The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-21

With States this cot Of Psnsyfvans ~ ua Dos ns -,
voin But for the clause In tina oouwA si.r sis ,s 4
rc.teo eveFy slave sould be fee cbtse r. .I.r.-
. otsie whose laws did not recognise sySyVp 'o
| can only ssist y authority q iaw. .sx~,. so
Inc piovsion In the oonsttution Ia pr51A "a NJ
II positivs a TO the giving up" Of rctvsA
The States could DOT be compelled 10 givs spsn sue
u 'hs copstitution-ths orssnic hv Il the Hua -sas
Is more than recommendation. am aws tsss w
word slsvs" In the eonstjtusien bu. the sasjse
was debated IN the convsnton, ard caused DESC -
e,temt mt IN ths public pisd ne esasttutio .s seSs
zion In this regard tho result Of eoupro6 H.s
ss,ipg this have the authority sfchkf Justcs es..
'hfs nehs Of rendition thsv, IL ono which the o
perpstssts ,his right
same prcvisioos uUon the priooipas. Congse" ~
egShfe6 upon this a. they upon the provs isa
But the scpstuiopsIy the I.slaton With rea ard
fogft es hrms justice bss never bean doubted Th 81
error: o. some States havs refused 70 give "fa W
sufficient cause never that Of uncsustituA so
ay" No Coust has ever doubted the eonsdtutensl sy
ju,tics
Ia stated Of that provision in the constitution whsA
;s,; i, that s fun n and d cred sss b .sa 70 the ss
conferred on he fsieral governmeot to eusorcs IL
Ia this .es ras fundamental l.~ declares that oitl
Of eech Ssse ba be entitled to all rights an1
mrupitiss f ths citize Of the several States u
donbtedl, ossrsss esisate upon thess provisosa
No foDnaae duties shall be laid articles ported o
one State into another The States can copcluAs -
and sves legal tender can pass no espoa 3acso lava
or laws ippeuDg the obligations OF contracts.
poss i ~ Sa 40 snat .. p4ssr . the states,
vision In The organic Law for the exerue Of power
these nejsct, poae s1istss IN :. shsss ca.es reesA
be taken from the State Court the Suprse
Court of the United Sta o. where lava conflicting vth
the constitution will bo declared void. It would b -
gular there asnoton 10 the prsvson upon ~
nost doult Of AL questions question shly and
frsmed for slavery then existed In shout onssa tSs
States Before the iutxument had
virtual practical oompross befos the written compr0.
mise Of the constitution. But dinculss had arises, -
Nor there b. doubt that the term "psrssns ~
to ,Ss e 80
pressed thing repusnan 70 asnsmsnts; he did NJ
other recognize in the the ssno | .w af hi. osnny
This has been termed an ca parte ocssding 1T c-
sta 'bat they e5Iect~d TO prove hs freedom, sheu
promptly have gTsDtsd continuance, to Afford ans1D
occupy iDg The tao, ed Office Of Judge have NO risE
here 70 indulge mJ .ypp.shes II vouh hsvs ess. sra-
instead Of slave because such result 4 srsty!.s =
ssct In such case ths duty Of the Jvdgs -
l. vas u, ed sea MT the oopstutionay Of The laws
Of 1893 and 1866 that they denied the right Of si hy
se .. ,ba. trial BY jury would no. dse,ssss the ss
s, Of ,sDsion' Of per; ; y: s'o.p'd from from ,ssys: e
tbs bsty escaped slaves But he ceasidsrsA ths
kmDit, Of his ath support the lag and the oc.st~.
ton be sgreed with bis brethren 70 give verdict e
damages against the persons through whose inssxuns
tai ~ the slaves hsd escaped. II
This oral decision 10 the liberty Of the d
'eIdnt The question hs-e IL strictly whsth.r b ovsA
vice labor 70 the clstmant but this dsctssn vn =
20 b.r o TIE question z. 70 the heery o. ne msa. -.
iaai, Is ! Of With toe jaolcisry - ! =
be IL part consttutosal and In another part vel sn
that effect may be given 70 those parts Witch are oeas
sutioD.i 90 not b, ,hi: wish to intimate tnss -
oiparic law. k8
II nay not b. improper for mo here to suggest thae
b. rightly understood. The clsase allowing 90 ~
comm ssionsr In the certiHosts ID made ont b ~
~ s s
.ri,Is s l.h'ch may :: consider.bls And ! svsn a .st
nept Of the ard the certificate Sitting J0dgs
Of The Supreme Court and not . commissions, maY
pr p~rly make this ,epsrk-
ceals within the provisions Of the constitution.
am, therefore, bound to remand the fugitive b ~
master.
After ths decision Nr Joas moved for writ Of 60.
tiosar' to the supreme Court.
The Curt sad that there could be appeal FROM IT,
States made at chsmbsrs Tue point had he vas quis
ce,1s,n, been decided by the Supreme Court he wae
wiling ho~essr. to give any reasonable time for oounss
| to iuves,jga'e the que+tion
A. ,he suagestiop Of tho court II wss finally arraaasA
ths, The c)au ant nr. Miller should enter into boa
for two thousand dollars conditioned his returAne
Mcuay te this State In It should be decided tAk
the Gaze could 10 taken to the Supreme Court
At the conclusion of his argument Mr.. Ware statel
/ that Mr. Miller would emaDcipats his slavs for IT,
sum Of 81 200 and donate $50 himself fund for thst
purpoe: he would take the sppratsensnt Of dsStsg
ested JAr'ies al Lexington
M Miller remarked that he willing TO give bsaAa
10 the Of $50 600 that he would produce the ssvS h
THE State In writ Of certisrar allowed by ~
suprems Court.
Washington McQuerry was then delivered up to IN
claimant ty the Unitsd states Deeuty Marshal aaA
without h drauce molestaton imuedately ooavsye4
the Ohio river and lodged In the Covngt0n ja
where I'll. remain unt his owner d ready 70 PROCEED
to bis homo.
There was good deal Of rejoicing In CsvASton svR
the terminal ton of the trial.