DEMOCRAT, AND BLOOMSBURG GENERAL ADVERTISER, I LEVI L TATE, EDITOR, TERMS: J2 00 PER ANNUM- "TO HOLD AND TRIM TEH TO HO II 01' TUUTII AND WAV1S IT O'JiJR TUI5 DARKENED EARTH." BLOOMSBURG COUMBIA COUNTY, PENN'A,, SATURDAY, MARCH 19, 1864. VOLUME 28. ! 4 Select poetry. Prom ih j Philadelphia Sunday Mercury. -Hace for the Preoldentlal Nom ination, Between the SitlyliTiiled Horse Mack Abe and Greenback Glum, "lUmni'jU I bn.b. ilJet rouo"-aunifaita. Drln j nut your nag, for now begins TIii! Presidential face , There are two horac In Ilia tluU Mack AbJ a nil Greenback Chase, Dotli of ttism at tin) atittinij post, llavo tahsa uu their station ; 1hi horse that snorts and tuiu tha bsst, Will g.t I'aj nomination. iFour years ago Mack Abi run On tlu Chicago coutaa ; Although a swlndtin.i race, hg was Declared tha svlnnlng herse. A nlifgsr Jockey now healriJea This old stala Jolting hack ; And Oreelcy swears that bo will bit Ilia gray coat on tin ISUck, Tho Greenback horse has not befor J Horn tried upon the liack ; Out curries a heavy load uf debt And taic on tin hack. Groat I'untroy ha.i brought him out, Thou(h Hume folks say lit shabby, To run the llttmitck flnanrier. A.'i'iin.t the "ilomnment." But yptagiHy says if thinrfa oruiuate, And blacklegs quit tho course, .He'll i" u apleudl.l v.eddiiiij Jim Upon the Greenback bursa. Now bring 1,'itli homes to tha ecraica, An J l-t HuMii l.ico iho mark ; They both mustslur'l (is soon aa John, The Doj, begina to bark. IHu-im, they'ni oft", away they no, As sniftly id the wind : Tho black-lurse line u large f:rtC4 rail A sticking out behind. AnJ fifty Proclamations, loj, Ar tucking tu thu rail i 7'J Uilluix worthless notes hung t The Greenback horso's tail, Now lil ick. now Groan, now Gr-'eti, no, ti':Y., Give each of ilinn fair play Tlta hoMe that setj to lllchmond first Is bound tu uin the day, "Hurrah I Hurrah I they come ncutn 1" UiMOuuds along ilfi eourso ; Let flu the rail, and loose the tail. And b; tha winnliij horss." Hut look I what u the matter now With Oreeu ns well .is Ulaci I Th-y bulb hrt i kiri at Richmond, And j'l Charleston turned tluir liact. Thi-ri-fore the race cinstbs postpomd A month or two, of course. Until we bnn up ht'.le Mae, Hie DiiuocratiCi horsj. 'Xaix o n a itEPEAls OF THE FUGITIVE LAW. MINORITY REPORT. V1EKS OF Till: MINOUITY, SUIIMITXED UY HON. C. R. BUCKALEW, IN' TUB UNITED STATUS SENATE, AND 01!InilUD TO HE I'ltlNTED WITH TUB KEPOllT OF THU COMillTTEE. Tlio undersigned, a minority of tlio Cfiiniuittce on "Slavery and tho Treatmont ofrrocuineii, to wlncn couitmttuo tvoro reforrnd sundry petitions for tho repeal of nil existing laws of iho United States for tlio rendition of fugitive slaves, have found tliorujolvos unabla to nree with tho major ity of tho committee in the views express ed bv them in their nroDOsed rcnort tn V II I" 'tho Senato, or to concur with the mnjority in reporting a bill in accordanco with tuo prayer of the petitioners. The majority of this oommitteo dcclaro ; the acta ot Congress of 1793 ane 1800, in ' nid of tho reclauiation of fugitives from stTTice'and labor, to ba unconstitutional and inexpedient, and their report is a m- ume oi ma arguments which neretoiore uuv; uceu m.iuu viaiuci. ck;i uuill casiuu- al Rgislation. It is, theroforo, a proper ocoasiou tor restaiing the grouuds upon whioh Congress proceeded upon former occasions iu making provision by law for tho reclamation of fugitives from labor, and to rcfuto and repel once moro tho impassioned and unjust objections by which that notion of Conuress lina linen assailed. Tho fourth article of tiio Constitution contains seven miscellaneous provisions, j tho third and fourth of which, contained ' in tho second section, aro as follows : j "A pcrsou charged in any State with treason, feloiy or other crime, who shall' tirii, fritm i 11 al inn . A U f.....wt t nrlnll,nHt ..v ....... jujiiuu mm ui iuuiiu in uuuiuu. State, thall, on demand of tho executive authority of tho State from which ho fled, bo bclivcred up, to bo removed to the Stato