Anti-slavery bugle. [volume], December 04, 1846, Image 1

About Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861

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I'UIILISIIHI) KVKUY Ii;iI)AY AT
SALEM, COLUMBIANA C3., CHIO.
JAMES DAUNAUV, Jr., Cnnrii! .h int.
nrcxjAMiv s. .lovr.s
J. HMZAUKTII JONKS,
I F.IMTolls.
Pl'HMRIIINO Co.MMlTTKK ' Simil. l UrOohe,
James liirnaby, Jr., David L. Calbreath,
Lot Holmes.
Reported for the Journal of Commerce.
Reported for the Journal of Commerce. CIRCUIT COURT---Saturday.
Judge Edmunds Presiding.
In the Matter of George Kicks a fugitive slave.
hen this buy was boforn mc on a former
occasion, no principle c,l" law was involved,
miii iniiniy a question hi i.ict, arristng out ul
a return. On the present occasion 11 is iinile
otherwise. The question now presented is
constitutionality, ami consequently, the
validity of a statute of our St. no.
It is not from any choice en my part, that
Iain cjIIcJ upon li consider lliis question,
If my wishes had hn-n consulted, tiiu ease,
hate remained with tho Mayor uniil
ho hail decided it, ai d even then. 1 should
have been mm h belter plc.e i d if the review
of his docisioii luid beiai cjmmiUed to sotiiu
I'cinclion.iry whoso otiipr ilulies would IijVl'
si'ilowcd him inoi-p leisure than I can coin-
mind to c.xainiiiL' it. Jiut tho parly had a
rioot to nriiiir Ihu matt'-r at (i.e-o Ik i ire
under our statute,
writ of Habeas ('
1 w.
s bi.au I to allow the
even if 1 had hi en
fully convince 1 of the ley.diiy of the impris
onment; and the return mad .' to tho writ i.e
cessaiily raisino the ipiestion to whieh 1 ha' o
alluded, it hi comes my duty t) cotisidi r and
decide it, a duty from whicii 1 am not i.i li!i
irty to shriiilv, and which I Ir'po 1 may be
time to ilischarsro witltout partaking ol uieex-
citemcnt which has surrounded tae (pics'.i'ju
from the hcoinnino;,
It is conceded on tho record that leor;.! is
n slave, owing service to a master in tici-n;i i;
that without tho consent iA' his owner, and
without the knowledge of the ollict is or o.vn
rrs of the vessel, he concealed himself on
board the brig Mobile, in llio poit of Savan
nah, for the purpose ol 'securing a passage to
New .York; that his being on board was not
discovered by the officer.-, of ihu b;ig until
they had been at sea iwo ilay.3 on their it
turii voyage, and bad got wiliouit the lerriio
ty of (icorgia: that as soon as lie was discov
ered, he was arrested and euniined until his
arrival in tins port, aiul luat on ins umv.il,
tiic captain took him holoro the, .Mayor, to tho
(nil lliat ho niigiit otitain tn. in tla; ..layer
certificate which should w arrant him in ri
turning thu boy to tho port of Savannah; that
thu owner of the slave does not demand him
under tho constitution and laws ol 'thu L'ni-i
ted States, hut h is demanded by the claim
ant, simply by tirtue of his slalom as master
of the vessel, ami by virtue of a provudjn
our statute.
Such aro the Lets of liii-i case. Thu law
applicable lo it, is tu be f.-unil in !'! licv.
Slat. CjP, which enacts that whenever tiny
person of color, owing labor or service in any
oilier part of the United Stales, shall secrete
himself on hoard of a vessel lying in any port
or harbor of such Stale, and shall be brought
4tito 4!iijtaf ift-tuaU-JwwKBl , th ula:it
commander thereof may seize such person
color, and take him before tlm .Mayor or Ke-
cordur of the city of .Now Vori;. The uiiiccr
before whom sncli person shall bo brought,
shall inquire into the circumstances, and if
appear, upon proper testimony, that such per-
son of color owes service or labor in any olh-
cr Stale and that he did secrete liimsclf
hoard of such vessel without the knowledge
or consent of thu captain or commander there-
of, and that by so doing bo suojeclid such!
captain to any penalty; such ollieer shall I u
nisli a cctificate thereof to such capiat. i
commander, which shall he a siiilieient war-
rant to him to carry or send such person
color to llie port or place from which he wa.
so brought as alores.iiJ.
It must constantly be borne in mind that
the ipii'stion before us docs not grow out
nor is it in any way connected with an
tempt on the part of the own. r of the slave
enforce his rights under the Constitution
the United Slites and the law of Congress
lTn.t, but arises solely out of a St .to statute,
which authorizes another person, in
respect connected with thu owner of
slave, nor acting by his authority, to
him from our territory to tho pi
where he had been held in bondage,
where again he may bo returned t" Imiidi'ge.
In other words, while the Ce-i-lituliun
the United Stales gives to llie party to wh
the service or the labor may he d ie, the right
to reclaim his servant, and the law i f Con
gress extends that ri t lo llie agent or attor
ney of such pally, it is claimed tn.il the Statu
Legislature has a right to interpose and
tho right to a third person, not acting
or by authority of the owner, hut merely
he was tho commander ut a vessel
which the slave may have concealed himseif,
and because by such conci alinent, the com-
mander may have become liable to a penal-
Such is the nutliority w hich thn ulayor
been called upon to exercise, and which it
insisted has not been, and cannot be confer
red upon him by tho State I. cgislature.
