Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-09-08
Whole Number Y.

treated in that light. Some say this mat
Ter was not discussed in the Convention;
il is true the debates were not authorita-
lively published. but the matter wss one
Of great anxiety at the time. and Chief
Justice Ma arshall. es competent as any 9TH
er man, contended for this right, to have
a slave delivered up. Ii a State refuses
TO pass law to surrender, has not the
Federal Government right TO carry out
provisions for re-delivery? How Is 1t
for fugitives from justice, they depend up
on the same principle.
THIS great question has excited dIffer-
ences and anxle:ies. When the Constl-
tuition was adopted. one half of the States
were slave States, and before that. fugi-
tive slaves were rendered by comfy. but
this provision was inserted TO Settle these
distracted questions. As Chief Justice
Marshall said. a Government was want
ed. and the Federal authority. was vest
Ell with this Supreme authority
A much wider exposition has been at
tempted; it has been conteDded that the
| law of 1880. may be applied TO all per-
sons against whom claims held for service
4 d
expired clerical services unperiormed;
am glad to say ;ha. shall never apply it
to contract or to the clergy, for. after
delivered UP, it wosld be hard TO make
him preach. The clause relating TO rem
dition of persons held TO service or labor,
had its principal applicption to persons
held TO bon age. as shown ny Madison,
who contended that the slave was as well
protected by the clause. as fthe word had
Seen there. for TO his honor. ne desired
not that the word should appear in the
! Constitution. Ii has been stated that this
is an ex- parte proceeding. l think not;
! if the counsel for the de lendant had shown
cause for continuance, | would gladly
have granted il. l cannot. here be gov
erned by sympathy; have to look TO the
law and be governed by the law. and to
guard myself with more than usual cau-
tion. in such case where judgment might
be warped by s, mpathy.
The completeness of identity has been
alluded TO, that was an open question:
the right and opportunity was given to
show that he was not a slave. AS 10 the
incompleteness of it, not having provided
a trial by jury. in my Judgment as lar as
nv experience goes. no moster can have
any reasonable grounds OF tear from an
intelligent Jury. In one case remember.
there was one person on the jury. use
the term not in reproach. an abolitlonlst,
honest and intelligent. sworn 10 be gov
erned by the law& testimony acquiesced IN
the decision of his colleagues, " the slave
was renan nded 10 his master. This is not
a final decision as 10 his liberty. this does
not bar the introduction OF proof, even In
Kentucky. or whatever State he may be
taken to, if any proof can be presented
that he is free man, and is unlawfully
de .ained in bondage. He may be sold in
to other hands. but this tribunal is not
responsible, this Court is bound by the
law.
AS to the powers of Commissioners.
notice is not taken here; provisions OF
law may be constitutional In part and not
, in whole: sn unconstitutional provision
in law does not annul the whole; don't
intimate that any provisions are uncon-
sliIu,ional.
(Some remarks were here made by :he
Judge as to the mlScOnStruCllOn pldCtu ou
III. compensation of $40 allowed to tho
Commissioner, which evidently was for
the extensive writing some times requ'r-
ed in making out in extenso long GER
tificate of claim established.)
This is not a case for sympathy; the
evidence certainly is complete that the
fugitive had a kind master; of the this
matter. we on the northwest bank OF the
Ohio River have no concern; the Law has
been enacted by the highest power. that
none is higher, is acknowledged by all
men. Sooner or later a disregard for the
law would bring chaos. anarchy and wide
spread ruin; the law must be enforced
Let those who think differently go to the
people who make the laws. ] cannot
turn aside from the sacred duties of my
office to regard aught but the law. By
all the force Of testimony and the law, 1
am bound to remand the fugitive to HE
master"