New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-21


shall ID consequence Of any law o. regulation therein
be Discharged from euch service labor, &c. There
was az hast one State which at the adoption OF the
constitution did net tolerate Slavery; and IN several
Of the other States the number of slaves was small
and the prevailing sentiment ia favor Of emancipation
90 strong, that 1t morally certain that Slavery
would be speedily abolished Il aFsumed by the
authors Of the Constitution that tho fact OF a fsderaive
c1oD "ouid not OF itself create duty the part OF
The STATES which should abolish Slavery to respect the
rights OF the owners Of slaves escaping thence from
the states where 1t continued TO exist.
| Ibe apprehension not that the States w0uld es-
tsbbsh rules regulations looking primarily to the
emancipation Of the fugtives from isbor but that the
aboiiiion ct Slavery in any SAFE would draw after it
the principle that person held in Slavery would im-
mediaiely become free arriving, in any msnnsr,
within the limits of such State. That principle had
then recently been acted upon in England in case of
great notorety which could not fail to be well know
10 the cultivated and intelligent men who were the
principal actors in framing the Federal Constitution.
tHgluia gentlemen Of the name Of Stewart had
occasion to make voyage from his home In that
colony TO England on his affairs, with the inten-
ton Of returning as they were transacted and
be took with him hie personal servant his negro
slave Somerset, whom he had purchased in Virginia,
and was entited to mold IN stale Of Slavery by the
laws REVEALING there. While they were in London
the negro sbscorded from the service of his master
but was Teaben snd put board vessel tying in the
Thames bound 10 Jamaica, where Slavery also pre-
vailed, for de purpose Of being there sold slave.
On application to Lord Mansfield, Chief Justice
1
IN Knowles master Of the vessel, whose return TO
the writ oiclosed the foregoing facts. Lord Mansfield
referred the 10 the &c cson OF the Court Of Kings
Bench, where 1t WISE held by the unanimous opinion
OF the Judges that the restraint Illegal and the
negro was discharged. THE Negro case ii Hargrsves
State Trials, 340 Somerset agt Stewart Lofts Rep.
IL Ii was the opinion OF the Court that state of
Slavery could not exist by force of posve law, and,
it being considered that there was no law to uphold
in England, the principles of the law respecting the
writ Of hsbeas corpus Immediately applied themselves
to the case, and became impossible to continue the
imprisonment Of the negro.
The decided in l772, and from that time it
became maxim that slaves could not EXIT In England.
The idea reiterated in the popular literature Of the
language, and fixed in the public mind by striking
metaphor which attributed to the atmosphere of the
BTiiith lsands quality which caused the ehackes OF
slave TO fall off. The laws Of England respecting
personal rights were in general the laws OF the Colo
n'es and they continued the system after the
Revolution by provisions in their Constitutions, adopt
ing the law, subject to alterations by their
statutes. The literature of the ColOnie was that
| If the mother country.
The aspect in which the of fugitive slaves was
pIeseIte TO the authors Of the Constitution therefore,
was this: number Of the States had very little inter-
Get in continuing the institution Of Slavery and we're
likely soon to abolish 1t within their hmlts when
they should do So the principle Of tho laws OF England
az 70 personal rights and the remedies for illegal i'm
pssoDment would Immediately prevail in such States.
TIE judgment in Somersets case and other principles
ann Ouneed BY Lord Mansfield, standing atmOni-
ons that even temporary restraint of personal lib
erty by virtue Of title derived under the laws OF
Slavery, could net be sustained where that institution
DID not exist by positive law, and where the remedy
by hsbeas corpus which cherished Institution OF
this country as well as in England, established.
Reading the provision foI the rendition OF fugitive
slaves in the light which these considerations offered,
il js impossible not TO perceive thai the Convention
the general principle 70 be that the escape OF
slave from State in which 10 he lawfully held
TO service into ore which had abolished Slavery would
ipso facO transform him INTO iree man. This was
recognized the legal consequence of Slave going
into State where Slavery do not exist even though
il without the consent and against the VIII OF the
owner. fOFti0rt he would be free If the master
voluntarily brought him into Free State for any
purpose OF his own. Bat the provision in the COusti
uton extended further than the case OF the fugitive.
Az 10 some cases the admitted general consequence
Of the presence OF slave IN Free state was not 70
prevail but he by express provlsion IN tue Fed
eIal COMPACT TO be returned the party TO whom the
saryice due Other cases were left to be governed
by the general laws applicable TO them. This was not
Unreasonable, the owner was Tree TO determine
whether be would voluntarily permit his slave TO 60
within jurisdiction which did net allow him TO be
heid IA bondage. That was witE1n his own power,
but he could NOT always prevent ms slaves from es-
gaming out of the State in which their servile cond-
ton was recognized. The provision precisely
suited to the exgeDcy OF the case, and went no FUR
Their
Inexsmning other arrangements Of the Constitution
apparently inserted for purposes having reference
20 slavery ought to bear in mind that when iram-
II the fugitive fave provision the Convention was
contemplating the future existence OF States which
should lave sbolahed Slavery in political union with
other States where the iIsiitnlon would still remain in
force. 1t would naturally be supposed that If there
were other IN winch the rights OF slave owners
ought to be protected in the States which should abO
ish Slavery, they would be adjusted III connection
with the provision looking specially TO that case, in
tended primarily for cases to which slaves had no
necessary relation. IL has been decided that the fug-
tive clause doet not extend beyond the case OF the
actual escape of slave from one Stale to another
lex parte Simmons, A Wash. G. c. r., 1861 But the
provision is plainly limited by its own language.
The Constitution declares that the citizens OF each
State shall be entitled TO all privileges and mmunities
Of citizens III the several STATES. Art. 4, sec. No
provision i'll that instrument has go strong tended to
constitute the citizens OF the United States one people
az this Is nusnee in that direction cannot be fully
tmated without consideration Of what would have
been tie condition OF the people II 1t or some similar
proveicn had been inserted. Prior to the adoption
of the Articles Of confederation, the British colonies on
this COMMENT had political connection, except that
they were seyerally dependencies the British
Crown. Their relation to each other was the same
which they respectively bore 10 the other English
colonies, whether in Europe or Asia.
When, in consequence Of the Revolution they sew
orally became independent and sovereign States the
citizens OF each State would have been UNDER ali the
disabilities Of alitnage in every other, but for pro-
vision III the compact into which they entered, where,
by that cOuse quepce avoided The articles adopted
duTing tbs ReuolntCn formed friendly league Tor
mutual protection against external force but in framing
them was felt TO be necessary 10 secure community
OF intercourse Wnlcn would not necessarily OBTAIN
even ancIg closely allied States. Ths was effected
by the fourth article of that instrument which declared
that the ire inhabitants Of each Of the States paupe,
vsgaboIds and fugtves from justice excepted should
be entitled all privileges and immunities OF free
citizens in the several States and that the people OF
eact State should have free ngress and rtgress to and
Fl NJ any other State and should enjoy therein ali the
privileges of trace and commerce, subject to the same
dolies, imbostons, and restrictions the Inhabitants
| thereof respectively.
The Constitution organized a still more intimate
Union constituting the States for I'll external pur
poses and ioT certain enumerated domestic objects,
/ l. L. u :. 49,.