Two objections are raised to this claim
authority.
1. That the provision of the Kevised
authorizing the proceeding, has been
repealed by an act of our J..egisl
passed in 1810.
3. That if it has not been repealed,
repugnant to the Cunsliniliou of the
States, and therefore inoperative and void.
The conclusion to which 1 have arrived
this point renders an examination of tho
unnecessary.
The section of llie lieviscd Statutes
consideration is part of Title II, of chap.
of the First 1'art, which is entitled, 'Of
importation into this State of persons
in slavery, of tlfoir exportation, of their
and prohibiting their sale;' and
Kt-vision of ihe Act of 1S1V, untitled
An act relative to slaves and servants."
The 30th section of the act of 1617,
contains the provision which has been
into this 15th section of tho Kevised
Statutes, is preceded by a recital that 'where
as persons ot color owing service or labor
other Statee.soinctiniessccrcieii.eiuseives
board of vessels while such vessels are
in the ports or harbors of ot.u r S ates,
th':reby suhjecrt the commanders therccl
I a airni eu a if
M M V w I
. " mmmuirm'nmm. JWI,,W
IPO
Ji. 8;
V
I
BUGLE,
VOL. 2. NO. IS.
NO IMON WITH I,.VVi.:i()l.I)UUS.
S.ULM, OHIO, 1HIDAY, DLCTMUKll !, lHl'J.
V. JIOLi: .NO. 70.
he ivy fines nnd pciialtic
of observation thai the i
lis this ti:le ol the Ki vi-
prohibiting "i ocjn 1 1 1 1 1 i
' Ami it. is worthy
i of 1 sl7, us wiiil
.I Statutes, aims tit
n us well as the i m-
portition o slaves, atcl Heal while tlm act ol
l.sl, uhoiishes slavery tiller tin? -r.il ol Jiilv,
tiic lieiispd Statutes ilrnlnri' tli.it every
i horn in this .vt-iti' as ii slave, except
as anili .-riy.'-'l lv this Tule, shall he free.
! in
; ,,.r
I It m-iv v. e!l hp nncsiioopd whether, as this
. slave was hr-tight into this Stain in a inan
the ! n,.r not anil,,,, i ,cd by tho Kevised Statutes,
I he diil not I In . ! y," n ntlor our law, become
y,,,, oc.'o I'm-, and" wlw-ther tiiis procet din g
j hefnro tlip .'.layer is inl. therefore, in cln cl.
j n proccerfit':? t". rn-rv n fr-e ciir.on int bon
would . d..ge. I.'ut I d.i not' (n-.id.-r that p'.int.as it
i w .,s let raisi d before mo io I'm' argument,
wax not l ;-! ; ; -.1 , ;nul ii lot necessary to
tin' di'i ii"ti nf the w "-ti'in b. fi-re hip.
j The broad ipiesiian discuss, d, mid whii'h
. I ar.i callrtl upon to tlei'id. is, helle r i ur
fJ,jt0 I isi.ituri.' have a -ithorily to puss tiii
i w.iys
, this v
1..W.
'I'll'! poii.t has never. ?
Iii i n ii,-,-id i d, or even .
and ii is pre -i iit'-d lo no
one, loil in t!o imiiosiie
fiom me a decision that a law of
-arn,
f:r si I rin !
.io .1 i'i our x-K.A
not only as a new
term of roouitini;
is
Sta to
i n-i ii 4 in: nl lo llie coiis'.iiii'.ii'ii of tho I'nileil
' States, and then I'-iro void, fully aware of
the dilioleiiiv with which curls should ai-
ity ot
w h it
ti rn.,1
ol the
j is e:ch:
j u
, su
enter! :in cieh ijiicli-aip, I ;iiproach
hh a!! llie caution hecoioin the orav
liie e.'s.., vet with a li'.'ily sensu of
is duo lo personal liberty and the fra
ri iati-,'..s ei .tio r ;-:n -n' li;e lueinii .: :
I oi 'ii.
As I have al'r:nlv ihi ntii f,i d, ti.e statute
under consideration was first i nacli-d in 1817,
and was Kiihs-ciiiemlv re-.-nacted and wentin-
I . . 1 1 i I
to cll.ct as
l.-.KI. In I
this Slate, in .!
held that the I:
fugitive slaves
from in ei':.it v
C'liei i'i, i d, the
d
j
j
of
i
!
or
of
i
it '
i
j
on .
j
r- '
or
'
of
i
of,
at- ;
to
of
cf
no
tho
re
transport ico
inn!
of
mi
ex
tend for
be
cause on
were by way of
tt.m ef t'enurr
llie u-vised statutes, in
'I. the Sin reme Court of this
..!.- . -. Maitin, ! Yiin3M.
w of C(;::;rcs, ill re'.ati. n to
. s mi; i. nl' i.r.d paramount
ti: .. so far as tiio States are
j -v.-rr, v. hi n tints cm rciseil.
