The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-13

1872, 8 a. PuIendorf B. 3. CHI. g. sects s. 81; Ruthsrf
Inst B. 2 CHI o. Kent Com s3, 35) It Is truethat the
reasonable conditions upon ts exercise and exact guar
antics against its abuse But subject to these ita
tons is the right Of every citizen Of friendly state
The right Is the same, and admits just the same quail
fcations as to person and property. The argu
ment that denies the right Of peacefully transmitting
ones property through the territories of State, refuses
the right Of passage TO its owner and the question What
Is TO De deemed properly In such case refers itsel
brings ii different test would sanction the confscaou
Of property at the win OF the sovereign through whose
territory i seeks 10 pass If one State may decree thai
philanthropy, only little more energetic, may
Labor; AZ and third may dsuouuce similar outlawry
against all intoxicating liquids And If the laws Of
state can control the .gns Of , property Of strsnssrs
Orleans the cotton Of Carolina the wines OF Ohio and
the of New England may have their markets bounded
by the States in which they are produced and withou
any change of reasoning New Jersey may refuse to c
Of sylvana the right Of passing along her rail
roads New York. The doctrine Is one that was ex-
ploded in Europe than four handred and fifty years
ago. and finds or found very lately it's parting Illus
ta,ion in the politics OF japan.
1t was because and only because this right was ac-
knowedgcd by all civilized IONS and had been
doubled among the American colonies-because each
colony had at all times rendered its inequalities freely to
the rest cherishing that liberal commerce which makes
brotherhood Of interest among alien States it
country thought ofmaking the right Of transit subject
OF constitutional guaranty Everything in and about the
constitution implies It, 1t the object to
establish perfect union" in the denial to the
States of the power to lay duties imports and in the
reservation to Congress Of the exclusive right TO regulate
This last power OF the general government according
to the repeated and well considered decisions of the su
preme Court of the United States from Gibbons Og
den, 20 Rep TO the passenger cases. q Howard) APP
plies to intercourse well navigatonto the trans
portation OF well goods-of who pass from
STATE to State nvoluntary, who pass volunta-
ry and excludes the right Of any State to pass
resuatins controlling or, fo,sio'1 prohibiting such
of the eminent Judges who have affirmed this exposition
of the constitution but il is impossible to read their Ella
out recognizing this as the fixed law Of the United
States.
needs no reference to dsputabe annals to show that
when the constitution formed in 1881 slaves
recognized property throughout the Unicd States.
The constitution made them distinct element in the
distribution Of the representative power and in the
sessment Of direct taxes. They were known and
turned BY the census three years afterwards in six
The Union: and as late as the year 1890, they
were found in every State Of the original thirteen
ing force of the constitution BY claiming rights
under it to regard slave property as less effectively
secured by the provisions of that instrument than
other property which recognized such by the law Of
the owners eomicilf How can it be- that State may
single out this one sort or. Of from among all the
passing with its owner parcel Of his travelling equip
ment as much as the horse he rides coat
We revolt in Pennsylvania and honestly doubt at
this association OF with things the subjects of pro-
accustomed ourselves
nearly fifteen, to regard men, and things
things sub n,odo however; for we distinguish against
the negro much as our forefathers did and not perhaps
with quite muchreason They denied him civil rights
as slave we exclude him from political rights though
a freeman.
Yet stranger may complain of this. Our constitu.
tons and statutes for ourselves not for Others They
reflect sympathies and define rights. But to
all the rest Of the woridhose portions Of 1t especially
towards whom bound by the supreme law" OF
the Federal coSstution-they are independent of
legislation however wise or yrtuousi may be- for they
not represented in conventions and assemblies
and we do not permit them to legislate for US.
Whether any redress is provided BY the existing laws
Of Pennsylvania for the citizen Of another State whose
slaves have escaped from him while he was passing
through territory it is not my province to inquire
i is quite probable that he may be denied to
the courts, as much the husband, father, or
guardian whose wife, child, ward has away
he may lind himself referred ba * to those rights which
themselves inscparably to the relation he
pies-the rights of manucapton and detainer These
apprebend that he assert and exercise anywhere
aud with such Reasonable force circumstances render
necessary And do not suppose that the employment Of
such reasonable force could 10 regarded breach Of
the peace the right to employ it less directly Incl
corresponding character in either of the analogous rela
TONS In word, adopt fully this point the views
so well enforced by Judge Baldwin in the case of johnson
The right Of the master arrest his fugitive slave is
not solitary case in the law 1t may be exercised to-
wards fugitive apprentice redemptioner to the
extent and Ia done daily without producing excite
msnt An apprentice is servant, slave is no more;
though his servtudc is for life the nature of II is she
same apprenticeship or by redemption which, though
te, minated by time during its continuance as
right of parent to the services his minor children
which gives the custody of their persons. SO, where
enters bail for the appearance Of defendant in
commit him TO prison; or II the principal escapes, the
bail may pursue BIN to another state arrest and bring
him back by the Of all necessary force and Of
preventing escape The lawful exercise of this autho-
iy in such cases is calculated TO excite no sympathy
IS the ns in
master over his slave The right In such Is from
TIE .ame source the law Of the land: II the enforce
the other it is not from the In which 1t is DONE
but the nature Of the right which is enforcee-property
in human being for life. II this is unjust and op
presve the sb is the makers of laws which tolerate
slavery to visit it those who have honestly acquired
protection Of the laws the worst Of all Oppression and
the innkest injustice towards fellow 1t Is the
indulgence of spirit Of persecution against neigh
bors Tor offence against society Its nws but SIM
ply for the assertion of their in n lawful manner
lf this spirit pervadcs the country he goes on to
which protect species Of property those who lead
the crusade against slavery may at no distant day. find
their debit If master cannot retain the custody Of his
slave, apprentice redemptoner, parent must give
up the guardnnship Of his children bail have no hold
upon their principal the creditor cannot arrest his
debtor by lawful means and he who keeps the rghtful
Of lands chatels out of possession will be pro-
,ected in his trespasses.
When the law ceases to DO the test Of right and
remedy-when individuals undertake TO be its admins
traitors by rules their adoption the bands of
link from the chain Of justice which binds to the
laws, as the whole dissolved The specious
and seductive the protexts under which the law is
violated the greater ought to be the vigilance Of courts
and ures in their detection Public opinion il security
against acts Of OPEN and avowed infrngcments Of
acknowledged rights from such combinations there is
Danger they will fall by their violence the blast
expends its force by It's fury The only permanent
in the indulgence OF the humane and benevo
lent engs OF nature at what feel to be acts Of
oppression towards human beings, endowed with the
qualities and attributes ourselves, and brought
into being by the power which created all with
cut rejecting, that in suffering these feelings TO
into action against rights secured by the laws forget
the first duty Of citizens Of government of laws-obe
dience TO its ordinances"
There other legal proposition affirmed in that
opinion Of this Court but IL cannot need argument It
that the question: whether the negroes were
not freed by their arrival In PenDsy irrelevant
10 the issue; inasmuch whether they freed or
not they equally under the protection OF the law
and the same obligation rested Mr.. Williamson to
make true and full return to the writ Of hahe corpus
Simple and obvious this proposition is, II all
the Judicial action in the The writ required him to
produce the negro that the Court might pass upon his
legal right carry them oil 6eain them What qucs
f~b< aaftA bovr fbov