The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-09-08
TROUBLE ABOUT JUDGE McLFANs OPINION.


The Pro-Slavcry prints of the North, and
some of the weaker brethren of the South, are
in raptures with Judge McLean's published
opinion, affirming the constitutionality of the
Fugitive Slave Law. Some of them say it is
tho first decision by Justice of the United
States Supreme Court upon the point. They
are mistaken in that, however. Judge Greer
heard a case in Philadelphia, under the law,
-I s---, 40 ss iisfi 49, ..--Aa.-4- ..-v
devoted TO its execution, that he transcribed
the dignity and dccorum of the bench in pledg-
| ing his support to it. He took all the honors
that time but somehow lost them again in the
| treason trials. He is in tolerablc standing,
nevertheless, down South and, we doubt not,
| ready to deserve the reward of the best inten-
tions at the next chance that turns up.
But talking about Judge Mclean and tho
reception of his last offering on the altar of
Slavery, we are happy to observe that he is not
Charleston, says it does not hold his opinion in
the Cincinnati Slave Case either learned or COR
rect. wherein it sustains the previous dcci-
sions, which establish the constitutionality of
the Fugitive Law, it is merely commonplace
neither developing nor attempting anything
striking or new. Wherein it has travelled out
of these decisions it is erroneous, historically,
politically and legally" The Standard has
two objections to it--one, that it takes the
ground that Slavery is local. and can only exist
| by authority of law and the other, which is a
necessary result of this one, to-wit that the
stakeholder has not the right to take his slave
into territories where it was not legalized and
where long usage had not sanctioned the insti-
tuition.
The Standard holds that Slavery never was
established by law, in any country at home or
abroad-that it has been regulated, recognised,
modified, and abolished, but never instituted
| by law in other words, that it always gels ex-
istence first, and afterwards gets itself legal
lied and, of course, may do 80 in our Terrific
ries; and, upon the whole, pronounces the
opinion of the Judge "mawkish, Illogical and
erroneous" in which We agree with the Stand
AID, but for different reasons from these which
it assigns as the principal points of objection,
1t says that the Judge did not got his doc
trinc that Slavery can exist only by express en-
actment from Abraham, or Moses or Rollin,
or Justinian, or Blackstone which is likely
enough, for they did not all hold that it could
rghtfully exist at all; and those of them who
legislated for its continuance know very well
that it commenced not under law of any kind,
but in violence and wrong But still it can and
does ernst under law-legislativc and judicial
within prescribed limits that is, where it now
is. But since the only method of instituting it
afresh-which is by war, subjecting prisoners
to Slavery, and the regular trade with barba-
rous countries-havc been abolished by the
humanity Of modern times, 1t can have no more
beginnings in the civilized world This is what
the Judge means by saying that Slavery exists
only by local law; and the Standard will shake
the whole earth before it can overturn this
point in the Judges opinion for the world, in
GLIDING every court of authority in the slave
States themselves, have settled it SO, beyond
dispute. The courts in Louisiana within the
last two years discharged slave from his mas.
tors custody, because he had been at Paris
with him, was freed by force of the doctrine
that Slavery is local and, though he returned
to New Orleans having been once thus free,
never could be enslavcd again, The Standard
talks nonsense, merely, in denying this point
Not nation on the globe but holds it for good
and true, of which the nearest proof is the fu.
gitive settlements Of our slaves in Canada.
Slavery began by catching its victms--it can
continue only by holding them for, once over
the border, tho jurisdiction is lett behind with
the locality.
The Standard justly remarks, that while tho
free-soilsrs in Congress ccntend that Congress