: nd thru;. !i the Slates illicit
i!i:Vi rent logi!aii"n on the
1 1 1 1 1 - t aniet.d. ipiahl'y, or in
r it that though I he act of
des
:, tile
auv niantier
the State might not ho in direct repugnance,
lo tho legislation of ( 'oi.grc; :s. it decs not fel
low that it il not in legal t-ilect: that if they
correspond in evoi v ii-soe !. then the 1 .tier is
i lia and iaoperati .a ; ii they di.lVr, ihev mu-t,
in tlif nalare i f !',':. . i, ojer.se e:.i h otla r so
fir tn they d diii'.-r; il. it ; I'd.- h:t. r; rotation
of the t.T.ns in which tiio provision el' the
(V':.stituti.-n is cx; rio.s d, pr .liibiis llie Sinks
f.olil h ail..ting uji.ia the l :..-siif-ll iliV-'lvillg
the owner's righl Ij tiiis speei, s . t' h.lo.'r; mi l
lliat while the law of Cngtess. thu a passed,
exists, the power of the Stite.- is suspended,
an l, for tho tunc, is as in iperali vo aj if il had
iiovwr-wxitifcstW- ...
The case of Jack rs. Martin, was carried
to our Court for tho corr"'tion of errors, sunt
the judgment of the Supreme dr.trt v. as af
firmed. Though liic reasons Liven for the
decision in the Court of i.;st K'-sort, as re
potted in 1 1 Wen, loll .jl.'7, differ from those
given in the Court below, the positions of
the Supremo Court, as 1 have extracted them,
were in no respect disturbed, hut have ever
since teinaineil and aro now the law of the
1 in. I, governing the C Juris and citizens ef
this Stale.
In lsJO. the Supreme Court of the United
States in Trigg is. lVim- v ivat.i i Hi, l'etors
.a":', had the .-..:ao lion before lliem. It
arose out of various stall.!, s whh'ii tliat State
us we'.i as New York and other northern
States, had, from lime lo l.ui'vboi n cuacliiig
on the subject ol' slavery, an t which contain
i d aii'oii:; other tilings, provisions very like
ours in regard la slaves who li..d absconded
from other Slate
Judge. Si'-
till! ( '.Oil I. Ol
may lie liuiv
ot tho (. :
the n mei
ing tiic o
di eau ,1
ipa'iicies
' If this
just priis
latinn ol
legislate
(.'on':
libit,!
ly it
particular sun cct, and luey do actita
Into il in a given nianiH r and in
certain tor.il, It cannot ho that tno Slate l.c-gi.-l.itiircs
have a right to interfere, and, as
compliment to llio legisla
:, to prescribe addition il re
.in ilcliv: ring the opinion ol
or, s that Ihe l.i-.v of Congress
:i,l to cover the whole giound
... soli. ii,,,,. ,:oi ! aiiso it exhausts
c s hidi oeiv ho r.i ,.-i nl' iiteiin-
ijcct which (.oicresj havo us yet
kpi'ilijii! or proper lo ni-et the ex-
,( t!. i',in-iiii:i.'ii. And he adils;
bo'Ve, Ihi u it would seeiu, upon
ipi. s of construction, ih.it the legis-
Con.ir.'ss must snpeicc.lo all Stale
n upon liie s nun subject, end, by
.ti,i, prohibit it. l-'or,
. Ii-ive a constitutional power to rro--
. .' .
. o ,.':,.
provisions lor mc same purpose, i.i suen
llie legislation of Congress, in v. bat
dons prescribe, manifestly indicates that
not intend that there shall be any far-
tin r h-oislatloii i.i act upon the subject mat-
t,-r. llu.i ilo.'t.ine was linly recognise,!
the Court, in Houston r
where it w is erori s dy 1
Mare, 5 Wheal,
, gulalions, and what they may deem auxiliary
has
is
of
Slal
tes vir
tually .lUirc,
it is
United
on
lirst
under
0
the
held
ser
vices, is a
an
which
incor
porated in , Stale discretion! Well, indeed, did
on Hujireme Court repudiate the idea that
lying frillers of the Consiiiution intended to leave
ami ,lin ,a.,ti of tUU subject to thn Slates,
to w hen the provision itself obviously sprung
Id that v, hero Con-
;rss leave e'icreis. ,i a pov.et over it p.irueu
lar .subject iven them by the Constitution,
it is lo t competent for Slate legislation
add to the provisions ul LuogiXsS upon
subject.
Tl-.is is the stit feme law of the land, which
I urn bound to obey, and is i-pp!icab!c to
cue before liie in this asin ct, tliat while Coil-
gross, in the e.M-rci. o cf its constitution
power ovir fugitives from servcc, lias given
right l- rot,!;,! and reco.-ivey them to
place of seivicc, to the party to whom
service is due, his agent or attorney,
Stale legislation adds to llio provision of Con-
gross on that subject by conferring to power
recapture and re-conveyance upon
nt u vessel, on board of which
hignivo nuy have concealed himself.
It it may add, may it not diminish!
if State legislation once begins, where it
io enn, ami vt nut noiinus aro lo no sel to
of their fetrs of partial and ni just legislation
hv tlic Mlatca in n-peet to it.
Wlol.i this consiriietioti ot mo i-onsu,..-
ti on ihouuh recent in Its proiniiie.iou", j
old as tin" instriiinent itself, was conceded
on all hands during tin- argument before inn.
it was contended that our statuto ilul inn ;
within its destroying inllueticc, lncauso it
was ou'.y a police regulation, and then lore
leoitimalely within the scope of 5-t.ile ai.thor
itv. In ll Pe.lers (I-;.-.. Jud-,'0 Story rpialllies
tlm decision of the Supremo Court of till' l"
nited States, by nay in,: tii-t. they were not to
be mi'ler-iiood ill ai.y manner to ilo-.ibl or ln-t-rl'ero
w it'i. the po'iieo power belonging to
tho St itps. in vlrtee ef their ir neral severi-'ii-
iiv. Thai iiolii-o no war i M.-teU over all sub-
b'els wiihiu the tenil oial limits r.f the States,
and is di-.tin'4uishablo from the ri-rlit and du
ty secured by the provi-.ioil of the Coiisiiia
lioti nniler consideration.
