Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-08-26

passed recognising the statute laws OF other
States. In such cases nothing more than an
exhibition Of the statute law would be neces
snry. But where trial like this is had IN a
State where no such provision exists. the State
Judge. and perhaps the Commissioner. might
require legal proof Of the existence of slavery
| in Ihc-State where the claimants resided. But
this IL not necessary before Judgeoithe court
whose jurisdiction Is commensurate with the
whole coun:ry. Kentucky is known 10 be a
slave State
The declaration OF Senator from Virginia
is alluded 10 in support of The gnnent that
slavery does moi exist by law in lhe .lasehold.
ing States. am really sorry to hear this ar
gumert. The distinguished Senator was
speaking oil Territories into which our friends
of the South desired 10 take their slave prop
erty, and declared that Shareholders had the.
right to take slaves where there was legal
recognition Of the laiion This was an error
The great principle is this: Slavery is local,
and can only exist by the authority of law. |
may remark thai was the means of bringing
out this decision. which was made in the case
from Mississippi
II has been claimed that the stakeholder had
the right to take his slave into the Territories
where it Was not legalized and where long
usage had not sanctioned The institution. Usage
constitutes law, after sufficient lapse OF time.
But the Supreme Court has decided the claim
to b. without foundation. Slavery exists only
by local law.
In the slaveholdpg States the laws provide
for the condition OF master and slave;they limit
the power Of the former,and protect the rights
OF the latte'. To deny the legaIizalion of the re
laton IN these Slares. is to shuts our eyes to
what is written and to the decisions Of the
courts.
[ arn gratifed that, in the examination and
argument of the case. there has been uniform
y gentlemany bearing-no abusive epihels
were used. none were expected. This must
draw the appreciation of all sensible persons.
There has been no evidence on the part OF
the defendant except the admissions by the
claimants attorney, which were, that McQne
~ had lived four years in the State of Ohio, du-
ring which time he had been recognised, lrea
ted and considered as free man. This was
proper. This is the theory Of our laws and con-
stliulion. Every man in Ohio, whou regarI
10 color,is presumed 10 be free man;her laws
do not sanctonthe raead of slave. Thstreat
ment OF McQuery. in Ohio therefore. is moth
ing more than The presumption Of the law.
conclusive proof of the clamantthal he escap
ed into this Stale from Service and labor due"
in Kentucky.
1t is insisted that the Fugitive Slave laws"
OF SO and so are not constitutional; that Con-
gress has no power TO enact such law; that
the power of enforcing the constitutional pro
vision Is with the States. This argument has
been frequently advanced by gentlemen who
have discussed this great question, and | am
not sure but that it has been announced in some
| platforms" that have been framed
! | vii! refer to the judicial authority that has
recognised the power of Congress TO enact
laws providing for the return of lugijivos from
Labor. In the case of Prigg vs. the State OF
Pennsylvania, the Judges of the Supreme
Court decided, without dissent. that Congress
had the power TO leglsate on this suliect.--
Some of he Judges thought the States had a
right to Ieg'sste on the same subject; hue there
was no dissent from The decision tina, Congress
had the power TO adopt the law of '93-lhe
aw of so was not then enacted.
The Supreme Court of every State in the u
mon. before which the question has been raised
has recognised the same power in Congress
Al an early period in the history of Massa
chusetts, and possibly in other STATES, though
1t has MOI attracted my attention, this doctrine
may have been doubted but il has since been
affirmed. AMI no court of respectable standing
now doubts it,
This Is strong authority in regard to the
power OF Congress to legisate upon the sub.
Ject-aulhority certainly that should overbear
individual opinion unless the number Of ndi-
viinals entertaining an opposite opinion is
great enough 20 change the organic law of the
land. To such change the Efforts of those
who deny the power of congress 10 legisate
on the subject of slavery within the States
might and not improperly. &c directed.
(To BE CONTINUED