Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-23

The Fugitive slave Law a Defective Title.
-Grnnd Mass Convention oil States on July
18Th, Anniversary
We readily understand what a defective
title is in land, and that where such defect is
fatal no possession is good that conveyauces
however numerous or often repeated, while that
defect remains, do not avail in the least to
wards. removing. that defect. Deeds, multiplied
by folos, are OF no account. We take the fol
lowing undeniabe, unanswernble position:
That the North West Territory nOlO represent
ed orgaHically by the States Of Ohio, Indiana
Illinois, Michigan, Wisconsin, and a part Of
MHaesota has from The Ordnance Of 1887
a good indeteasible htie against The operation Of
all Fugitive Stare. Lalos ind all Judicial dscis
ions holOeucr poluminouS. Fugitiuc Stare Ial0s
no 10 fLo aBors ,a,nsd C,aioo oro L..s dsfssI.Do
title, an interpolation and not l0orthy Of being
entertained fOr a moment
A few remarks may be needful on this
broad assertion. The North West Territory
is the very Eden of liberty and if the enemy
has broken into this hallOwed spot with his
leginns Of mlscreants under this banner Of
fugitiUe Stare LGios he is where he has no
title nor rights and ought TO be forthwith
elected and cast out The States, not in IT, cir
cOnlederated character, but as independent
SOvereigntles, before the Constitution was
formed made the memorable ordinance of July
10, 1857 1t was 4 compact as between the
original St,tcs of the one part and the people
who should iuhabit that Territory of the other
part II was of lasting validity, irrepealuble
and forever unalterable except by the common
consent of the parties.
The "Ordlnance" begins on this wise:-"An
ordinance for the government Of the Territory
OF the U. 5 Northwest Of the river Ohio"
"Be it ordained by the United States in
Congress assembled" Alter prescribing how
government in several minor points is to be
administered for the time being, it then enters
upon the broad field of a permanent Legislation
as follows, "And for extending the fundamental
principles of civil and religious liberty which
form the basis wheTeon these republics, their
laws and constitutions are erected to fix and
establish these principles as the basis of all
laws, constitutions and governments, which
forCver hereafter shall be formed in the said
territory to provide also for the establish
ment of States, and permanent government
therein, and for their admission to a share in
the federal councils on equal footing with the
original States, at early periods as may be
consistent with the general interest:
ltis hereby ordained and declared by the au.
thority Aforesaid, That the following articles
shall be considered as articles Of compact be
tween tho original States and the people and
states in the said territory, and forever remain
unalterable, unless by common consent, to wit
ARTIoLE III, The iahGbitaats of the said ter.
ritory shall always be entitled t. the benefits Of
the writ of habeas corpus, and Of the trial by
Jury .. -
ART. " The said territory and the States
which may be formed therein shall forever re-
main part Of this eonfederacy Of the United
States of America, subject to the articles Of
and to such alterations therein as
shall be consttutionally made; and to all the
acts and ordinances of the United States in
Congress assembled, cOnfOrmable thereto
The inhabitants and settlers in the said terrific
ry, shall be subject TO pay part of the federal
debts" DC.
ARr vi. There shall be neither slavery
nor involuntary sergitude in the said territory,
Otherwise than in the punishment of crimes,
whereof the party shall have been duly con
'icled; Provided always that any person es
,aping into the same from whom labor or ser
ice is lawfully claimed 10 any one OF the or
gina States such fugitive may be lawfully re
'lalmed, anu conveyed 10 the person claiming
lis or her labor or service as aforesaid"
"Done ia Congress assembled and of their
sovereignty and Independence the twelfth"
The slavery prohibition in the 9th article OF
.he ordinance has been transferred in precisely
.he same language into each constitution Of the
several States down to and including Wiscon
3 n Of this galaxy of ordinance States. IL may
De noted that the slave prohibition is againsl
,layerY fugitive as well as slavery resident for
he latter carries the former The whole status
lf slavery falls before the sweeping mandates
IF the ordinance The slave on passing this |
RubicOn from the East, South or West (from |
he North he cannot cOme) loses that status as |
snake drops its skin. Il is a soeoism TO |
suppose that in the "oTdinance States" there |
san be fugiliyes, running slaves There is TO |
De sure one single exception, solitary pfovis |
on of the general rule, and that is, in the case
# fHgityes from any of the original States |
But from the concurrent Congressional, legis- |
alive and other history Of the times Of public
eminent may il be asserted that this lease
granted was not considered 10 extend further
han the period granting the permission of i'm
porting slaves from Africa, viz 30 years, aud
never that any uniainess should be used with
an instrument that did not in express terms