It In comes thcnfi i'o material to i Inpiire
what is the tioliee tmwor here alluded t", and
d ies our
!v vn. d pr-perly fall wiiii-
111 lis :-f.'po'
I u ltl I'i ! rs, llio
speaks of this power ;
dt.-Iioii on tlie retail
runaway slaves, an I r. i : i
borders au.l olhei w i " to
h'lireil.itioiis
leii-Hi.l Judge
i ning fall j'lris-
!o
e.-l
the
l.l ,y
;t: it.
and
it e,
I'he
1;
and res train
in I V; m llii ir
' ill. iliselves
il i-xaiuple,
e,.- os i f idlt rs,
iiga'i i f lie
ill no just sense
y sueli a eom.se;
i .us of this pf
I ( ssei.ti il y for
for tin! proti etleii. s.;;i ly anil
cacn ul thu Mate, may osseiiti i!-y promote
and aid llio interests of llie owners. lint
such regulations can never he permitted to
interfere with or obstruct llio ju::t rights of
the owr.er to reclaim his slave, cr w nh the
remedies prescribed by Ceti,;;e:-s to ail and
eiilorce I he same.
.lg;:ile.t ill
as certainly the
l:-oilo lids';::, !
owni-is ( 1' fi.;:i:
inli ro n d w iiii
an ! in many e,
lice power i. lib
otaer urpose
h i
to be
of the
attain: d
In .New York i-.i. Milne, II. IViprs, K13,
Mr. Jhsticc Il.ohour, in delivering the opin
ion of the Court, applies this test to ileier
liiine Ihu nature of Ihu power. Did it belong
lo the slate heiore the adoption of the Cou
ki ii u tii n ! lias it In en taken !'r m the stales
and given to Congress? Or Jots it fill with
in that immense mass of legislation whiih
i ir.br.icc.s ever' thing within lit.' trrrilnri of
a state not .stirrer, dead to the general government-
And ibe power then under consid
eration was held to be of that 'ma: s,' because
its place of opt ration was within the territory
and tin refine within the jurisdiction of thu
state; because I hi? person on whom it oper
ates w as found wkhin the t itnc i rii'.ory and
iuiisdioiioii; because the perjoi.s for whose
hem tit it was passed wire llie pe
stale; liecause llie purim
was lo secure the proti:
anu because ihu means
id anil appropriate lo
Complaint was made during the argument
that ibis police power was i ncei.ilir.gly vague,
ill. ccrlain and in, definable, and hfnee, I sup-
ose, an inference was lo be do. luci d Ihst
I ought to regard the claim of pow er w ith lil
llo favor at least. In the very nature cf
things it must bo diilicult, in few, or perhaps
in many words, to define the power; lor it
comprehends an itninenso mass of legislation,
iesj'i clioii laws, ipiarantine laws, health
laws, internal commerce, roads, ferries, ,',(.,
,vc.
Yet, it.iiiiei-.se as is this macs, and various
..sure llie inti p-sts ombraci d in and affected
l.v i', il seems to me that tkcruhs laid down
by the Sii'-reme Court of the t
rcaily ipiolnl them
loviue, are plain
understood, and
Sup
I have i;
which liny
and easy to
alt t ) v,l:
tvc:i us in lue
all
a
it
plication to this ca
sali.-l'acti.ry in the r.
n.
j To apply first, the rulet
: ci-o of I'rigg, in lo l 1. r
i He police lower v
! jects within llio t; ni'.orial limits of the stili
1 i'1"' our statute does not routine iis operation
; v. ilhin oar limits: hut piovoies, in case tho
iVgilivc is I'roin anoiher st ile, f.r llie rettnn
j ol th" fngilivu back to tho place whence he
i
Vi'e T.i..y rcmr.ve slaves from our borders
j to secure ..itiselvi-s ng.iinst tin ir dt prcda
i.nphc if j lions.' To litmspoit the slave to Canada
j Connecticut would ill'ect lliis pi ipose, yet
. ...I, I O
1 1 111 l is not illiowcil ov oursiaiuie. i.e iniisi.
ill coinplianci! w nil us rnmmatiu, ne reiurntu
only lo his place of bondage.
'The rights i f the owners are nut to be in
teifered with or regulated.'
Yet what is a compulsory return of the
slavr. with or without his ownt r's consent.
a to ,,,. ,,i,.eo whence he lied, hut an interter
ease, it rh(. v,-it,, or rcgi.lalion of, ihe master's right
it j t(, ,.trol i.is movemciils and govern his per
iloes I S1111-i
j 'p, 8tate regtih-.tion is, 'not to inlcrf.'re
uy , ti... ........av nresciihed by Conorcss."
(. oiigri ss has IlinHed the power ot recaption
to the uv. iii r, his agent or ctlorni y, hut
state law has removed that limit. ition. Con
gress has protected the rights of ihe owner,
by seeming llie reclamation to him and lliosu
itccii .n ef that people,
is u-ccl were iuJ.iJmr-
those ends.
I
I
iated Slate
and lb" tea
and si. op
I, i tlieir a
hce'ive :
li Ihi v 1
1 '.
