New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-25
A Review Of the Decision of Judge Paine,

OF NEW YORK,
IN THE CASE OF TUE SEIZURE AND LIBERATION
OF Mr.. LEMONS SLAVES.
GcOniinued
Before we conclude our views in relation to
an act Of the old Congress, let us advert to one
more act of legislation, which recognizes the ez
istence of slavery;
IN CONGRESS, JULY, I1S7.
in Ordinance for the Government Of the TERRITORY Of he United
States north. ptsf Of the rirer Ohio.
AnT g. There shall be NEITHER slavery nor involuntary
servude in the said Territory Otherwise than in the pun
ishment of crimes whereof the party shall have been duly
convicted Propidi aoys that person escaping into
the same from waom aoor or service is lawfully camed
of the original States such fugitive may b. lawfully
reclaimed and carried TO the person claiming his her
labor service aforesaid See vol Laws Of United
States Bioren's edition page 4sol.
On passing the above ordinance, the yeas and
nays being required by Mr.. Yates, those who
| voted in the affirmative were Messrs. Hilton
and Dana, of Massachusetts; Smith, Harving
and Yates, of New York; Clarke and scheure-
mon, of New Jersey; Kearney and Mitchell, of
Delaware; Grayson and r. H. Lee, of Virginia;
Blouut and Hawkins, of North Carolina Kean
and Hugh, of South Carolina; Few and Pierce,
of Georgia
So it was resolved in the affirmative by
unanimous vote. See Journals of Congress,
vol 4, 1774 to 1881. This ordinance has been
decided to be constitutional and valid [See 5
Peters, page 504l,
SLAVERY RECOGNIZED BY THE CONSTITUTION OF
THE UNITED STATES.
The whole nation sanctioned the right of
slavery by the adoption Of the Constitution,
which provides for an enumeration of slaves in
a representation founded thereon, and for the
restitution Of fugitive slaves to their masters,
| That the clause which provides for The deliv-
cry of fugitive slaves stands amongst the uue-
quivoca indications of the wisdom of the tramers
| of the Constitution will be apparent to every
one who will reflect, for single moment upon
the vast comprehensiveness Of their labors, and
the peculiar circumstances under which they
were performed
Called together by an extraordinary and
alarming emergency, and acting under the in
fuenee of the exciting passions uuavoidably in
oident to crisis portending anarchy or civil
commotion, the Convention were under the ne
cessity of forming the entire structure Of Gov
eminent perfectly new in its principles, and
destined, in less than single century from the
period of its organization, to extend either its
blessings or evils to more numerous body Of
human beings than were ever before associated
under the auspices of one general government.
When to this view of the great magnitude, and
increasing character Of the objects and interests
| submitted to the consideration Of the Fedral
Convention, we superadd the consideration that
the Convention was composed of delegates from
thirteen independent sovereignties, having dis
| cordant interests and conflicting views to har-
| ~
| failed to establish perfect Constitution, but
| that they organized any system of government
| whatever, This Constitution was the work Of
an illustrious body of patriots and statesmen,
and they guided, by their eminent wisdom and
exalted public virtue, the councils of that Con-
vention the result of whose delibertons was
to fix the future destines of this great Empire
of Freedom.
The Convention, guided by the comprehensive
aud enlightened views we have mentioned, en-
dowed the Federal Government with power of
| the most ample nature, equal to the attainment
| of all the useful purposes of public authority
There was no subject agitated in the Conven-
ton which created more intense and deep in
terest among the slaveholding States than that
of providing a certain and secure mode Of per-
petuating the bondage of slaves. Difficulties of
| the most perpexing and harrassing character,
in reference to fugitive slaves had occurred
previous to the adoption of the Constitution.
| 1t is absurd to suppose that the members Of
the Convention representing the interests of
these States did not intend carefully to guard
against recurrence Of all evils and it
seems to be fair inference, from the pro-
ceedings of the Convention, that they supposed
they had done so effectually by the adoption of
the clauses in the Constitution above referred
to, and that they intended to confer full power
upon Congress to regulate. the whole matter
On the Goth of August, 1884, as we learn
from the minutes, it was moved aud seconded to
agree to the following proposition, to be insert.
ed after the 10th article +" If any person bound
to service or labor in any of the United States
shall escape into another State, he or she shall
not be discharged from such service or labor in
consequence of any regulation subsisting in the
State to which they escape, but shall be deliver
ed up to the person justly claiming their service
or labor" achtch passed uRdHimOuSiY The
| 10Th article referred 20 above was the article
providing for the surrender of fugitives from
justice, and this suggested the idea that it would
be well to provide, also, for the surrender OF
fugitive slaves From Mr.. Madison's report we
learn that the day before, Messrs. Butler and
Pinckney, of South Carolina, had informally
proposed that fugitive slaves and servants should
de delivered up like criminals" Mr. Wilson.
of Pennsylvania This would oblige the Exc
cutive to do it at the public expense" Mr.
Sherman, of Connecticut, i" saw no more impro.
priety i'll the public Selling and surrendering II
slave or servant than horse TMadison's
Papers, p. IA The next day the motion was
made in form, and, as Mr. Madison SAYS
"agreed to mem. CON" Messrs Wilson and
Sherman's objections arose from no moral re.
pugnance to the surrender of fugitive slaves, but
from the inconvenience they apprehended the
State authorities would be subjected to and
Mr.. Wilson spoke from experience, as his own
State had at that very time law for surren-
dering and delivering up fugitive slaves from
other States. This agreement was a compro-
mise between the North and South 1t was be.
heSed that the members Of the Convention would
not have formed a Constitution, unless it was
agreed to surrender fugitive slaves 1t was
deemed compact convenient to both South and
North, and the Northern States, not KNOWING
| the necessities the Southern States were under