Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-08-27
The Cincinnati Slave Case
OF JUDGE MCLEAN SUS.
TANNING THE LAW.
TcuNcI.uDED.


17S7. II was discussed by several States who
accepted it. Various essays were written by
distinguished citizens, and the instrument was
very extensively discussed.
As soon after The adoption of the Constitn-
ton as 1883. We find an act oil Congress pow
ding for the rendition of persons owing SER
wee or labor in one State escaping INTO anolh-
err" This act was passed by a Congress some
of whose meAbers, if | rightly remember,
we're delegates 10 the Convention that framed
the Federal Constitution; all We're cotempora
neous with the Convention and the discussions
that preceded and attended lis deliberations
Those who enacted the law of '93 were not g.
norant Of any Of t g provisions OF the Conslltu
ton for they had been scanned with great
ability, and especially in Virginia.
There is a weight Of authority on this point
which cannot be centered on any other other
in The Constitution. Independent of this au
thority, which must silence all objection.
we shall arrive at the same conclusion by look.
ing at the act ds arising under the Constitution.
Is the construction Of that instrument in some
of lis vital points never to be settled : If no
respect Is paid TO the weight of concurrent au
thoriies for half century, the basis of our So
Gal fabric will be shaken; there will! ensue
disorder aud confusion, nor will there be pro-
lection to rights.
The clause of the Constitution alluded to is:
mo person held to service or labor in one
State under the laws thereof escaping into an
other,shall, in consequence OF any law Or reg
ulatlon therein, be discharged from such ser
vice or labor; but shall be delivered upon
cleim Of the party to whom such service or la
Dor may be due"
hn H., Il
fundamental law of the land it is The founda
uon OF all the glory Of the county; all our
civil virtues have hourshed under it; it Sc
cured the fruits of our Revolution.
1t is contended that the provision in the con-
stnllon is to depend on the States for its exc
cuticn. | will ask the gentleman who read
the able and ingenious argument, in support of
this proposition if that Is law which provides no
penalty for its nfraction He is 100 good
iheologian to admit the consequences of his ar.
eument. There can be no law without sane
ton. This applies to human as it does to di
vine law.
The Legislature Of the several States are
prohibited from passing law obsructing the
master IN pursuit Of his escaped servant who
must be given up on proof the claimant thai,
service or labor is due. Suppose State to
pass law directly opposed to This clause, snd
lnfilcting a penalty. That was the case in
Pr'gg Us. the State of Pennsylvania, ard the
Supreme Court of the United States declared
II nngatory; It was in opposition to the consrl.
tuition and therefore void. Had The power to
enforce the provisions Of the constitution been
leii with the States, this act of Pennsylvania
would Tot have been void. Blu, for the clause
IN the constitution that have rec,ed, every
slave would be free on touching the soil of a
State whose laws did not recognise slavery :
for slavery can only exist by authority Of law
The provision i'll the constitution is prohibt-
tory, and 1t is positive to The giving up
OF persons escaped from sci vice or labor The
States could not be compelled to give up fupi-
'lves by law oi Congress, but he provision is
found IN the consIitutlon-the organic law of
the and-and 1t Is more than recommends.
ton
am aware that the word "slave"is not In
the constitution. but the subject was debated
IN the Convention, and IL caused deep ex-
cuement IN the public mind. The constitution
al provision IN This regard " as the result of a
compromise For saying this | have the au-
thority OF Chief Justice Marshall This right
OF rendition, Then, is which the citizens of
one Stale may claim and must receive ofanoh-
er State The Federal Government has the
power to carry out and pepetuate this right
and how in regard to fustives from justice
The same provisions, upon the same princi
pie Congress has legis!ated upon this as
they have upon the provision for the rendition
of persons escaped from labor or service
But the consttutionallty of the Legislation with
regard to fugitives from justice has never been
doubted. The Governors of some States have
refused to give up "fugtves from justice" but
the refusal was upon the ground Of insufficient
cause never on that of"unconstituonaty. -
No court has ever doubted the constitutional
ty of legislation providing for the return of
tuglnves from justice.
1t Is stated Of that provision in the constitu
ton which says that full faith and credit shall
be given to The public acts and records of 9th
or States that no power is conferred on the
Federal Government enforce it. Is this so ?
The fundamental law declares that citizens of
each State shall be entitled to all the rights and
immunlties ofthe citizens of the Several States.