The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-27

gfesS 10 pass Pfoholtofy law Congress can at any time
repeal the prohbitory laws upon the book
against the slave trade and the States could then intro
duce additional slaves The slave States its always main
tanned by opponents controlled this govern
and they universally charged with aggression and
fixed design TO extend slavery Their refusal admit
more slaves from abroad may be relied upon full
swer 70 such allegations
In order that this right to introduce slaves should be
placed beyond all contingencies il is remarkable that in
The fifth ar,e providing for amendments Of the consttu
ton, the amendaory power expressly denied TO a
feet the rt and fourth clauses Of the ninth section Of the
hst article Could stronger language be employed and
was any right ever more expressly recognised and pro-
tecied I The said fifth article declares that
aThe Congress- whenever Of both houses shall
deem shall propose amendments to this eons
~ or on ne o' the oi wothirds
amendments, which, in either shall be valid to all in
na np - par q a sh aS 4s
1908 .aah ~ any affect Msara aad fourth eausss IN
the ninth section ef the first article"
Thus it will be observed that an amendment Of the oon-
tuton would have 10 be resorted 10 prohibit the
States from introducing slaves from abroad If Congress
would not legislae against it.
Here then, is the strongest and most unqualified evil
dence u the recognition Of slavery The third clause Of
section two article four, provides that
"No person held to service labor in State under
the lava thereof escaping into another shall In
OF any law or regulation therein be discharged from such
service labor but shall be delivered claim Of the
party to whom such service or labor may be due"
This clause, to the to which it goes protects
slavery any State against the posge lacs regulations
thereof. II no State had such laws regulations, and
passed none then the aforesaid clause of the constitution
was nopsrave practically and slavery as legal species
the shape Of property This right of the results
from bis ownership and the right the custody and
vices OF the slave by the coman law. Ii the right
by which bail may arrest their principal in another State
The constitution and laws of the United States do
e but this right to reclaim fugitive slaves against
State legislation In Peterss Digest of the Reports of the
Supreme Court of the United States page $780, &c it will
be found that the said court has placed this matter beyond
| ell cavil: s.. .#aa s. aa
"a citizen of another State from which slave absconds
into the State OF and take him with
out warrant and much force necessary
him back to his residence lie be arrested sunday
in the ngbt-n the house Of another if breach Of the
committed This right of the results from
owneshp and the right to the custody and service Of the
constitution and laws OF the United States do no.
confer but this to reclaim fugitive slaves against
the laws OF the State 1t offence against the laws OF
the State for his abscondng slave to the
State from which he sbsconded No person has right
oppose the in recaiming his slave demand proof
property The master may use force in repeling such
/ position" s#a sa- .u. s lH.as-
The right of property in the Of the slave in another
State is placed high above all State regulations and
answeraby announced by highest court in the land
The constitution also in the third clause the second
section of the first article in making provision for
senaton and TAXATION expressly recognises the existence
of slaves the most valuable OF property in the adjust
| ment of its representative and taxable basis
The Supreme Court has, on sundry occasions clearly
and firmly maintained and enforced this right will refer
TO most grave and important which brought be-
fore it, and which imposing and serious in its bearings
especially IL involved oil
neutrality-suspicious. and Mary land loyal and neigh
boring States, being Immediately concerned a.sa.@la.
This the of Prgg citizen of Maryland against
the Commonwealth of Pennsylvana Justice Story,
distinguished ur and Of whom Massachusetts, may well be
proud OF her ustrious sons, with all the moral
grandeur and irmness in keeping with such cause de-
| livered the decision Of this high court
In the syllabus OF the the law is thus stated
't win probably be found when look the character
Of the constitution Of the United States tsethe objects
which it seeks to attsin-the power which empoysthe
duties which the rights which
well as to the known historical facts that many Of its pre-
visions matters Of compromise posing and
opinon-tha uniform of Interpretation be APP
piled which not allow, If il does positively de-
mapd many notifications in its application to particular
clauses Perhaps the safest rule Of tation after
will be found to be look the and object of the
particular powers duties rights with all light and aid
contemporary history and give the words Of just
such operation and force consistent With their legitimate
Its historically well known that the object Of the clause in
the constitution relating to persons owing service and labor
en Of the .avehodlng States the complete rgif and le OF
ownership in their slaves as property 70 ersy Stare Of the
Union into which they might escape from the State where
| they held in servtude. HE #s
Tbe full recognition Of this right and title indispen
sable the securiy OF this species Of property all
avehodng States and indeed so to the preser
vaon Of their and institutions that 1t
not be doubted that constituted fundamental article with.
the adoption Of which the Union could not have been
formed l true design was TO guard agans, the doctrines
preventing them from tsrmedng WITH or o6srueng or
oboh'ng the rig Of the Of slaves The clause in
plates the existence Of positive unqualified right on
the part Of the OF the slave, which State law
ulaton can in qualify, regulate control restrain
Any State law or regulation which interrupts limits delays
postpones the rights Of the the Immediate
mand OF bis service labor, operate
Of the slave tberefrom. The Of fugitive slave hss
the right TO seize and take him in State 10 which he
escaped that be has 10 the 1ste from which be fed The
court have not the slightest hesitation n holding that
and In virtue OF the constitution, the VI the
clothed uith the authority In State Of the Union
seize and recapture his SLAVE.
The right 70 seize and retake fugitive slaves and the duty
o deliver them In ahasyer state Of the Union
be found h under the constitution,
positive right and duty, pervadng with
equal and supreme force uncontrolled and bv
State sovereignty and State legislation. The right and duy
cpesenTe ssd uniform in remedy and through
ont the ~hole Uuion The has the
the remedial justice and the .rerption
regulations and coutro through however many States he
may pass with the fugitive slave In his possession In
TO his Peters RsPort. p 54o adjudged in 1si2
This clear and unqualified annunciaon Of the law from
the highest tribunal in the country pronounced by the
of the State Of Massachusetts is irressbly conclusive
| Prom its scope and tenor 1t may well be maintained
that under the constitution Of the United States
free slave, parties TO the covenant that We
the people" In the preamble 10 the constitution does
not include them; that the spurious viJus aud
ing doctrine Of the equality OF the negro aud the white
in this country at least heresy; that
within onr jurisdctiona limits a nation negroes
be presumed and considered slaves and property and that
under the operation OF this clause in relation fugitive
slaves and their speedy recaptnre Dader the lucid expos
ton OF highest court for its Interpretation the sae
presumption mnst be uniform and maintainabIe In nom
slaveboding well as slaveboldng State more especi-
ally II they have no local law declaring the OF the
negro Tue constitution OF the United States has
You'd all question recognised and effectively ordained and
established slavery TO the negro lie, MS further
ascertain hat had been its previous history which