The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-08-25


helm Of the national adm nisration.
The Eecision OF Judge Mclean upon the Fagi.
tive
We observe that the recent decision Of Judge Mclean
fully sustaining The consiitnonaty OF the fugiiive-says
law is attracting much attention from the rsss in al
sections OF the country The circumstances which give
this decision peculiar Significance and value are set
forth 10 The following article from the New York Jour
nal OF Commerce Considering the source from which
the decision comes the cearness and force Of the agu
ment on which il based and the fact that covers all
the legal points which arise the practical exscu.
oa OF the law regard il welfhited 10 settle what
.oever doubt may in the minds Of good citizens
in any section of the country to the validity and i'm.
pea,ive obligation OF the satate to which refers
-"FuslrvK-sLAvE LAw.-The welkoown sympalhies of
Judge Mclean in respect freedom and free territory
his position the bench OF tho Supreme Court of the
United States give his recent decision in favor Of the
of this law significant import In
the Safe Onio in which he iesides there has been
ed on secret but extensive combination against the
rights and interests of her adjoining nsighbor ksnucky
continuation with the sprii of tbs constitution,
and with the existence Of harmony between
those States and such would breed open rupture be-
Them il they wholly separate and ndspe, dent
citizen Of Kentucky who alleged that bis slave had
capped, took tho in the State Il Ohio
him. On affidavit that the pefson srr.sed
Illegally deprived of his liberty, Aabsas corpus
issued by Judge Nc Leant, qure into the Of ar
r The fact thea made cut, TIE satisfaction Of
the judge ha, had boon PR pesy made, but the
delivery of the person arrested obj scted TO. the
gronnd that The laws respect this matter raised in
I795 aud 1885, uncoasttasio ,sl sni void. Judge
Mclean holds that both constitL u and In refer
ring the frequency vita which he pioneer sct. that Of
,195 had been taned declares that hns weight
Of authority his Yo,at ohieh cassos b. r,~isrd asy
ia hx 4 fsfioa And ha "a his ado
-. lode pendent of this authority, which silei &c oil
objection, shall arrive the conclusoa by cok
ssrucron points
be seuiedi lfn Is paid 70 the weight q cou
fsbrc viii be shakentbere al disorder ,onfu-
sion. nor will there be protection 10 right"
law OF The land IL is the foup dat,on of all The gicp OF the
country; all our oivd virtues have hourshed u,dsr IL;
IL secured the fruits Of our ~ vo!uton'
Il 10 almost certain thai the decisi will bs re-
iterated unanimously. The question in shal ever
reach the Supreme Cour, Of The United St,s lnAivd
usly, Of the judges Of that august tribunal have al
ready expressed their opinion Said Mr.. Webster in his
spcsch al Syracuse, have yet b, ard the who's
Union 10 worth si1 peIce who has s.d that the law
crfectly constitutional The judges Of the gu rene
Court Of the United Saies--of New Yoik-of Ma,sschu.
-tsal say the law copsiiu'i oDa asscd in per
feet ormity The constitution. The varaors ifcm
the law OF 1928 in hat oil 1850 u Of detail and not
those Of principle. The law OF 1850 larger
pcnss,icn in casr The fugitive delivers mp, Than II vet
liberty = difference charged TO have been made bJ
Congress with view influence the decision Of officers
OF The law. Judge Mclean that this does seem
be rightly nnder and that the additional compcn-
,aron In the from the additional wrasp
be DONE which he may 10 covered by The
add,tooai allowance. Mr. Evas, in bis clear anays Of
this law Castle Garden, showed conclusivey that
the difference in lees conform to the difference 10 NJ
vice. This point having bsen put forth from the bench
with ull knowledge d the service reGd.fed in each cs
ought to silence those unfoandsd eaos which have been
en's red against ,his portion Of he acs-
The main point upon which the counsel Tor the fug'
tive hinged Ls objection the law this that he cau"
OF the cosrution requiring that The escaping shall
be deivcre1up' only to be carried through Stats
cgsa,ion, and not a. all through the ilsuumsnsiyo OF
Congress This 10 the principal point which the law
is suscksd by the New York Evenipg Post. Jodgs Nc.
Lean dispocs Of this point sammarIly cscsuay The
possibility that the laws OF tho sevesal Satss ehi
with the requirements Of constitution 10 int
mated the clause 70 ibis ,ubect Idsclarss that per
held service labor In State ard who shall
cape into another shall not. - eosSs~s. y say As
rrvlsfe~ h~, be discharges from service labor
bp, hs be delivered up, claim oil the party whom
such labor may be dne The Sats Of Psnnsh
snia scosy passed laws TO obsuuct, II prevent their
delivery The framers oftas consrutisa Looked 70 this
con,u seroy ard provided against Iii and |, 10 prspou
that they intended Ia the fscs Of the nt
nation whioh We clause s1ptsss.s 4, repo.s wholly on
States which eht exhibit Lostile feeling and all
on the ia~makng which ,hs i,sef e.
tsbi.hss.
Tho remaining point taken In this c, that the got Of
Congress nnges upon ne we'll known right OF ua W
jory was oveuned by Judge Mclean who the par
ties over 10 their night to amnd the II ihsJ
wish TO enjoy this prviIese.
The right Of rsi BY jury La, boon applied, ard
csnnot be consistently applied to exadi,ion ca'es
The delivery Of agitivss from justice under ueses with
foreign nations and between the 81, vnd cossu-
tuition, belongs TO the ssmc oss hey all for pssi
mary. not for final vrssiga,ions They made wbs
view to determine whehs' the party all be remsod'd"
the jurisdiction from hich hs d. there be ued
The Justice Of ihoss States be trusted political
ara lodc si srrarE ents and il oal he hal " con'
nsfen ssd altogether nnusual 10 euend The cunbfc"'
machinery offs jury tfisto prslinnsrf II qaass OF that
! befacter.
TIE decison OF Jnds MeIean - Al fs~ poin" may
DO REGARDED - decisive Jhy ara made ith the sufs
tion that he does o. eel At hbssy follow out whs' NJ
abstract opinions on the subject Of slavery wht pro"P
The obligation u snppor; The consttnton be holds
paramount over all Irvaie and snola cn vc.ens $40
In this respect he an e,anl which every good siF
zsn must eilo~."