 10 take their
slave property, aud declared that slave holders had thu
ia take flavts here there Do -gs guonOf
the relation fbt vas an error. The sresi principle II
tbs SLAyERY LOCAL snd cas- ONLY gNtsr ny THE Az
TBokITY LAW iusy ara that | Was the means OF
bringing this decision which sde in the case from
Missslp.
hsd been csued hat the ssveh der had the right
take his slave into the territories 1h'rs It not egstzsd
and here long bad saoctontd the ins taioo.
Isase constitutes ls~ after sufficient lapse 1T time But
the Suprnt Court has decided the claim to bs without
founosiio Sisv-rs .X-- ony by local law.
In the hooiig States the laws provide for the
dti cf slave they Emit the power of ,e for
ard protect the rights OF the latter r. deny the To-
eszsti, g, the relation ID these States eyes
"a II write sDd Ia a.. decs"us Of ih-r Courts
am gTsiih,d thst in the examination aud argument OF
this there has been uniformly geul-msnly bearing
This uusi the appreciation of all sensibs persOns
there has been evid. The part of tho defendant
except he sduI-siors by 'ne claimants 'rney, which
wsrsihat III Query lad lived tour years in the state OF
OHIO ouung VIII, TINE be had been rscogo lied, tsed
Al o considered free This proper. Tnls IS
the the theory If LAYS and cOntiGt'n. Every nan
w. Ohio without regard e. color, presumed TO be ras
her laas DO not elton The tread Of slave This
o McQuerry ia ONO therefore. Is nothing more
iLan pr.sum, If N. lNw Which, my Judgment -
courersciec by the proof OF the claimant that
b. escaped Safe from service snd labor due in
keptutky
IL j.. insisted tbst the Fugitive slave laws Of IS and
80 are not OBSERVATION-DISCLOSURES Congress has power 10
,uch ass-thst ~, power Of enforcing the Gons,I
iuiions prov isiOu Is With the States.
Tlis argument has been nifty advanced by gentle
Who Olscuts.d hi. great question, and not
sur br thar il has been ucunoed IN soDe planr,ns
thai bsve been framed will refer the JUDICIAL author
iiy ttt has guzeo he pose IT Congress To nst,ws
providing fl the Of git from labor Ia ths
esse OF Prgg The state f Psnn-, Nv ,na the Ju igss
# III supreme Court DECIDED without dissent thu. Con
sr.ss bad poV % gl4t- th subject Some of
b. Judges thought the State had right u ssae tho
suhd but there Was no dissent from the decision
shat G. had TIE power to adopt tho ss IT 0sths
isv o. 80 u.s. noi T. en- enacted
The SupTeue Court at every State 10 the Uni before
Which qu stion has be- raised has rengnized the
in Contr-- A. -rly period in the history
II Ma'sact usets suc pos'Iny onsr STATES though It
lss not irscfeo my sisutD-tbis 'ctrne nay save
been doub but has since been strued, aud Court
OF respectable staLoing nos doubts II.
Tts suoDg authority III regard To the power ~ Con-
gr's-to leg-Isie up,D the subject Authority osrt.nly
tat should rb..r Individual opinion unless the nluber
entertaining an opposite mon, gr-.t
enough H. change the snlc is~ of the land TO such
haIge the tSits Of those Eho deny ths pO~er Of Con
gress 90 i.gi-s'e the subject Ut Ssyery within the
sies. n istt, and oct Improperly b. dir-cted
Tie Eefsral Cousiiiu Was trsmeo in 1851 IL dis
d by tie several States Sno sccsp t-d u.
Various essays srreH by Gi,tnsushed ciiizens
and The instrument very extensively discussed.
A. soon the adoption OF The Com tatoD 1893
6ud Congress providing for the rendition OF "psr
"srs owing service labor State, escaping into
"auOtier Ihis set WIS Isss.d oy Congress, ~
hCse mernhs it rgh iy remember dele ses
the Curvenucn that framed the fdsr.l c0nsliuton; alt
aere pOTsueous With The INVENTION anf the discus
II, us TIA, preceded deliberations. Those
who The law ct 's3 ignorant Of any
,IovIs the Consti on for they had bssn
With great ability, aud especial in Vrgmii
There Is ~ ght of authority this point which
rot b. any other III th- Constitution Inde.
pendent Of this authority shich must silence all objection
shall at the conclusion by oosiDg At the
srisng the Constitution Is the
thai in OF its vital points be
settled
Ii no respect spsd to the weight Of SUPPORT
ties for halt century the basis OF sD fabric ~l he
shaken-tbere will .nrue disorder and confusion will
there be protection 10 rights.
The clause II the Constitution alluded to is:
"AO Psrson bed Ia ser vice labor State under
the laws thereof escaping into anobsr shall ia
quense II any law regulation taersin dischsrged
iucb service labor but shall be delivered up
cm Of the party TO sh' such service or labor nay be
cue"
This Constitution has been considered ths Fundamental
law Of the land is b- oundsti, of all The glory Of the
country all civil vru's have fOuIi,hed under IL il
secured the fruits 81 our Revolution
that tbi. provision the Constitution is
&. d. pend The States for is cation will ask the
gsri,man who read IN. able and ingenious argument ia
support Of this proposition il that IS law snch provides
no pei atty fr is iusc NJ lie is too good tneologan
70 ADMIT the consequei ces OF his argument.