Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-02-01

school, with the following lecture. delivered by
Judge PERKINS, To the law class Of our Univer-
SHY in the spring of 1862 before the election of
Mr. LINCOLN and the commencement of the war.
with reques, that We publish it, As il is pub
lie property We suppose we have right to com
DIV with the request; and. As il was delivered be
fore the war broke out, j, may be supposed TO
present the question. it then stood, between
the North and the South, on this point, with
reasonable accuracy:
LECTURE BY JUDGE PERKINS To THE LAW CLASS OF
THE NoRTHwEsrERS CHRISTIAN UNIVERSITY, ON
THE FUGITIVE SLAVE LAW. MARCH 1860.
Ii is nv settled practice to avoid Introducing
iRto nv lectures far as possible, topics having
political bearing. This should be the course
pursued by all our public educators, as well asby
our public religious teachers The truth OF this
proposition is easily demonstrated-it may he
said TO be almost. If not quite self evident.
Hence, have abstained, thus far IN our course,
from remarking upon the fugitive slave law; but
in so doing am satisfied, upon reflection. that
have failed to discharge my duty to yon; Tor the
question arising upon that law is constitutional,
not political question. have acted upon an
erroneous assumption Of fact
A question asked by one of you. day or two
The question was. whether the fugitive slave
law had ever been decided to be constitutional.
Ii would have been lasting reproach to me to
have permitted you TO graduate ut this law
school, ignorant OF the correct answer to that
inquiry And I avail myself of this, the last
meeting of the class before your commencement
examination, To set yOn right on this disturbing
and much mystiied subject; yet one, the right
understanding of which is of vital necessity TO
1 a. Of efifiz If
this great republic.
Mr.. Gardner, in his Institutes, observes that
cit is little remarkable that the African repub-
lie OF Liberia has introduced into its Constitution
/ the same principle which belongs to the Constiiu
ton Of the United States, only in reverse form.
Our Constitution rests on the doctrine thar !,
~--.-.;sy, and that the Caucasian race of
Anne leans are the governing power. That of
the African republic vests Liberian citizenship in
the African race exclusively, and disqualfes any
but Liberian African republicans from holding
real estate in the African commonwealth. The
wisdom Of each Constitution is apparent" Gard
Inst +. p AIS
That YOU may not be misled by this extract
from Dir Gardner. it is proper for me to observe
that our Federal Constitution does not contain an
express provision excluding negroes from citizen
ship The proposition asserted by Mr.. Gardner
mainly rests upon two facts. viz: that the only
clauses in the Constitution which point directly
to the African race treat il as composed oil
persons who may be ensave1, and the
historical deduction thai the Constitution was
formed by, and TO create government belonging
to, the white race; that the negroes, not beng
regarded citizens when il was formed. were
intended never to be made such The privileges
aud immunites OF citizenship were not at il:
form ton, and were intended never to be con-
ferred "n them. The exclusion of the negro
therefore, from equality of rights and the pro-
miscupus holding OF offices with the whites, in
our Government. depends upon the people keep
ing the Government in the hands of men who
will adhere To- its intent and spirit, historically
dedured, rather than upon any expression con
tainel in the Constitution.
But notwithstanding our Government is based
upon the just principle of the separation of incon
gruOus races, and was iormel 10 he participated
in By the white race exclusively; still before anC
at its formation. there were, in the territory owe
which its jurisdiction was to extend, larg,
number of individuals of the blIck or African
race most OF whom were owned as property anC
held AS slaves by the whites
This slave population had, mostly sectiona
location Ii was mainly found in the Southern
Colonies African slavery may properly bs
called their peculiar institution.
But il was an institution. however, repugnant
to the moral sense OF the North it might be
other governments, to mtintain and perpetuate,
on becoming sovereign States. they did upon
the Acknowledgements of their and our indie
pendence BY Great Britain, whose col MES all
had been. This is an established doctrine o.
international Law. Even the trade in Africans
as slaves. is recognized as legal by that Law
Says Chancellor Kent Comm vol /. p. $780,
"It the African slave trade is, therefore, not
criminal trafii by the law of nations; and ever,
nation independent of treaty. retained lcga
right To carry il on No one nation had a righ
To force the way to- the Liberation Of Africa by
tramplins on the independence of other States
or To procure eminent good by means that wer,
unlawful; or To press forward 10 a great principle
by breaking through other great principles thai
stool in the way" So, Chief Justice Marshall
i'm the case of The Antelope 10 Wheat &c.
After the colonies had, bya voluntary coscert o
action during the Revolutionary war, achieved
their several Independence, they be came sew
orally independent, sovereign nations. each will
its own peculiar institutions, and might have So
remained independent nations to this DIV had il
been their choice to do So See the Feleraiist
2 Ell. p. 6 But wise men among them pro
po>ei that th,Se cations should form "A Union or
such terms rs they should be able to agree upon
for Their common defense and their genera
welfare; ani a meeting, convention was held
Tor the prrp3se; AMI then came no the question
what shall be The terms OF our Union compact
We have severall,, they said. different institu
tons now, and we are sovereign States anC
have severailv the power 10 protect our pecui,i
institutions which we wish 10 maintain; whI
security shall We hive that they will not be de
stroved cor in er'ered with If we relnguish a par
OF our sovereign power by entering into the I,rp
posed UnionY The States having a large slav,
population askel this question. The answe
was given in the provisions Of the Constitution
that was frimei Ii was agreed un ,nimousl,
by all the Sites, that if the Union should b,
formed, each State should be secured in its un
disturbed possession and ENJOYMENT of its pecu
liar Institutions by articles inserted into the com
pact of Union. and it done.
One of the articles inserted in the compact fo
the projection of the slave holding States, bein,
the last clause of the second section OF tn
fourth article this:
mo person held to service or labor in on
State, under the laws thereof, escaping int,
another shall, in consequence of any law o
regulation therein, be discharged from such ser
60 vice or labor; but shall be delivered up on CLAIM
Of the party to whom such service or labor ma
be due"
To s,tisfy YOU that am not mistaken as I,
the object of this section. Iquote from the opin
ions Of Judges Story and Mclean in the grea
case of Prigg W. PENNSYLVANIA, 16 Peter Sn
preme Court, Rep 500; case that ought to %
published in pamphlet. and placed in the hand
Of every citizen of the United States. judy,
Mclean said: AT m early periol OF our his
tory. slavery existed in all the colonies; an,
fusitives from labor were claimei and devere,
up under a spirit of comfy conventional Law
among the colonies. The articles of confsdefa
tioa contained no provision the subject, an,
there can be no doubt that the provision intro
duced into the Constitution was the result of ex
perience and minifest necessity. A mrtter $,
delicate, important, and exciting was very prop
arl mfr I'D oil tnf., 4 a. NJ L.