The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-09-02

of whom were the wise and patriotic trainers
Of that instrument At the time, this subject
Of slavery excited public attention in all the
States of the Union, and more especially in
! Virginia; and was scanned by men not ig-
norant of the principles Of the constitution.
Since that time, there has been no decision
of any Federal Court that Congress had not
the power to frame the law of 1893 This
is a weight not small, scarcely ever conccn-
trated Oh any other question; for it has at
tracted much attention, a great display of
thought, and the profoundest consideration Of
the ablest minds Of the republic, which must
silence all cavil. Look at the provision itself
are its vital parts never to be settled, after
! the decisions Of the Courts for half century!
Suppose state of feeling tha: would shak,
the basis Of the whole social community, and
stir up disc ord in the land-there would be no
protection Of our rights except in oar con-
stitution. AS has been justly remarked, it is
the fundamental law Of the lsud, the basis Of
our prosperity, the foundation Of our glory,
aud it saved to us the fruits of our revolution.
The Federal, fundamental law is the protect
or of our rights, and the Procurer of peace to
all parts of the Union.
1t has been contended that it rests with the
States to carry into effect State enactments.
| would ask the gentleman, is that law that
has no sanction that has no power 10 enforce,
to which is attached no penalty! The gentle
man DR. Brisbane is too good thcologinn
for that This principle applies in civil mat
ters as in those of theology. Legislatures
are prohibited from passing laws iiberating
or obstructng the liberation of slayes-the
States are bound to deliver up the fugitive.
If State passes a law conflicting with
Federal law, the penalty is inflicted. don't
state hypothetical case: Grigg vs. Maryland
is an actual one. The State threw obstacles
in the way, and the Court held it nugatory d
void, as against the constitution. 1t would
not have been void if the State had power.
1t is then, by the authority OF law thotsIavcry
exists, and by no other authority can it exist;
nor can fugitive be returned TO labor and
service, except under provision OF positive
law. differ with those who say that by the
common law he can be re-taken
| admit that the Federal government can
not compel the observance Of her enactments
by State, but the law is there, is in the
Constitution, the fundamental law Of the land;
it is something more than recommendation
and rever has been treated in that light.
Some say this matter was not discussed in
the convention; it is true the debates were
not authoritatively published, but the matter
was one of great anxiety at the time, and
Chief Justice Marshal as competent as any
other man, contended for his right to have
slave delivered up. If State refuses to pass
law to surrender, has not the Federal gov
erment right to carry out provisions for
re-delivery. How is it for fugitives from
Justice, they depend upon the same principle.
This great question has excited differences
and anxietes. When the Constitution was
adopted, one half of the States were slave
States, and before that fugitive slaves were
restored by comfy, but this provision was in
serted to settle these distracted questions.
LAS Chief Justice Marshal said Government
was wanted, and the Federal authority was
vested with this supreme authority.
/ A much wider exposition has been attempt
ed: it has been contended that the law ot
1850, may be applied to all persons against
whom claims are held for service due; that
clergyman may be held for unexpircd clerical
services unperiormed am g lad to say that
shall never apply it to contract or to the
clergy, for after delivered up, it would be
hard to make him preach. The clause re-
lating to rendition Of persons held to service
and labor, had its principal application to
persons held to bondage, as shown by Madison
who contended that the slave was as wei
protected by the clause, as if the word had
been mentioned, for TO his honor, he desired
not that the word should appear in the Con-
stitution. 1t has been stated that this is an
ex parte proceeding. think not; II the
counsel for the defendant had shown cause
for continuance, would gladly have granted
it. | cannot here be governed by sympathy
=, have to look to the law, and be governed
by the law, and to guard myself with more
than usual caution, in such case where Judge
ment might be warped by sympathy.
The completeness of identity has been
alluded to; that was an open question, the
right and opportunity was given TO show thai
he WAS not a slave. AS to the Incomplete
ness of it, not having provided trial by jury
, in nv judgement as far my experience goes
no master can have any reasonable ground:
4 OF lear from al lHlcIilSCh' July '"S"S
Iremember, there was one person on the
iury, | use the term not in reproach, al
!, aboIitonist, honest and intelligent, sworn tt
be governed by the law and testimony &C
: ouiesced in the decision Of his colleagues,
the slave was remanded to his master. Thi
: is not a final decision as to his liberty, this
does not bar the introduction OF proof ever
in Kentucky. or whatever State he may b'
taken to, if any proof can be presented tina
he is free man, aud is unlawluIly detaine'
+ in bondage. He may be sold into other hands
but this tribunal is not responsible, this Cour
, is bound by the law.
AS to the powers of Commissioners notic'
: il not taken here; provisions of law may b
}, constitutional in part and not in wholei al
= unconstitutional provision in a law does no
= annul the whole; don't intimate that an
. provisions are unconstitutional
(Some remarks were here made by tn
I,dge as TO the msconstruction placed o