Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-01-26

C-ts anu lu-tltutiOns. that u Cannot De doubted
that IL CONSTITUTED fundamental article. vi bout
+ the option of-~hch the Union would not have
been formed It's true design to guard
against the docfrne- snd principles prevalent IN
Z the non savehoding States, by preventing them
+ from ntermeddling with. or obstructing. or
aboiishing the rights OF the owners of slaves"
Here. then. we ind the real substantial fuCi-
tive slave law. IL = prOFt-On of the COnsti-
tuition Of the Con ederacy IN which NE live
repeat. the real fugitive slave law i a provision
3 OF the Constitution of Government. IL j. a
permanent. perpetual law, one as enduring as
that Constitution. perhaps as this glorious Union
OF whose organic laws u forms part Aud u y j
. az efficient fugitive slave law II Is capable Of
being executed without the aid Of any legislation
] ms has been solemnls decided. We quote
! again from the opinion Of the Court in the case /
above ci'ed. as delivered BY Judge Story. one of
the purest men an most lie armed and able Judges /
that graceI the Bench New EngIander.
Massachusetts, man he proceeds:
I'VE have said that the clause in the COnsti /
tuition contains positive and unqualified re,og /
milton ct the rights OF the owner IN the slave. 1
unaffected by anv State law regulation what +.
sOever, because thee is no qualification or re |
strcti0n OF il 20 be found therein :-nd we have
no right insert any which IS not expressed and
cannot be fairly implied. E,peciilly are We
stopped from % doing. when the cltuse puts the
right to the service or labor upon the ground
and 10 the same extent in every other State as IN
the State from which the slave escaped. and in
which he held 10 the service or labor. Ii
this be So then all the incidents that right at
tach also.
1.-The owner must therefore have the right to
seize and rep ssess the slave which the local
e laws of bis own State confer upon him prop
erty and we ali know that this right OF seizure
D aud recaptuie i universally acknowledged IN all
' the saveholding States. iLdeej. this u no more
than a mere aliirmance Of the common law ap
plicable 10 this very subject Mr. Justice Black
stone 3 Bl Com 4 lays il down As unquestion
: able doctrine. Recapture repristl says hel Is
: another species Of remedy by the mere act OF the
y prrty injured This b "Opens when any 3ue h'thde
. pri,ei another OF hi- property ~ goods or chat
ties personal. or wrOngiuly detains ones wife.
= child or ant in which case the owner OF the
goods aud the husband. parent or muster, may
u lawfully claim and rettke them wherever be
happens 90 hnd them. 80 il be not in rlOu0us man
ner, or attended with a bretch OF the peace. Upon
u this ground have not the slightest hesitation
q IN holding that. rndea and ia virtue OF the Con
u situtlOn. the owner OF 4 slave il CT thsl with
u tire authority. in every State IN the Union to
~ seize and recaature his slave whenever he can DO
" il without any breach OF the peace any illegal
z violence In ths sense, ami % this extent, TINS
y clause of the Constitution my properly be siid
execute itself, and ~ require no aid from Leg
islatiou, Site or NatOntl.'