having jurisdiction of tlio orimo." ''No jioi'sou held to service or labor in ono State under tho laws thereof, cscap-1 ing into anothor, shall, in consegueuoo of any law or regulation therein, bo dischar ged from such sorvieo or labor, but shall , bo delivered up on claim of the party to , whom such service or labor may be duo." These cliuses may be desoribed as in Pji tho uaturo of clauses cf extradition, and 1 if they appeared in i treaty between States perfectly independent of eaoh othor, and without a common agent or authority lor the determination of quostions betweou them, would bo executed exclusively by tho political authority of the Statu where the fugitive'from justice or labor should bo found. They would bo only articles of compact or agreouicnt bclween independ ent parties, tho oseoulion of which would bo a question of good faith in tho party upon whom tho obligation would rest. And tho remody for a broaoh of tho obli gation would be by tho action of tho Stato aggrioved, in a resort to war, reprisal, or other means of redress known to interna tional law. But our States aro not wholly iudepou dent of each other, Thoy aro nsiociatod together -in a constitutional uniou, aad liavoa joint roprcsontativo or agunt in tho government of tho Unitod Slates. And tho instrument by which that association U created, and that government establish ed, cannot bo rcsoiuded or changed, oxcopt by the formal action of tho political bod ies which formed it, acting 10. tho uianuor piosoribcd jn tho instrument itself. In laot, so intimate is tho association, that it loses the character of an alliauac or lcag uo of iisdepcudcnt States (dopeudont upon tho frco assent of the parties for its con tinuance) as to all subjects, whother of power or duty, embraced in disagreement of union. Tho several States, and tho people of oich, aro bound by tho action of tho common government upon all eubjucts committed to its jurisdiction. And ns to tho stipulations above men tioned, which rolato to tho return of fugi tives from ono State to another, itmuit be manifest that the relation of the States would bo different if they werewholy indep endent of oach other. Doubtless tho duty of ozeoiiting tho stipulation would bo tho same, but its obligation would bo imper fect, or at leastj its scuetion would ba dif ferent. If there e nojurisdittnon in the govorn nioni of iho United States o'ver this sub ject of the return of fugitives, it u mani fest that thero is no sanction or power whatjofver for tha e.iforcaai'-'nt of thu right ol'rcclamatiou against a defaulting State against a Statu which declines to execute, or opposes the execution of the Constitution, and wo would arrive at the absurtd or improbable coucliiM'ip that n solemn riyht and duty wore orcated with out any pcs-dhlo remedy for their violation) for it is manifest that a St.ite nggriovsd could no', resort to any means of redress known to public law. jy the tenth sec tion ol tho nr.-t artioii it is declared that "No St j to sh.ill enter into any treaty, al liauce, or confederation, or grant lettori marque find n-pri'al, nor, without tho consent of Congress, keep troops or ships-of-war in lime of peace, or outer into any agreement or compaot with another State, or a foudgii power, uukss actually invad ed, or in stioh imminent danger as will not admit of del iv." In ease, therefore, of obstruction or denial of the rights of a Stato under the Constitution to hnve its fiifitives returned, it could me n'- force tor the vindication of the tight against a State in default, nor could it oven enter into any negotiation or form any agreement with s-joh dratcs in regard to tlio Eubjeet. This consequence would be, that tho Stato upon which tho wrong is inflicted would bo in a wcrse con dition as to tlio vindication cf r. richta- gainst another State.