1 ,
our slave, could our law coinmandimr his
the he enforced? It could he enforced only
j llio national government, and therefore
power has been surrendered by the states
out ' ih general government. Such ii Ihe coiicltt-
to
thai ; n, pointed ,y him, yet our statute gives to
I commander of thn vessel tho power of trans-
! pmting the slave beyond even tho reach
the . ti;p ,..w"Ver.
j ..,.(. u the reau't of the rule furnished
-.1 j ,!,. Sk.ry. The application of Judge
; i.,ou7's tests will be found ijtially sutis
llin Iho , ,.,ury i!ntl conclusive.
the j s this power exercised in llii-.i statute
the in hrKt-iiijr a matter within the territory
ti,u sti,tP llot Rurrcnderetl to the g-overninent,
m,j Wlit-H can be most advanlaoeously
tho i pn-is,.,) y ihe slate!' h cannot be most
j vanta-reously excrci.-ed by Ihe Slate. It
I ,.,, i,,,.,,,.,., ,u exercised at all without
And consent of the stale from w hich thu
is lied. Suppose thai any slave slate should
It, torhld Ihe return to its territory of a fuoitivo
ston of our Supreme Court and the Supreme
Court of llie United Slates. .N ol an eh iiieni,
then, of Judge Harbour's definition is It ft to
apply to this statute.
I ' 1 1 1 to proceed with his le.ts;
We nre lo look at the place of lis opi ration
to see thai the statute operates w ithin the ter
ritory of Xmw York; yet the main object of
this sta'aie plainly is. m.l the removal of the
slave fi a.t our borders, but bis return to the
place whence he lied, involving of necessity
tho operation of our statute, without our ter
ritory nail without our jurisdiction. Could
il he ini.ri! so if it provide. I that every vagrant
arrest, ti in our streets should be trat. ;ort"J
lo, mid abanjoiicd in, Ibe streets of Savan
nah !
c next to look at lite person on whom
il oper.iii s, to sec that ho is within the same
tertiierv i.ti i jurisdiction; yet this statute
must, of i.iccssiiy, operate bolh on the slave
and llie coiniiiaialer of the vessel more out of
llie slate than in it.
Wosro next to look upon the persons for
whose lieiiciii it was passed, to sec that they
are the people rf our stale. Yet this statute
does r.at conliiie the power of iccaplion t-j
the co::i:;,ainJe;s of Vessels, hiiiig citizens
il coot, a . ,t ,,( coinio.iie.lers, reside where
they irnv. And it is far hum being limit! d
lo Ihosa for whoso protection ami welfare, in
tho l iiigiiago ,,f .liiflgi! Harbour, our legisla
ture is Im iiihI in duly to rovidc.
,. e are i.ext lo turn our atli nlimi to the
purpose to he att lined, to m-o that It is to sc-
cure that very protection ami provide for that
very us i :.i re. The argument is that this stat
ute pn aihos the removal i f slaves from cur
territory l.y highly penal enactments, and
surely if the weilhre of our citizens and their
secinily from the evil example of slavery
were liie object in view, it could he attained
as weli and far inure easily- by iransporiing
the sluve la a f.-ep r t .to, which il prohibits,
than la a slave state, which it al'sclitiely com
mand -.
And l.s'.ly, we are to cxaieino the means
by which tieoe en. Is arc to be .itlaini-.l, so
lliat they hearaja-l, ii.Uar.d, an I appropriate
relation to those e.i !. There is no siurcial
pleaili.'g. no reliin'tiiMit of leasonieo- that can
disguise from a coiniiiou understanding ihc
fact tioit tiie h.'ie oiijcct of llie statute was.
In iiliaw ilic coa.iuai.ilcr of a vessel to protect
hiniM-h' by relaking anil relurniie: llie fugi
tive, a.,d lac ineans used, namely, Hit" exami
nation and '.he adjudication by ihe Mayor,
and his eerliiic.ite, wrre natural and appro
priate to that i ii'l,ani! to none other. If any
other i i d Ii id been in view if the proloclioii
cf our people at large had been aimed at
then; Hviii.i have been sunn thing compulso
ry in llie law, something rcie.le.ing It ohligi
lory en the captain to afford in Ihc desired
nro'lo. tion. lint everything i left to hisdis-
our
I cretio.i. 11 he ph ase, lie may r. talio, ami,
1 reluhiu'j:. Il ha please, he may n far 1
I K';;Vt 10 tl,n r1'100 v'1"'1'i-'u n'-'1, 11
captain siioiiia cnanco r.oi io on a eiii'.en
this Stale, it would he difficult to discover
how il coalil l.enili! this State, ytt nadir
circuit. stances would it bo ditlicultto discover
how it could bentlit the owr.er lo have his
servant placed again within his reach.
In every asprct in which I view lliis statute,
I cannot help regarding it as intended and
calculated to aid in returning a fugitive slave
lo his lnasier: and it sei ins to mo that
claimant in this case and his counsel havo
understood tho law, and have ncled accord
ingly. Klse ii by yvas llie buy confined
board the vessel alter her arrival here ? Why
does the captain plead bis obligations to
laws ef (ieurgia, when liioio laws compel
him him to return the boy ta bis owner?
whv, when Ceorgo was making every effort,
with the assistance of nunicr mis friends,
; i -faei; nolo mc .'one, U.U IHO e.lj'O.lO llluiw
j ihi a:J of the police to i.r.-ist tlia.-e ei.'oiisr
t.o.l whv dees In: i,.-w press this claim,
';::'. li'. may do ih.,1 w hich the Ccus'.itutlon
at laws r.f tiio United States declare shall
je com; only try llie '.mrty lo w lioia u,u ser
t
vice is di
tr li:s agent or attorney
! 1
hv
llio
to
the
of
us
one
of
ex
ol ,..!
