The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-10-26

! persons upon whom the fugitive clause may
act and this, too, in perfect harmony with its
| professions of justice, benevolence, and com
mon law right. And there is yet anosher class
not mentioned by the Judgc--contrsctors who
undertake, for a valuable consideration, to per.
| form service and labor in one State, and, in
violation 0s contract. procGge advances and
unJustiy escape into another State
Thus 1t is obvious, at glance, there is DC
! necessity to violate the plainess rules Of legal
corstiucion-the plainest principles of equity
Justice, and benevo'ence, and the very founda-
| tion of common law, which beneficently pre-
| sumo every mar entitled to his natural rights
OF life and liberty-ii favor Of the fraud, force
and violence Of oppr zsgors. For It reed not be
urged here, it IL te.iG7ed, that st common law,
sc well as common sense, a man cannot be-
come indebted, or under legal obligation, TO
another, without his contract or consent. either
express or implied, and without valuable
consideration. And | would respectfully ask
Judge Irwin to explain, if BIO can, in what
code he fdds law to compel 3 nSn to ScyUe
him, not Crly without his contract or consent,
but against his Wil and without any Yaluablo
consideration and not for dGY or year only,
but during his entire existence upon earth, and
deprived, ct the same time OF every social, ed
ucationel, political, moral, and religious right
and privilege?
But let us very briefly examine Judge Irain's
exposition OF masters claim to the services Of
his (talseiy SO called slave. He save as above
quoted, "a claim in JUDICIAL sense. is q de-
mand OF some matter, as of right, made by one
person upon another, to Go, or to iorbcar t. do,
some act or thing as a mater of duiq"
Now, admit this sbstl act proposition to be
! tfue-Glthouah somewhat loose and vague
| and merely assume, what | apprehend the
learned Judge Will be slow TO deny or Contra
diet, that the rule applies equally to all persons
and all classes of prisons, ter be so applies il
himself-will tho Judge be prepared to admit
Its logical sequence, that its application may
be such to himself SIS shall mako it has duty to
serve another without consideration and with.
out his contract? win he admit that any
suppOsable state Of circumstances will or con
place him in such o situation that another may
have r4ght to buy and sell him. for he is only
a person,) and compel him to serve as slave,
without his consent! Can any state of cir
cumstanoes induce the learned Judge to admit
that, under our Constitution, he, as a person,
can be owned by another? If not, pray why
not! For mcst certainly the Judge will net,
cannot, urge that the complexion, color ef the
skin, crisp of the hair or place Of nativity, fixes
the question of the rights Of persons. And,
until Judge Irwin can fix some principle of sp-
plieation Of his remarks more definite than he
has, as above quoted, he must elbow me TO de-
mur to bis assumption that they apply to one
class Of persons more than another. And when
he talks of injustice to the OWNER q must be
permitted to say that under our Consttu
there Is an INJUSTICE lying back of this in
pretence Of which this (great as the Judge may
suppose it, sinks into utter insignifc Ance-tho
horrid injustice of depriviDg men, women, and
children, PERSONS" unaGcused Of crime, Of
liberty, education, the marital and social Tela-
TORS the Bible, the Sabbath, the rights of citi-
zenship, the protection Of female chastity, and
all the untold benefits Of civilization and re-
fnement, which his honor the Judge SO richly
and freely enjoys
And now / assume, fearless Ct sucoessful ref
utation, that iaa3lnuch as by the ordinary Iuics
Of Judicial Interpretation, we are bound to give
an innocent and benevolent construction 10 Jac
Constitution, n all sscs v here the llnsur;sr
viii bear it; and ina5mu1h A., under the pre-
amtie and general scope, spirit, 3nd infant Of
the Constitution, we are bound TO interpret
every clause and fix every intendment and pre-,
sumption, in favor of justice, democracy re
pub!lclnism, and freedcm and inasmuch as
there is no distinction in the use Of the word
person, in the Constitution, between classes or
races, 1t is an outrage upon principle and right
TO affirm that the fugitive clause (whatever
might have been intended by tyrsnts and op-
preesore) has or can hare any legal or consti-
tutonal reference to slaves or Slavery and
especially as no man can ore another withOuS
contract and without consideration.
Theec gre, 1t seems to me, the only fair and
logical Geduc ions from the langua &c as we'll p.
the spirit Of the Constitution and amendments
upon this point without reference to extrane-
Gus or historical means Of construction. but,
even in the history Of the Convention which
framed the Constitution, a. we'll az the discus
sions Of the People who adopted it and it,
amendmentp Judge Irwin will fdd nothing le-
Ultimately to rus.ain his tyrannoal and des-
potic ASSUMPTIONS.
Aud let ino, in closing, respectfully intimate
to tho Judge that it is Ii It a legitimate method
10 travel out OF IA instrument to fad its mean
ing, if it contains within itself the means OF as
csrtaining It's intsnt. e.
CentrsUilie, Mteh., Mareh, 1854.