Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-10-19

it--foo OF congress ana TIE rfIeaHpS ht+ was
approved by Presiden Lincols. And 70 other
wa passed by Congress pros5ding ans reme-
dy Tor the rights created bythe fbregoing pfovis
ION Of the Constitution.
In our judgment the action OF Congress and
Of the President was IN open violation OF the
Constitution. in fragrant disregard Of their oaths
Of Office, and has erected ga almost impossible
barrier 70 the .restorstioh of the under the
Constitution.
The act or I193 Ma Recommended and ap
proved by Washington, who was the President Of
the Convenfion TINT male and adcptedthe Con
s%titution, and a large number Of the members Of
the Convention were members Of Congress and
voted forit,n m - - 80
The ameno Aory act q 1850 vas passed BY tie
votes Of spoh statesman aod patriots as Clay and
Webster. posgIas sndCass, ands as appro ed
by that great aud pure man, Willard Fillmore.
The report OF the minority Of the committee of
the Senate. il speaking Of the act of 1850. says.
"In favor Of thelsct Of 1850. there are p%rincely
names Of the second generation OF our statesmen.
men from the east, the west and the south, the
very latcbets OF whose shoes these Abolition pc
ttIOners before u were not worthy TO %DnlOose.
For We were not then left bare and destitute Of
greatness in the high places of power In that
hour OF peril aud Of passion, the republic possess
Cd men OF great endOwments, OF established rep
utation aud tried patriotism, who stood forward
= ~ - AhLAA NCeANa " VII" t0tgn Ah1 tbtF
accomplished their purpose. Discord retired be |
fore them; ianaticism, seeming blood and car
psge in the distance. was whipped back bafled TO
lie retreats IN the north: southern revolt was
checked and prevented. and 0nce more the CoBsti
tuiion and laws were made to triumph over both
open aud secret foes. The men who accomplish
ed all this, and at least secured 70 their country
ten additional years OF peace. growth and glory,
gave their support 70 this law. a.
1 There ara fOur roazapa whv GonUrasa .hauld
not have repealed these acts. without passing an
other in their place.
LIST. The Constitution makes il the duty of
Congress 10 pass such a law.
%. The provision in the Constitution was
placed there by a compromise, without which the
Con stitution would never faye beenaadopted or.
the Union formed. -
80. The amendatoTy act of 1850 was a com
promise measure, and was approved and sustain
ed by the great body OF the people, and was in
dorsed by all political parties except the "old
guard Of Abolitionists .
4th. The repeal of these acts can in no posi-
bic way aid in suppressing the rebellion, aud will
create discomfort and dissatisfaction in the border
slave States. and will prevent a restoration of the
Union.
By the concluding clause Of the eighth section
OF the first article OF the Constitution, Congress
is authorized ito make all laws which shall be
necessary and proper for carving into execution
The foregoing powers, those enumerated ex
pressly. J and all other powers vested by this
Constitution 10 the Govern mentd Of the United
States, or in any department or officer thereof
Judge Story in delivering the opinion of the
Supreme Court of the United States, in the case of
Prigg W.. the Commonwealth of Pennsylvania.
said:
Historically, it ia we'll known that the object
OF this clause was to secure to the citizens of the
slaveholding States the complete right and title
OF ownershiPin their slaves, as property, in every
! State in The Union into which they might escape
! from the State where they were held in servitude.
The full recognition OF this right and title was
1 indispen sable 20 the security of this species of
property in all the slaveholdiug States; and IN
deed, was so vitalt TO ibe preservation Of their
domestic interests and institutions, that it cannot
be doubted that il constituted a fundamental ar
ticle. without the adoption Of which the Union
could not have been formed
Mr.. Justice Thompson said:
1--WE know. historically, that this provision
was the result of a compromise between the
slayehOlding and non slayeholding States; and = it
is the INDISPENSABLE duty of all 10 carry il faith
fully into execution according TO its real object
and intention"
Mr.. Justice Wayne said:
One of these parties. consisting OF several
States, required as a condition upon which any
constitution should be presented TO the States for
ratification. = full and perfect security for their
slaves as property. when they fled into any of the
? States OF the Union. The fact is not more
plainly stated by me than it was put in the Con
s%titution The representatives from the non
slayebolding States sassented to the condition.
The provision under revision was proposed
and adopted by the unanimous vote of the con
%vention."
r Mr.. Justice Mclean said:
E That the oCnstaotioa was adopseaj In q spirit
2 of compromise is matter OF history: and all ex-
E perience shows that to attain the great objects OF
? this fundamental law, it must be construed aud
enforced in a spirit Of enlightened iorbearance
{ and Justice"
( e Sec. 10, Peters US. Rep. o. $40. QfI III
All the other Judges delivered opinions sns-
G tanning the constitrtionality of the law Of 1893
D la the case of Allemsn VS.. Booth, 81, Hou
e u. 5. Rep. p 526. the Supreme Court of the
D United States saw. in speaking of the act OF
I 1850:
T ain the judgment of this court. the act of Con
gress commonly called the fugitive slave law, is
in all Of Its provisions fully authorized BY the
5 Constitution of the United States"
a Why were these acts repealed at this timei
e IL win not be pretended that Il will aid in sup
y pressing the rebellion There might have been
4 some excuse for the act. If the repeal had only
e extended TO the States in open rebellion TO the
; authority Of the United States, but the repeal /:
9 entire and complete, and leaves Kentucky, Mis-
souri,. Maryland and Delaw are. that are adherine
: slaveholding States, without any remedy whet
their slaves escape. The real object was &c
: strike a blow at the institution of slavery, This
e object is boldly proclaimed. Mr.. Simmer, in hi
report Cor the majority of he committee, SAYS
And yet IL cannot be doubted that the with
drawal of this Congressional support would con
u tribute effectively to the abolition of slavery; no
that, at this pres nt moment. this Cougressiona
{ support i of any considerable value, but becausl
j. It's Withdrawal would be an encouragement Il
u that universal public opinion which must sooi
sweep this barbarism from our country. 1t
one of the ~ielicitles. of our present position tha
by repealipg all acts Cor the restitution Of slaves
h we NAV hasten The happy day Of freedom sD'
= peace." These acts may be viewed as a par
n OF the system Of slavery. and. therefore, obnox
iOus 10 the judgment which civilization is accu
mulating against this barbarism.
y Does the fact that slavery is obnoxious to th
u judgment which civilization IS accumulatin,
: against this barbArism. justify Congress and tn
President in violating a plain and undoubted du
" imposed on them by the Constitution and thei
oaths Of office. Ii this clause OF the Constitu
ton in question. is wrong and obnoxious to IN
Judgment OF civilization, then let it he change
" the mode prescribed in the Constitution. an,
:, Witt il i so changed let It be obeyed and carrie,
out in The spirit in which it was understood b.
: the convention that adopted il. and according q
the true sense in which The States ratified il