National Republican., 1883-10-25

which to draw information as to the rightful
power Of congress in the premises, and said:
1t is material TO look into the eCt ofthis clause
Of the constitution, the evil to be guarded against,
and the nature aud character of the rights to be
projected and enforced, in order to comprehend
its meaning and determine what powers, and to
what extent, may bo rightfully claimed under 1t.
This seems to be broad and rational view.
Tho evil to bo guarded against was free state
interference with rights conferred by slave
state laws, and recognized by tho federal con-
stitution as invioable.
The opinion then rccites the troubles and
fears of the slaveowners as follows:
At the adoption the constitution a small mi
nority ofthc states had abolished slavery within
their limits either by positive enactment or judi
cial adjudication; and the southern states are
known to have been more deeply interested in
slave labor than those of the north where slavery
yet to some extent existed, but where 1t must have
been seen 1t would probably soon disappear. 1t
was natural for that portion of the United States
TO fear that the latter states might under the In
fiuence of this unhappy and exciting subject, be
tempted to adopt course of legislation that would
cmbarrass the owners pursuing thCir fugitive
slaves, If not discharge them from service and in-
VIC caNUpe ny tNOTuluS u pltlUS Ol TCluRe. lney
already had some exp erience of the perpleXites
in this respect under the confederation, which
contained no provision OH the subject, and the Sc
rlous and almost insumountable difficulties that
this species of property occasoned in the conven-
ton well calculated to confirm their strongest
arprehensions.
A perfect analogy between the fugitive
slave clause and the fourteenth amendment
nil ho
above we substitute in our minds mans
present right to own himself for the former
right Of another man to own him. We shall
then be able to see that the same reasons
which led to the adoption of the fugitive
slave clause, in order that congress might have
the power to protect Slavery, led to tho adop-
tion of the fourteenth amendment, in order
that congres might have the power to protect
Liberty. Having laid his historical basis,
Judge Nelson thus proceeds;
To this source must be attributed, no doubt tho
provision of the constitution, and which directly
meets the evil; BY not only prohibiting the states
from enacting any regulations dischargng the
slave from service, but by directing that he shall
be delivered up to the owner, 1t implies doubt
whether they would, in the exercise of unre-
strained power. regard the rights of the owner or
property project them by loca! iGgiSidtiOn The object
of the provision being thus paipabie 1t should
receive construction that will operate most
CGcctuaHy to accomplish the end consistent with the
terms Of 1t. This we may reasonably infer will be
in accordance with the intent of the makers, and
will regard with becoming respect the rights Of those
especially Interested In It's execution
Apply the above rule of Interpretation to
the fourteenth amendment, and wo have
perfect explanation of its object and effect.
Like the fugitive slave clause ait implies o
doubt whether they (the states) would in the
exercise of unrestrained power regard tho
rights" guaranteed, cor properly protect
them by local legislation" The object being
ceive a construction most eflectual to accom-
plish the end. Every word of the opinion fits
as closely to the rights of the freeman as it
did to the rights Of his former master.
But the right being imbedded in the
constitution, how shall it be enforced 2
Shall congress pass the appropriate laws? Oh
must we rely upon tho states whose hostility
to negro emancipation rendered its adoption
necessary? Remember that both the fugitive
slave clause and the fourteenth amendment
were direc ted to the states (somc of which
were known in each case to be hostilo) only
that the latter had an additional clause grant
ing power to congress to enact appropriate
legislation for enforcing it. We go to Judge
Nelson again, in the opinion before us
for an answer to the question. HI
is giving the reasons why the state!
should not be left to enforce a prOhibitory
amendment against themselves, and he is
showing why congress ought not to wait for
hostile legislation by them before acting on
the subject. He says that "thc states might
omit legislation on the subject, and thereby
! leave the owner without any known means
by which to assert his rights or they might
so cncumlJer and emJarrass the prosecution OF
them as that their legislation on the suJiec
rould be taRtanlOunt 10 DENIAL" Here are his
words
| NHlCH pOWefI llcni was IL lnleNQeu snOulu DC
charged with the duty prescribing the mode IL
which this injunction of the constitution should
be carried into effect and enforcing its execution
the states or congress2 II is very clear If left L
the former the great purpose of the provision
might be defeated in spite Of the constitution
The states might omit any legislation on the sub
ject, and thereby leave the owner without any
known means by which to assert his rights: o
they might so cucumber and embarrass the prose
cution of them MS that their legislation on tn
subject would be tantamount to denial. That al
this could not be done or omitted without dsr
gardng the spirit of the constitution is true; bu
the provision itself Is founded upon the dssu0lptio
that tgatOm II the acknowledged rights of me 0lVaei
lr0uld not be observed or proiociedi II was made Il
express terms 10 guard against possible act of 4,
justice By The state authorities. The idea thu
the trainers Of the constitution intende
TO leave the regulation Of this subject /
the states, when the provision itself obyiOusl
sprung out OF their fears of partial aud unjust leg
islaton by the states in respect TO it, cannot read
be admitted. 1t would present Ru Inconsistency
action and an uRskaiGtlReSs IN The adoption Of mear
or the end in view too remarkable TO haze been Ovsl
lo0kCd bv much less WiSe body Of men, They mul
naturally have seen and felt that the spirit appra
heuded to exist In the states, which made his pr
pisi0a Crpsd,ea, would be able to Illustrate It's oil
jeot IN regulating the model and manner of carry
ing II into eleeti that the remedy Of the evil an