- founded upon a com pact of roelainfction, than it would bo in if it were an independent Stato, and had never entered into tlio compact of union. For by that compact it has surrurnlered all right and power to redress its own injury It followb that a construction of the Constitution which would deny to tho fed oral gofoniment all jurisdiction nd power over this subject of tlio reclamation of fugitives must be unreasonable and laUe. For wo oannot buppoio that thoso who formed tlio Coiiititution intended to do chro a right vhioh sLould bo iucapablo of enfoicemenr, or to place a Stato as to its rights, or the rights of its citizens, iu a worso pqpuiou than that in which u would I ' i stand ; Consti aa an indupomleut power. The titutiou was a romodial instrument au well as ono of order and uuiou, and it i must be construed as creating the powers uoccKsary to the eul'oiueiiiunt and vi.udioa- tiou of rights declared by it. It is claim- ed for thu system of English law, that it j announces uo legal rii'ht without provid- I , mg au adequate remedy, and it would bo -r,n odious imputation upon our ancestors to assert that they did not make full prov ision for a like perfection in our laws, in creating tho Constitution and government of tho United States. This subject cf tho return of fugitives becarao highly important in forming an intimate union of tho States, which involv ed tho surrender of mauy powore cf inde pendent action by them, and gave to crim inals, sieves, bouud servants and appren tices, increased facilities for absconding from one Stato to another. And it was adjusted in tho clausos already oited, by au einphatio declaration of the right of reclamation, in tho caso of criminals upon demand of the executive of the Statu from i i fl .1 I ffn Huiuu wiuj uavu iiuu, nun iu i-UHU ill "per- soushcld to servicu uud labor," upon claim of "tho party to whom xuch servico or labor may be dm ." And as to tho latter class of tugitives thero is au express provisiou that they shall uot be discharg ed from Bervice or labor in consequouoe of any law or regulation of the Stato into which thoy shall escape. Tho right of the claimant under tho laws of his own I wjlhout any statute provisiou what ever for Stato, to thoscrvic) and labor of tho fugi- lits vindication. iivc, is to stand intact and unaffected at ' Tho most important argument urged all times, iu the new jurisdiction to which ! gainst these laws by tlio majority of the tho fugitive lies oscapud. And, "ho shall i committee i this : That tho duty of re be delivered up." To whom is this in. i turning fugitives is charged upon tho junction directed ? It is general, it does j States by tho Constitution, and that Con not spooify any authority or person by gross has uo jurisdiction over tho subjoot. .whom the delivery shall bo made; and) But it is not proposed by thoso who sook being thus general aud unqualified, it may , t repeal of theso laws that the States thall be held to include any person or official in perforin auy duty in returning fugitives whoso hands, or under whoso aoutrol, the 1 1'com labor. In point of fact they areas much fugitivo may be. Aud ho is to ba deliver-: opposed to Stato aotion upon this subjoct cd up on claim, without acy thing further; ai to fedoral.and will be fouud resisting it upon au open assertion by the claimant of to the utmost wherevet and whenevsr pro his rights. No judicial proceeding is Bug- posed. Thereforo,the argument it not gested, no warrant is required. Tho ruadu by them in good faith, for the pur clauso j dear in indicating a nifht uf re. poso of inducing au execution of the con- oaptlon by the porson to whom tho sorrioo or labor is duo, and is dosoriptivo ofsuoh right as that described by lilaokstone, in ins Uoinmemarics, i Com 4.) Uu says : "llccuption or reprisal is anothor species of remedy by th mere act of tho party injur ed. This happens whou any ono has de prived another of his proporty in goods or chattols personal, or wrongfully detains ouo's wife, child, or servant.; in which oaso tho owner of the goods, and tho hus band, parent or master, may lawfully claipi ana rotako thorn, wliorevcr ho hap. poss to Gnd them, so it bo not in a riotous manner, or attended with a breach of tho peace." Hut