The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-09-07

ted every alnve SOdid be Tree on touching
the s0il Of a State whose laws did not re-
~Ognize slavery: for slavery can only exist
By authority Of Law.
The prOYisiOa in the Constitution is. pro-
ki5siory, and it is positive as 10 the "giving
NJ" m persons escaped from service or la
bOr. The States could not be compelled to
give up the figitiyrs by law Of Congress,
buI the provision is found in the Constitu-
tiOn-ths organic law Of the land-and il is
more than q Recommendation.
amaware the woI d "slave" is not
ia The Constitution. but the subject was
debated in the Convention, and il caused a
deep exriIemens in the public mind. The
Constitutional provision in this regard was
the rrsult 81 u compromise. For saying
ibis | have The authority of Chief Justice
Marshall. This right Of redilion, then, is
one which the citizens Of one State may
claim and must receive of another State
The Federal Government has the power to
carry oGt aud perpetrate this right.
And now with regard to fusitives from
jnsice? The same provisions, upon the
sanls principl@ Congress have legislated
upon this as they have upon the provision
for the reditien Of persons escaped from Ia
Dor or rTice. But the constitutiOnality of
the legislation with regard to fugitives from
justice has never been doubted. The Gov
tfnorS Of some States have refused To give
up ''iusltiyes from justice" but the refusal
"as upon the ground ofinsuficient "cause,"
never on thai Of "unconstitutionality." No
court has ever doubted the constitutionality
OF legislation providing for the return OF
Iugiliyes fIom justice.
1t is stated OF this provision in the consti-
tuition which says that full faith and credit
shaIi be gwen to the public acts and rec
Ords Of oiher States that no poweris confer
red on the Federal Government to enforce
1t. Is this 50? The fundamental law de.
cla'es that citizens of each State shall be en-
titled TO all the rights and immunities ofthe
citizens of several States. Undoubtedly
Congress may leglslate upon these provis-
inns.
There are various other provisions of this
description. No tonnage duties shall be
laid on articles imported from one State
into an other. The States can conclude no
treaties, eoin no money, cannot make any
thing but gold and silver legal TENDER
and pass no ex post facLo laws, or laws i'm.
pairing the obligations OF contracts. These
aie ali prohibitions of power TO the States.
Does it follow that because there is no
express provision in the organic law for the
exercise Of power on these subjects, none
rxlstsg In all these cases remedy is pro-
yIded. In case ogmfraction by the States,
wri: Of error may be taken from the State
Court to the Supreme Cour: of the United
States, where laws conflicting with the con-
stitution will be declared void. 1t would be
singular il there was no sanction to the pro.
vision upon this most difficult Of all ques-
tons, question so ably and extensively discus
sed ut the time the constitution was framed,
for slavery then existed in about one hall the
States. Before the adoption OF that instru-
lneHt slaves had been reclaimed in various
ways, in many instances by comfy. in 9TH
ers by unobslructed force. There existed
virtual. practical compromise before the
written compromise of the constitution
But difficulties had arisen, and therefore
this provision.
Nor can there be doubt that the term
persons held to service or labor applies
principally to persons held as slaves. Mr..
Madison, while asserting to the provision,
objected to the use Of the term slave be-
cause it expressed thing repugnant to his
sentiments; he did not wish the idea that
one man could hold property in anoth-
er Iecosnized IN the organic law OF his coun'
try.
This has been termed an CT parte procee- E
ding. Ii certainly is not. Had the coun.
Gel Tor McQuery been able to state they ex-
pected topruve his sfrpedom, l should prompt
ly have granted, to afford ample time for
collection of fsuch proof. Occupying the sa-'
cred Office of Judge, | have no right to in
dulge my sympathies. 1t would have been
gratifying 10 have found that this de-
iendant WIS FREQ man. instead ofa
slave, because ssuch result is gratifying
to those whose feelings are opposed to sla-
very in the. abstract. In such case it is the
stern duty of the Judge to use more than
ordinary caution.
ItwAs urged against the constitutionality
Of the laws ofI7a3 and 1850 that they de-
MED the right Of trial by jury. 1t is my
opinion, based upon my Judicial experience
that a. trial by jury would not decrease the
number of reditions of persons escaped
irum service or labor In an instance that
| call TO mind, decided anti-slavery man
was upn Jury in a case involving the lib
erty vt escaped slaves. But he considered
the solemnity of his oath 10 the law and
the constitution, and he agreed with his
brethren to give verdict of damages a.
gsinss ths persons through whose instru-
mentality the slaves had escaped.
This is not 10 final decision as to the liber.
ty OF the defendant. The question here is
strictly whether he owes service or labor to
the claimant; but this decision viii be no
bar to the question as to the liberty of the
man. He may be sold; his condition may
be wretched; but the fault is not with the ju.
dietary.
Its 9 principle universally admitted, that
q law may be in part constitutional and in a.
mother part void. and that effect may te gi-
ven those parts which are constitutional
] do not by this wish to intimate that any
part Of the laws Of '9S and 80 are in con-
flict with the organic law.
Il may not be improper for me here to
suggest that there is one part Of the law Of
100 that does not seem TO be rightly under
stood. The clause allowing 80 to the
Commissioner in case the certificate is made
out To the master, and $5 If no certificate