The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-07-06
important Legal Decision.

Within the last e W years the proper construction OF
the clause in the United States constitution in regard TO
the return OF "persons held 10 service or labor" has
given rise 10 considerable discussion Some have
ended that the "persons meant apprentices and all
other servants, but not including slaves; others have
held that slaves alone are described by the per-
sons held TO service or labor !" whilst others have
tended that the true construction embraces apprentices
and all other servants as well slaves We
very recently reported in the New York papers, in which
the question has arisen before Mr. Morton United States
commissioner, in regard TO apprenlice and as the
point decided by him of interest. give his opn
ion entire. II will be that he determines that per-
sons held to service or labor are none bat slaves:
"USrrEp STATES COMMISSIONERS couRr-SAruRDAY-BE-
ronE GEORGE w MORTON, UNreD STATES coMaIssIoN-
xK-Ia The matter Of J.hn Pan O,dsn, eisimsf APP
prentice By and arrested fgups from service and la
bor by Jlhs Randall, of Nsp Jfrsy rn,s came up
originally before Mr. Commissioned Bidgham, on war
rant issued by bin. The testimony and Arguments were
heard by him but before decision the papers with
drawn /; aud, upon new petition and athiavirs, war
issued, Ic,urnabie before me, at H.
day.
'On this hearing. il agreed by the counsel for The
claimant and apprentice that the testimony taken before
Mr. Brigham should be received evidence, with liberty
the counsel for the claimant to Introduce new and fur
her e.timony $ the e,ca pc Of The apprentice.
The counsel for the claimant contends that the words
and meaning of section H. OF the constitution and
The Of 1898 and 1852 may possibly apply to fugitive
slaves, but infinitely applicable TO fugitive ap
prenlices, servants, Iedenp,ioners, &c.
The statute makes imperative npon tie commissioners
near and determine OF this nature In summary
manner.
.Havng been furnished Ivy the counsel for the caiman,
of alleged fugitive, with The written evidence and
pers and having taken The additional testimony, and hav
.e ned atentvey The able arguments of the Messrs
Roseves for the claimant, and those of Mr.. W. Butler
p Htini and w Morton. for the alleged
examined the various authorities cited, opportunity
been prdei Of examining the ,utect with some
care.
The evidence proves tina, the person GAINED a fu
vitivo from service apprentice, under voluntary
tract by ndenure TO learn making OF shoes and came
New York without permission, and refused TO return.
"This evidence does describe person held TO ser
vice or labor within the meaning OF the "a Section An ar
ce of the of the United States, and of the acts
cf Congress passed In 1898 and 1880
The word person in the constitution and in tho
used therein, is with slave, and the whole
scope and object OF that clause OF the instrument In my
|. exhausted and answered in its application to
fugitive slaves, exclusive OF any and all other description
OF runaway servants.
.n 1887 this clause If the constitution was before the
Court the United States, in the OF Psiggs
the Commonwealth of Pennsylvania and the opinion
delivered by Mr. Justice Sorry and that OF all the individual
mbers of the occupying almost one-third OF IL
Peterss Reports GIL has rendered IL now impossible 10
hold other Than that apprentices wholly excluded from
having been within the intention OF the trainers oil the
uton and OF the OF Congress passed to out the
object OF that transporting for the recovery OF fu
gves justice aud fugitive slaves, described held
to service or labor.
"Mf Justice Story, also. in hi, work the consitu
lion, when commenting upon the various clauses where
slaves described in respect to their mgfa-
lion. i'm poaiou aud scale OF representation expresses in
the un-quivocsi terms the conclusions recog-
nised. No Judicial decision appears have been made
directly the Of apprentice by Judge OF
United States But the decision referred gives
clear ntmaon OF what The views OF that tribunal,
that would become commissioner 10 initiate
strucon which would in untb be adding TO persons held
labor the words Including apprentices
all other servants
. The idea that apprentices, &c, within the
ing Of the constitution to have been taken up
period up 1887 vesge Of its existence
has been ouud One believed to have
cured within few years where commissioners in other
there raised was the validity OF the indentuc, and
the question presented never raised passed
upon,
After careful inves,ig alton OF the authorities
cited aud The able Arguments OF the claimants counsel
the tune would allow, the evidence and Law OF the in
my Judgment, do not Warrant certificate authorizing
The claimant the alleged Fugitive person back
to the State rom which lie is said to have nel.
"The apprentice, John Van oSden, is therefore dis
charged"