Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1855-10-25
Slaves in Transitu.

delphla: whether State can declare Tree,
negro slaves brought into her borders for
the purpose of passing through Judge
Kane, of the U. S. Circuit Court, at Phila-
dephia, in the Passmore Williamson case,
FOLDS this language;
need not say, that, before the compact
of union was formed between the States,
each Of them was an absolutely sovereign
and indepenent community; and that, except
so far as their relations to each other and to
foreign nations have been qualified by the
federal constitution, each Of them remains
so. AS such, it is bound by that great NOR
al code, which, because Of its universal OBJ
legation, is called the Law of Nations
What it could not do if freed from federate
restrictions, it cannot do now; every re-
straint upon its policy, which duty 10 other
States would in that case involve, binds il
still, Just as il the Union had been dis
solved or had never been formed.
All the statists unite in regarding the
right Of transit for person and property
through The territory of a friendly State as
among those which cannot, under ordinary
circumstance be denied. (Vatte, B. 2. CHI.
10, sects. 1872, 3, d. PufFendorf, B. 3. CHI. 3,
scots. s. 81; Rutherf Inst. B. 2. oh. 8; l
Kent Com. SO, 35.) 1t is true that the
right is not al unqualified one. The State
may impose reasonable conditions upon IFS
exercise, and exact guarantees against its
abuse. But, s., to these limitations, it
is the right Of ~ citizen Of friendly
State.
The right is the same, ard admits just the
same qualifications, as to person and to pro-
perry. The same argument that denies the
right Of peacefully transmitting ones pro-
perry through the territories Of a state, re-
fuses the right of passage to its owner; and
the question what is to be deemed property
in such case, refers itself necessarily 10
the law Of the State from which the citizen
brings il; different test would sanction the
confiscat ion Of properly at the will Of the
sovereign through whose territory it seeks TO
> pass. If one State may decree that there
shall be no property, no right of ownership
in h':man beings, another, in spirit Of
practical philanthropy, only little more en-
ergetc, may deny the protection of law to
+ the products of slave labor; and third
; may denounce similar ontlawry against all
, Intoxicating liquids. And if the laws of a
State can control The rights Of property Of
: strangers passing through its territory, then
the sugar of New Orleans, the cotton of
Carolina, the wines of Ohio, and the rum of
New England may have their markets
bounded by the States in which they are
produced; and without any change of rea-
soning New Jersey may refuse to citizens
of Pennsylvania the right passing along her
e railroads to New York. The doctrine is
? one that was exploded in Europe more than
fonr hundred and fifty years ago, and finds
now, or found very lately, its parting Illus.
e tIation in the politics of Japan.
e 1t was because, and only because this
\ right was acknowledged by all civilized ma
= tions, and lid never been doubted among the
+ American colonies because each colony
= had at all times rendered its hospitali,es
freely TO the rest, cherishing that liberal
commerce which makes brotherhood of in
terest even among alien States; it was be-
= cause of This that no man in the convention
or country thought of making the right oil
0 transit subject Of constitutional guaranty
Every thing in and about the constitution
Q impl"res it. 1t is found in the object ste
1 establish more perfect union" in the de.
!, NAL TO the States of the power to lay dutie,
on imports, and in the reservation to Con
gress Of the exclusive right 10 regulate com
!. merce among the States.
n This last power Of the general govern
: ment, according TO the repeated and wei
;, considered decisions of the Supreme Cour
), Of the United States. from Gibbons VS.. Og
IS den, 6 Reps. } to the passenger cases, &
Howard applies to intercourse as well a
0 navigation-to the trans portation of men a
; well as gOods-of men who pass from Stat
;. to State Involuntary, as men who pas
N voluntarily; and it excludes the right O
= any State to pass laws regulating, control
p ing, or, a .tort'ori, prohibiting such inter
~ course or transportation. l do not quot
the words of the eminent Judges who hay
affirmed this exposition of the constitution
but it is impossible TO read their elaborat
> opinions, as they are found in the Reports
'' without recognizing this as the fixed law
5, the United States.
(" 1t needs no reference to dsputable ANIMAL
- TO show that when the constitution WE
"' formed in 1887, slaves were recognized {
We property throughout the United States