Comiii.lii.lor tac
tile the
slave
ill'.uli: lo iheso cunsider.itions for tho
note o! even implying a cel. sure upon
commander of thu vessel or her owner,
solely with a view of drawing from bis acts
those of his very respectable counsel, the con
solation jusily flow ing, that be and tiny do
i licet and from necissity understand our slai
ule precisely as 1 do, namely, in the laiignagn
of the U. S. Supremo Court, as by way
complement to the Legislation uf Congress,
preseiiljjng additional regulations, and
ihey (Item, auxiliary provisions f.-r the
purpose.
It must have occurred to a.l who nave
en this subject much consideration, as it has
me, to observe the extreme watchfulness w
which this provision of our national constitu
tion lias been regarded by our highest courts,
ll is not worlh my while to pause and impure
into the causo or tho propriety of this. It
enough to know that whenever any Stale
attempting t) intermeddle w ith
qui ..lion, has come before our highc-i courts,
il has without ceremony been swept Iroin
statute hook. Our statute regulating mm
the master's right ot r. clam itimi.
allowing to llie alleged slave Ibe benefit
the wriTof litiiitntc !-y.Vgo(ii.', fell bcfoioihc
decision of our Supreme ( ourtin Jack's
The laws of Pennsylvania, running through
a period from 17S0 lo lf-Jli, and containing
provision like that no.v under n,y review,
wer.i ovi ruirne.l liy llie Mi rime i.oiiri oi
I'niud Slates in I'rigg's case; unl I
discharge my duty obey, imbed, inertly
one of i s plainest and most simple dictates
hv .i. el.iriii" that ihu rule i f law llius
down by Ihe highist judicial liibunals ill
cot.ntiy", and wiiuo lieclaralions 1 am
to reaped and to enforce, is applicable to
statute in oiiesiioii, and being applicable,
ders Ihu Maluie null and void, and the
and detention of Kirk under il, impmptr.
It will bu observed that I have ootllli.d
ili.cuss many consideialioiis which
pressed upon mo during the argument.
view which 1 havo taken of Ihu case
tlieir discussion unnecessary, hut I
hrieily alltnlo to one topic, because, if
danger apprehend, d were to ensue, it
be Tho only cause of r.-gn t w hi di I
cvpi rietiee prowing out of ibis case. 1 ulimlo
lo the penally ivhtrli it is averred inir fall
U")U Ihe captain in case of I, is r, tnrn to (,'por
gn. I r.i.ii-.t prrsa.olo inyseif that l!u ri. js
any cans., p r t;,,.
The slave was eoncpth'd en hoard his vec.
r without bis Knowledge or consent, lie
win not (lisc nerod until ihe limits of (Jeor
gialiailhion pnsr.ed. -..Mil to ,;.-i returned
then to Suvminli woal.l not only h ive v, til
led Ihc captain's iitsur.'iice, hut rendered him
liable to an action to the boy; and since his
arrival in ibis port, hn Ins resorted to every
inoins which our law allows to return biiii
lo bis place of servitude. And if he shall bo
finally defeated in his att, inpts, it will not
bo from any want cf rll'ort on Iiii pirt, but
l.om a determination cn the part of iho au
thorities of this State, to avoid State usurpa
tion, and to maintain the Constitution s it
has bron interpreted by the highest tribunal.-)
in the country. It cannot bo tli.it under such
circumstances, he can have any thing to fear
from the penal enactments of (icorgia.
I f, how ever, contrary to all just calculation,
those fears should yet l.c realized, our regard
for llie individual, may not warp the law from
its uprightness, though it may well excite
our regrets lliat its integrity cannot ho main
tained without linmetilcd sulVerii'g. This boy
must at all events be discharged ; tho law al
lows it, anJ the court awards il.
Judge Edmonds's Decision.
j
he
t!,',.
ui
no
llio
so
on
Or
to
do
ur-
toe
but
and
in
of
what
same
giv
-to
ith
is
leg
islation, II. e
tho
con
trolling and
of
case.
a
me
only
laid
the
bound
the
ren
arrest
to
wire
The
reniler
e.l will
Ihe
would
should
In llio recent care in New York tlm fugi
live after being onco discharged from tiio
custody of the captain, on the ground that he
had no authority in act us the agent of the
master, was seized again by viriuo cf a sta
tute of the Stale w hich enacts.
"That whenever any person of color, ow
ing labor or service in any oilier part of the
United Stairs, shall secrete himsiifon board
of a vessel lying in any port or harbor of
such State, and shut! lie brought into litis
St ite in such vessel, the captain or coniman
dir thereof shall si izrj such person of color
and take him before the M ivor or ltccordrr
of ihc city of ,ew York. The ollieer before
whom such person shall be brought, shall iu
iiuiro into the circumstances, and if it appear,
upon proper testimony, that such person of
color ow os service or labor in any other State,
and th .t he did secrete himself en board of
such vessel without the know lodge or con
sent of the captain or commander thereof,
and that by so doing he subjected such cap-
t .in lo any penally, such oll'.cer shall furnish
a ccrlilicito thereof to such capi tin or com-
manner, which shall lie a suit,, nut warrant
to him to carry or send sc.cli person ol co
i to Hie port or place Iroin wlncli he was
broupht as aforesaid."