it docs not lollow that this constitutional right is independent of all statulo law. Tho regulation of legal rights, though they be founded iu a Constitution, must pertain to the l'cgislatlvo power. A Constitution canuot troat of details, nor establish the incidents of a right, nor tho lorms through which it shall bo assorted. Tlio right of recapt'eu in tho master ex ists, acd(has always existed, iu every State possessing eorvilo labor; but the oxoroiso of this right iu a free Stato is only by virtuo ol tho Constitution. YouId it not bo vary unreasonable to hold that whilo this right is subject to legal regula tion and it is in fact regulated in tho States from which a fugitive oecapos, it shall be exercised without any regulation whatsoever in tho Stato to which ho has escaped ! ThU right, then, like other rights crea ted or asserted by tho Constitution, may give occasion for statuto laws, nud the nquiry arises, what political authority has jurisdiction over tho subject t Docs the government of tho United States possess such power, or does it pertain to tho States l)y what has been alroady shown it appears that such power must reside in tho government of the United Status, and can be exercised uniformly, oartamiy, stud beneficially by it alone. Aud -the federal government hai exorcised such power, without serious quesuou, until rccautly. In couscquetico of :i question of the re clamation ol a fuu'ituo Ircm justice, aris ing between tho Stato. of Pennsylvania and Virginia, and u communication from tht; former Statu to President Washington thu subject of Icijislatiou b Coheres iu uiu oi me rociuir.aHcn oiiugiuvos came in l -i-., . 1 ..rr -.! bo ociitiiderofl as uarlv as 1791. The question was .submitted to Congress by tho I'roidoiU iu thf.t year, but uo final action being then had, its consideration was rc mmeti at the following session. At last, after debate ftnd aincndrntnt, a bill entit led "An act re-pectin;; fcgit'.vca from jus tice, aud persons escaping from their mas ters," .wss enacted into a law,l!'ebuary 12, 1703. This net is yet iu force, though amended in 1800. By the first two sections fugitives from justico in Stato and Territories arc to ba delivered up to tho oxeoutive ol tho Stato or Terri- tory from whioh they hed ; ami provision ! is made for the manner in which it shall be done, and to punish any perfou con-' ccrued -in a rcscuo of tho fugitive. The third aud fourth sectious authorize tho olaimant of a fugitive from labor iu any State or Torritory, by himself, his agent, or attorney, to arrest the fugitive and tako S.1U1 utieic u jaugu ui i uuiuu ui.ni.co court, or before any magistrate of the county, city, cr town, where the anest may be made, and upon propor proof to obtain a certifioato which shall be a sufhoient warrant to romove him to tho Stato or Torritory from which ho fled. Aud then follows a provision for the punishment of auy person onsiruciing tuo claimant ins agunt or attorney, in the reclamation. (Annals of Congress; 1791-03, pagsi 1914 15. I This act appears to have beeu debated I and fully considered iu both houses, pas- sing tho Semite without a division, and in j tho lo-isa of llepresontatives by a voto of 48 to 7. 'Tho act of 1800 was simply amendatory of the act ot 1703, and it had become no j eossary in order to secure to cUimants j their rights under tho Constitution. That tforticn cl tho act of 1793 whieh authori sed Stato magistrates to act, had becomo inoperative, and in tho case ot many States, their assistance in thu execution of ttic law had been forbiddeu by 6tatute. Ono main object of thu act of 1800 was to substitute commissioners appointed under tho authority of tho Uuited States, in place of tho State ofHcials designated by the act of 1703. Other provisions of tho aniiu datory aot wore drawu with rol'eronce to tho experience of the country iu cases of t-roslamation, and , wero necessary cr at least appropriato to the execution ot tho constitutional provisien. The act was agreed to iu tho Senate upon the quustio.c of engrossment