Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-10-24


must withdraw all such concessions and go back
b. to principle.
D Second Point-The unconstitutional and revolu-
tionary nti.Slavery resolutions of April, 1857,
cannot retract so to affect this case. Prior 70
that time, no legislative act of this State had ever
declared that to breathe air or touch our soil
should work emancipation ipSO tdcto; nor had any
statute been enacted which by its true interpetra-
ton denied to lel!ow-citizens of other States an
Uninterrupted hdHsiM through our territory with
, their negro slaves,
Interstate comty in its simplest form, awards
free transit to members of n friendly State with
their families and rights of property, without dis
. turbance of their domestic relations. Whatever
others may do, no American Judge can pronounce
, slave property an exception to this rule upon the
: general ground that Slavery is immoral or unjust
e Every American citizen is bound by the Consttu-
ton of the United States to regard as being free
from any moral taint which could affect its claims
to legal recognition aGd protection, 50 long as any
State in the Union shall uphGld 1t. The repeal by
the act OF l84l of the special privileges gwen by
sections to inclusive of the act OF 1871, ~ the
view most adverse to the slaveowner, merely left
the words "imported introduced or brought into"
to be applied according to their natural import
without those sections. So construed, they would
not extend to mere carrying through the State -
The word "into" differs in meaning from the word
"withn" as used in the legislation of 1857, and
marks the characteristic difference between it and
that of 1857. 1t is impossible to give the legsla-
ton of 1917 the comprehensive effect which was
designed by the reasonable resolution OF 1901
All will admit that fugitive from Slavery in Nir-
gna found in Vermont may be carried back
i through New York under an extraditOn certificate
Il This would seem to prove that carrying through
the State was not, in the judgement of the Legis-
ature, bringing into the State within the mean.
ing of the act of 1871
Third Point-The State Of Newly cannot re-
strain citizen of the United States from peacably
VI passing through her territory with his slaves or
other property on a lawful visit to a State where
slavery is allowed by law.
The power to REGULATE commerce" is exclusive
in Congress, so that no State constitutionally
enact any regulation Of commerce between the
4 States whether Congress has exercised tho same
power over the matter in question or left it free.
I The proposition involved in this is that
citizen of Virginia in possession of his slave pro-
perty, cannot pass through the naygable waters
of n non-saveholdlng State on board Of coasting
steamer enrolled and licensed under tho laws Of
Congress, without having his vessel arrested under
State law and his property torn from him by force
of Lord Mansfeld's oJHer dicium in Somerset case
1t cannot be maintained. Each State is required
to give full faith and credit to the public of
every other to surrender every other fugitive from
its justice or from any personal duty. No privil
= ege or immunity belonging to a citizen of one
State can be invaded by any other State, ID. /,
Commerce between the States is placed under the
exclusive control Of Congress. 1t to have
been universally conceded until the presents case,
and at all events it is clear in law, that citizen
OF any State in the UuiOn may freely pass through
an intermediate State to the territory of a third
without sacrificing any of his rights. The word
; commerce" as it is used in this constitutional
grant of exclusive power to Congress- includes the
nsportaton of persons and the whole subject Of
intercourse between our citizens OF different States
as well as between them and foreigners.
! Fourth P0iEt-The constitutional guaranty to
'the citizens of each State" that they shall be
titled to all privileges and immunities of citizens
in the several States" affords the citizen of any
State, peacefully passing through another right
to immunity from such disturbance as the plaintiff
suffered from the order under review.
This section would lose much of its force and
= beneficial effect if it construed to tecure
to the nonresident citizen in travelling through
State only such "rights" as such States may allow
to its own citizens. Its object to exempt him
from State power, not to suject him to it, The sec
tion is not to be thus narrowed. The Constitu-
tion recognizes the legal character 'ctizen of the
United States" as well as citizen of particular
State. The latter term refers only to domicii, fog
every citizen of particular State is q citizen of
J the United States. And the object of this section
was to secure to the citizen, matter in what
State he might be domicated, the general privil-
eges and immunities which in the very nature of
of citizenship, as recognized and established by
the Federal Constitution, belonged to that status
so that by partial and adverse legislation of a
State into which he might go a stranger or So
jOurner could he be deprived of them. 1t is curb
set upon State Legislation harmonzing with the
provision which extends the aegis of the Federal
Judiciary to the nonresident citizen in all contro-
versies between him and the citizens of the State
in which he may be temporarily placed. BY the
comfy of civilized nation, the stranger is allowed
to pass through friendly territory without molest-
alton. Even begerents allowed to pass
their armies friendly neutral territory. The
object of this section to secure TO the citizen
of the United States all the general privileges and
immunties of citizen of the United States while
/ temporarily and necessarily within q state other
1 than that of his domicil.
! Fifth P0int-Hhc general doctrines of the Court
in bred Scotts must be maintained, their al
legged novelty notwithstanding, TIE linen" Of the
declaration of independence in l77G; the "free
inhabitants" spoken of in the articles of Confeder-
alton in Nov. l77S, and the inhabitants" and
male inhabitants" mentioned in the State Consti-
tuition of that day, did not include all to whom
these terms were lexicOgraphically applicable
Indians living in their tribes were not included
The negroes not included. When at the close
of our revolutionary struggle the same great fami-
y of States sat down to frame the laws for more
perfect and perpetual union, the citizens of whom
/ they recognized as the supreme original source Of
all political power were the same class who acted
together at the outset. If in such instances
and to such limited extent as to escape notice,
groes had been permitted in particular places by
overstrained beraliy in the Interpretation Of laws
or by Ignorance Of them. to glide noseessly into
: partial exercises OF political power inference
| fatal to the republic should not thence be drawn.
Sirth Point-':It is highly fit that the Court be-
low should be corrected in the view which it has
taken of this matter sin ,e the doctrine laid down
by it in this sentence is inconsistent with the peace
of this country and the rights of other States"
MR.. EyARTs POINTS.
First Point; The writ of habes corpus belongs
of right to every person restrained ofiberty with
in this State under any pretense whatsoever, un-
less by certain judicial process of Federal or State
, authority the office of the writ is to enlarge the
= person in whose behalf it issues unless legal
f cause be shown for the restraint of liberty or its
, continuation
}, Second Point The whole question. thon is this
Does the relation of master and slave which exist