Judge Kdinoni'.s decided this ljw lo be
contrary to tho Constitution of tho United
Stale.'!, on the ground ot tiie l'rigg cane, which
decides that us by the Constitution Congress
is vested with exclusive power over
whole subject of tho reclamation of fugitives
from slavery, any similar power in the States
is prohibited by a necessary implication.
This decision makes r.n exception to the gen
erality of its exclusion of all Stato power,
favor of niero pel ico regulations. The coun
sel for tho caplain labored hard lo niako
appear that this New York statute full with
in tho meaning of that phrase; hut Judge
lhlnionds' reasoning on that poinl is perfect
ly Satisfactory. Ho showed beyond
doubt that tho object of the law was to pro
vide for the return of the slave to his master,
and in that way, to savo the master harmless
Irani the penalties in the States fruin which
he might havo escaped.
The Constitution of the U. Slates secures
every person lo whom another may owe labor
or service according to the laws of his State,
the right of having that person, if he should
escape from tho State in which it is ow ing,
delivered to him, notwithstanding any laws
in Ihe Slate to which ho may havo tied.
We claim that Ihe only right of legislation
on ibis subject, is in tin. States by their origi
nal sovereignty. The Constitution confers
no exclusive right of legislation any where,
upon Congress none at all. It only operates
a restriction upon tho acknowledged sove
reign right of legis!.. lion possessed by
States ; and rcstiicls it only so far, as its ex
ercise may tend lo defeat ihe constitutional
right of tho in aster to secure ihc services
a fugitive from labor or service due. Within
that limit the Stales have the exclusive right
of legislation ; and the .pioslion w belli. r
Milium of Nev York of IrilT is contrary
tiie Consiiiution of the United Stat, s, depends
upon w hetln r it transgresses ibis limit.
certainly was not intended lo. It is calcu
lated raiher lo slrenglbeii ihe tight of
master, than lo throw obstacles in his way.
It was passed fur his benefit, not fur his det
riment.
Hut another question arises. Is it notcon
irary to llie Constitution of ll.o Stato of New
York ? That instrument contains broad
guaranties of persona! rights to every indi
vidual. New York is a free State. Liberty
is thu law of the laud. No slave can
upon her soil. Its touch dissolves his chains.
And its legislature have no pow. r to change.
this. It is a part of tho supremo and funda
mental law. Jt derives its existence and
from a power superior to i lie legisla
tes ; a power which ci'al.d the legislature,
ami .rave it all the authority il has.
legislature has no power to limit the right
liberty. F.vi ry attempt on us pail to do
niusl'bu unavailing. I'.very law aiming
.In it. is unconstitutional, coutraiy to the
dameiital law of ibe laud. It is on
ground, that Ihe law, under which the
of the vessel undertook In secure (icoree
Kirk, is null and void. Judge LMiiioinls
diJ not, as we have teen, put it upon
ground. The position was not taken, hl.t
occurred to him, and l.c intimates his opinion
of its soundness. He says :
.. It may well be ipitstionid whether,
'j
s0
tin
was bluilght into this Statu In
., . , I... .1... I'..,,
iiianner nol niunorizmi oy mo io,.s...
uus, be did not thereby, under our law,
ipsa facto, free, uud w hi ther this
cillii" hi fore iho Mayor is nt, therefore,
07.1,V rtmillantrn In hf nmrr, ami all Ittterl
rrliilinu In Ihr prruntnry njfnin if lirpnprr.
In be aiinwii (post paiil) lo Ihe Urnttal
.trnl. (mimtiir.nlinnA intemlrA fitt truer
titmtiiheniltlrtssid lo Ihe i'(i7or.
C3r Terms : lil.HO per annum, or l,?3'
'inrnritilih) muired) if not paid w ithin six
months of the time of subscribing.
AnvKRTisKitKNTS iiuik i ng less thn n a sipiara
inserted three times for 75 cents; ono
miua-e 1,
'riii'nt fur the I'uMirhing Cvmmiltee ly
v. s, iiAri.tion.
cflcc', a proceeding to carry a free citizen in
lo bondage. Jlut I do not consider that
point, lis it wai not raisrd before, me in the
argument, was not discussed, mid is not ne
cessary to the decision of tho question be
fore inc.''