CT The return OF fugitive slaves being thus
re comp!ished in virtue of the Constitution, il tol
IN lows that he who obsiructs such return violates
u the Constitution and impuans the wisdom and pl
e. tiiotism of its trainers 1t j. but right thar
y should here state % YOU thar the point decide in
" the above quotation from the opinion of Jud re
Oh Story. WIS not necessarily involved IN the case
'e then before the court Out still the decision has
Is tlIe force 0f law. IL i, the usual practice with
x most appellate courts decide points presented
* in cause, though not necessarily Involved. in
re order that the people, by early know ledge OF
e. the law may be elieved of further difficulty on
rs account Of its uncertainty The Constitution OF
l. Indiana expressly requires this course to be pur-
o. sued by the Supreme Court of this State Chief
D. Justice Marshall carried tho usage - an extreme
IN length in Maroary VS. Madison lst. Cranch
P 1877 and IN o;her Ses; Judge Story. a. we have
no seen above, adopted the same course and the
ny customary line OF practice followed by Chief
II Justice Taney in the bred Scott case
That am night in saying that the proposition
eu Laid down by Judge Story, which have incor-
u porated into this lecture, is settled law, refer
ed YOU t. Norris " Newton ;. Mclean Rep 81
no Judge Mclean there this language: "B,
'er the decision in the case of Pricg " Pennsyya-
sc MIA the master has right to seize his slave il
an any State where he may be found, il he can do Sc
nd without breach of the peace; aud. without an,
exhibition of claim or authority, take him back
lai to the S,ate from whence he abscondei" And
rn he saws that by that decision he Judge Mclean
De is fully bound
lf such il the right of the master under the
mt Constitution YOU nay well ask. what need of any
be, statutory fugitive slave law Ii mFns prop
all esty strays away from him. he does not ordinarily
e. need n special law 10 enable him. on finding II
ON to take il back: does he it il is stolen from
ie him Then why does the master need such
all Law TO enable him To reclaim his slave. who may
ol have run away or been stolen from hlmf Ii /
u.s. because the people III the States into which slaves
W. may escape be carried by thuse mo may en-
y; tce them away, will not let them be takel
a back in obedience to ,he Constitution Of tht
Fry country; bG; viii. by violence and riotous pro-
'ai ceengS, endelvor to prevent their return !
,ht stature law i demanded. therefore. prescribing
oy auG regulating the mode and manner in which
eS and designating The officers by which the consti
ere turiona provision shall DC executed Such Law
ne i Likewise demanded as security 10 free ne
lat groes against being Kidnapped into slavery.
III, The proDrety and cDnsttu,iontlity OF such
law no jurst or man of Intelligence. who re
'oi speced the constitution OF his country and WI
Ell willing to conform 10 il. ever doubted. The onil
~ point Of d.iii ult, his been. among those whos
IN opinions entitled to respect whether she tugi
% tive slave law should he enacted hy the SAFE gov
II ernments severaHy. or by the Government OF tn
1T. United States But il is nov settled beyond fur
10 ther controversy. that it il the right AMI duty
on the Feier, Government 10 provide the WAYS an,
on means for the enforcement OF this provision o
RAJ the federal compact. AMI the securing OF tn
c.. rights 81 tne people 81 the states uutltt W
IN thSt The fugitive slave law la; enec'e nv Con
Ct! greSs aud in force j. constitutional in ever
To particulr See Pngg Pennsylvania. supra
nd Miller =. NcQuesney ) McLeau> Ken. 469
lar Morris ' Cracker, l3 How lri's Rep i29; Able
,at mau Booth, 81. ID. SIC; Weisner Sio,n.
lie Mclean, 259 II should be observed that State
art may also under their laws. puash the harborn!
70 of slaves Moore Illinois. - Howard IL |
We viii naturally occur u your mind At this point
yer that it would be most njuiicous act To Tepea
on the fugitive slave law. as its repeal would a
sly once remit the savehoders back To their indivd
be ua rights of executing the cons itutiOnal Provi
IN sions attended. a il would be, by riots and PIX
"a pose every citizen who intereret and prevente'
M the taking ck of their slaves by them. sui
and jud smeut for the value of those rescued
Tor In conclusion. am PANIED to be com .elled Z
ne add tia, the clause in the Constitution. which
The have been considering. has of late years. bee
habu n, violated: disregardel by the Northern
ne States aud people A portion of citizen
lto have habituaiy libeled ana vill;fed the instu
on tons and public men OF the Southern States
er thereby by their meidesome interference. irri
im tating their feelings. and disturbing their quiet
lay They have sent among them incea,iiary dOcu
meat, melting seiition They have 5 Glen from