Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-08-27


gress 70 iegsate the subject Of slavery within the
States might, and not improperly, be directed.
The Federal Constitution was framed iu 1877. 1t was
discussed by the several States who accepted H. Various
essays were written BY distinguished citizens and the in
strument was very extensively discussed
AS soon after the adoption Of the Constitution 1888
we ind an act Of Congress providing for the rendition Of
persons owing service labor in State escap
ing into another" This act passed by Congress
some of whose members, if rightly remember, de-
egatcs to the Convention that framed the Federal Con-
situations all were cotempsraneous with the Convention
and the discussions that preceded and attended its deli
beratons Those who enacted the lay of 1898 not
ignorant OF any of the provisions Of the Constitutions for
they had been scanned with great ability and especially
in Virginia.
There is weight of authority on this point which
not be cenered any other in the Constitution Inde
pendent Of this authority which must silence all obec
on we shall arrive at the conclusion by looking at
the act as arising under the Constitution Is the
strncton of that instrument in Of its vital points
never to be settled? If no respect paid to the weight
authorities for half century the basis Of
our social fabric viii be shaken there win disorder
and confusion, will there be protection to rights.
The clause ofthe constitution alluded to is
"No person held to service labor in State under the
laws thereof escaping another shall in consequence of
any law regulation therein be discharged from such service
labor but shall be delivered up claim of the party
whom such service or labor may be due"
This constitution has been considered the fundamental
law Of the land it is the foundation of all the glory Of
the country all civil virtues have ourished under
it secured the fruits Of our Revolution.
1t contended that this provision in the constitution
is to depend the States for its execution. viii ask
the geneman who read the able and
in support Of this proposition if that is law which pro-
yides no penalty for Its infraeton He is good heo
logan to admit the Of his argument There
can be no law without sanction. This applies to hui
man as it does to divine law
The Legislatures of the several States are prohibited
from passing law obstructng the master in pursuit of
his escaped servant who must be given up proof by
the claimant that service labor is due. Suppose
State to pass law directly opposed to this clause and
nhicting penalty That the in Prigg Us. the
State OF pennsylvania and the Supreme Court of the
United States declared it nugatoy it was in opposition
to the constitution, and therefore void Had the power
to enforce the provisions Of the constitution left
with the States this act Of Pennsylvania would have
been void But for the clause in the constitution that
have rected every slave would be free touching the
soil of State whose laws did recognise slavery for
slavery can only exist by authority of law.
The provision in the constitution is prohory and it
IS positive as to the giving up of persons escaped from
service or labor The States could not be compelled to
give up these fugtves by law of Congress- but the pro-
vision IS found in the constitutionthe organic law of
the iand-and 1t is more than Recommendation.
am aware that the word slave is in the consti-
tuition but the subject debated in the Convention and
IT caused deep excitement in the public mind. The
constitutional provision in this regard the result of
compromise For saying this have the authority of
Chief Justice Marshall This right of rendition then
which the citizens of one State NAV claim and must
of another State The Federal Government the
power to carry out and perpetuate this right
And how with regard to ugitives from justice? The
same provisions upon the principle Congress has
egsated upon this they have upon the provision for
the rendtonof persons escaped from labor or service
But the consuonalty of the legislation with regard to
ugityes from justice has been doubted The Co.
vernors of States have refused give up fugtives
from justice bat the refusal upon the ground Of in
sufficient cause never that Of unconstitution-
atty No court has doubted the constitutonaity
OF legislation providing for the Of ugiives from
justice.
Il is stated of that provision in the constitution which
says that full faith and credit shall be given to the public
acts and records of other States that power confer
red Ga the Federal Government to enforce it. Is this
The fundamental law declares that citizens each State
shall be entitled to all the rights and immuntes of the
citizens Of the several States Undoubtedly Congress may
legisate upon these provisions
There various other provisions of this description
No tonnage duties shall be laid on articles imported from
one State into another The States conclude
ties coin no money cannot make any thing but gold and
silver "lega tender" and pass post facto laws
or laws mpairing the obligations Of These
all prohibitions Of power to the States.
Does follow that because there is no express proy-
sion in the organic law for the exercise power on these
subjects, exists In al these cases remedy is
provided In of infraction by the States writ Of
may taken from the State Court TO tho Supreme
Court Of the United States where laws conflicting with
the constitution viii be declared void Ii would be sim
gular If there sanction the provision upon this
most dhcult Of all questons-a question ably and
tensvely discussed at the time the constitution
framed for slavery then existed in about one-half the
States Before the adoption that instrument slaves had
been reclaimed in various ways in many instances by
comfy IN others by unobstructed force There existed
virtual practical compromise before the written compro
mise Of the constitution. But difficulties had arisen and
therefore this provision.
Nor can there be doubt that the "persons held
to service or labor applies principally persons held
slaves Mr. Madison, while asserting the provision OBJ
jected to the of the term slave because it ex
pressed thing repugnant to his sentiments he did
wish the idea that could hold property in
other recognised in the organic law Of his country.
This has been termed pdrte proceeding certan
not Had the counsel for McQuery been able TO state
that they expected to prove his freedom should prompt
y have granted continuance afford ample time for
the collection Of such proof Occupying the sacred Of
nee OF judge have right here to indulge my sympa
thes II would have been gratifying to have found that
this defendant was free man. instead Of slave because
such result is gratifying to those whose feelings OPP
posed to slavery in the abstract In such il is the
stern duty Of the Judge TO more than ordinary
| ton.
1t was urged against the constuonality of the laws
of 1898 and 1850 that they denied the right Of trial by
jury 1t my opinion, based upon my judicial expert
ence that trial by jury would not decrease the number
OF rendtons Of persons escaped from service labor"
In an instance that call to mind decided slavery
man was upon jury in case involving the liberty of
escaped slaves But he considered the solemnty of his
oath to support the law and the constitution and he
agreed with his brethren to give verdict of damages
against the persons through whose nsrumentaty the
slaves had escaped.
This is final decision MS 70 the liberty Of the de-
PENDANT The question here is strictly whether he owes
service labor to the claimant but this decision will be
bar to the question to the liberty Of the man lie
may be sold; his condition may be wretched; but the
fault is not with the judiciary.
II is principle universally admitted that law may
ho II sit,tf "A s,n