We think ibis the only true and proper
ground of Ihe unconstitutionality of the law
in question; tho universality nf llie law of
freedom in the free St.ites, uh the saving of
the constitutional light of the person lo w hom
si rvice or labor is owed, to claim and secure tho
fugitive ow ing it. This leaves the mode of
proving and establishing the claim and ef
fecting thodrlivery, entirely to the discretion
of ihe respective Suite. Nona of them with
all their pro-slavery spirit, could pass a law
containing less w-ruriiy for freedom, than tho
subsisting law of ','.ri. We would havo '
been gl.nl y have seen the prourid wo havo
maintained, and intimated by Judge K.I
nionils, established by decisions. It would
teach our legislatures and tloir slavcholdiiirr
allies, for w hose interests they havo been
most especially solicitous, that ihry were
constituted nol as llie watch dogs of slave
catchers, but as the guardians and trustees of
Ihe sacred principles t f freedom. We nro a
linn believer in States' Kights; and not cnly
in Stales' Kights' Iml Iheir necessary co-rel-utive,
Stales' Duties; in tho duty of tho
State, to watch over an ! guard its free insti
tutions; to cherish and foster llio spirit of lib
crly ; to promote and reverence the princi
ples of political cqualt'y ; to preserve nnd
perpetuate the doctiincs of Democratic Hc
piihiicanism ; to protect the citizen in nil his
rights; to shield every individual within lis
jurisdiction from wrong and onpicssion; to
regard and defend the smallest right of llio
meanest nnd poorest of its inhabitants, as
dear as its own honor; to assert the inviola
bility of its soil end tho perfect sovereignly
cf its laws; to guarantee perfect toleration of
all peculiarities, r.n, I perfect political equali
ty (fall that are suhj. it to it; and to secure
to every individual, who contributes to its
support or owes it olicience, ol whatever
color, clime, cr creed, the ino-t unlimited
equality of opportnnily, to fulfil his destiny
as a .man. llrruld i'iii:r.tirnpiil. i
Correspondence of the Buffalo Daily Express.
Louisville, Ky., April, 29. 1846.
i
j "JJ'
I
the
in
il
any
to
as
the
of
the
to
It
the
exist
nu
ihmiiy The
of
it,
to
tun-
this
tins
11
as
Up to this time, 1 had not been able to com-
r.hcinl that the line-look i eg, intelligent mi n
and women .if color that I saw about mc wero
t ell. on. Is. iIim sii!,l,.,.u i i' lr:olo mi,, I liartcr. likn
horse or my co'.v, but a public sale of
i s enabled me lo ccnipr. bond the painful
j reality. A. !!. had dh d, leaving certain debts
I in no paia ny ins aomiiiisiraiors, aim ins siocii
I of boys and girls (slaves) wero brought lo
the hammer, according lo law, in front of tho
. Court 1 louse the sherilf acling as auction
eer. Jack is produced anJ offered tot sale.
The sheriff says, '-(.cntli men, the terms of
this sale aro cash. 1 oiler you ibis boy Jack
bo is warranted sound and in good health ;
ho is docile and ingi niov.s ; he is of good dis
position ; was very devoted to his bite mas
ter ; once saved his master's life while drown
ing, at his ow n risk ; can't bear an Abolition
ist. (A laugh.) How much am 1 offered
for the boy Jack ? Jack, how o!d are you 1"
'I reckon, massn, twenty-two cr twenty-five
years old don't know exactly." The sher
iil'says, speaking lo his mother, 'Snow-hall,
how old is Jack !" "Kcckon twenty, mas
sa." "Well, Jack is from twenty to twenty
five venrs of age. How much is bid? (00,
JOO.'ihUl, .'.'j, 2.")0, tWO. Jack is a pro
fessor of religion. (.'100 by two bidders.)
ileligiou sells high! oOO, h'00 Jack lias no
education can't read cr write; U..0. Igno
rance sells at the same price ! 1150, 330, 1175,
100, 1J3, IHO, lsl3, d 10, 1 10, 1 10. Do 1 hear
no more? last call; bid quick, or gone.
(.'one." Jack is knocked oil' to a man with
a broad hat who wore a heavy gold chain
across his bosom, a handsoino howic knife
in his vest, and vjrrics a hujo cane in his
hand.
During lliis drcadfal scene, Jack's mother
and sister stand by, awaiting tlieir turn.
Need I say to humane readers, that they wero
overwhelmed in grief aud drowned in tears I
Jack watched ihe bidding as intently as the
victim would the knife that was either to sev
er his bonds, or send him to the other world.
When a man hid w ho was known to be a
Kind master, his face would light up with joy;
and a bid from a different quarter would cover
his face w ith an expression of anguish that
must bo seen lo bo appreciated. hen no
w as el ruck oil", he turned pale and sunk upon
llie ground the very picture of despair. I
thought I could seo beneath lliat dark skin a
white soul w rung by mortal agony. He had
been purchased by a slave-dealer, ho hcugbt
and sold men, women, and children, to ihe
sugar planters of Louisiana for gain. His
new master seized hi in by thu collar and drag
ged him aw ay to jail, shaking his cane over
his head aud swearing, us only a slave-dealer
can swear, that he would had him with irons
and cure him of the hysterics. Tho sister, a
comely female of ninelcen years of age, was
next ollered, and sold, 1 beiievo, to a kind
master. The mother w as ihen oli'cre.l fur sale
on time, for anybody's note without endorse
ment. She was n.xty-fivo yiars of age, cr
more. She was a w oman, and a mother, and
a Christian, and her head w as w hile with the
blossoms of the grave. ''Tho alinond-tree
had begun to flourish, and llio grass Hoppers
had become u burden;" and there wero no
bidders, (icd spare mo from another such
sight.
a
Sl:,t.
be
come pro
ce m
SocniKiiN Fashions. At Madison, Ceo.,
on the "JSth ull., Mr. C. W. Williams, builder-of
a depot lor thu (icorgia railroad at that
place, allocked a policeman named Kills Mad
ilox v. iih a buwic knife, for having whipped
a free negro working for Williams. Maddox
having received n wound in his neck, drew
a revolving pistol and kliot Williams three
times, killing him on the spot, and thl'Dgavo
himself up lo the authorities. , ,
A coiiplo of sailors, in a bireet fight at New
Orleans, injured each other so severely that
both arc expected to die. Of course they go
to their grnvc6 "honorably."