by a voto of 27 to 12, and passed the IIous finally, on the 12th day of September, 1800, by a voto of 109 to 75. Theso aro tho laws which it is now pro posed to repeal, ani tboir ropeal will leave thu constitutional right of reclamation stitutional provision in quostion, but for tho purpose of defoating it by preventing tho reclamation of fugitives at all, Tho repoalof theio laws by Congross is not to bo acooiupanicd or followed by Stato laws or Stato action, iu nid of tho master, but by mcasurci and action of an exaetly op posito character. The olaimant is to on countor opposition under porsonal liberty laws of the Statos and otlior devicoa of hostile sontimont, aud is to rcocivo no aid whatever from Stato officials in tho vindic ation of his right. What is propoicd and intended by tho advos.ites of repeal is not a new aud more appropriato roundy for a constitutional right, tho substitution of Stato for federal action, but tho defeat and virtual destruction of tho right .itself, by withholding all government aid what soever from the olaimant pursuing it. Hut tho questionof tho power of Con gress to enact fugitive laws has been most fully determined in favor of tho power by the appropriate constitutional tribunal. In tho caso of Prigg vs. Tht Common tee ilth of Pennsylvania, 10 Peter's Re ports, p. 543, tho Supromo Court docided that "Tho act of 12lh of Fcbuary, 1703, reUtivo to fugitivo.alaves ja clearly consti tutional iu all its lecding provisions, and, indeed, with tho exception of that part which confers authority upon Stato magis trates, is frco from rcaaouabls doubt or difficulty," And Judge McLnan declared in the 3aico caso that -'Congress havo leg islated on tho constitutional power, and havo directed tho modo iu which it shall bo oxecutcd. Tho net of 1703, it is ad xnitted cover tho whole ground, and that it is constitutional thero sticms to be no rea son to doubt." (Ib., 6G9.) In tlio case ot Ablcman vs. Booth, 21 Howard's Reports, p. 020, tho Supreme Court tay, speaking of the act of 1850 : "In the judgment of this court tho act of Congrcis oommonly called tho fugitive slave law, is, in all of its provisions, fully authorized by tho Constitution of the United States." These decisions would solidly establish tho doclrino already maintained by us up on tho question of poweraf authority were needed to support it. Tha Constitution having deolarcd the right of reclamation of fugitives from jus- ... " tlco (ma labor, a power is necessarily im- ijiilu 111 bliu euvuiuuivub Ul me uuuuu in , states tor ita exocutioii, it is a reasona ble and necessary power, resting upon tho express provision declaring tho right in quostion. And from tho foundation of the government the power has been exercitcd without any hostile decision, from auy tri bunal or authority untitled to pronounce couulu'ively upon it ; iu f.it't, there has boon less differenoo of opinion upon this ' subioot than upon almost any other impor tant provision of tho Constitution which ' hus been subjected to debate. j It i, truo that whilo tho maior ajority ol tho Supremo Court held, upon ono occasion that this power was exclusively in the United States tho minority held that it was a concurrent power, and might be ex ercised by the otatcs m aid cf tfcu clatm- aufs right, in tho absence of Congressional action. Hut it is cuite immaterial whioh lot'thnan viuws bo accented, so far as our prCSCUt pUrpOSO IS COncerUCll. 1.1 1110 DOW- er exist in either from in tio United States the right of Congress to pass proper laws . pursuant to it is indisputable j for, bv tho ' concluding clauso cf tho otghth scotion of tho first article of Iho Constitution. ''Con ; gr(.ss i3 authorized to make all laws which 1 shall be necessary and proper for carrying ; ,ut0 execution the foregoing powers,! those enumerated expressly,! and all othor pow .crs vested by this Constitution in tho 0V' j crnmont of the Unitod StatcB,or in any do- Ipartmont or cicer thereof." i Having uovr stated tho ctso upon the question of power, wo proceed to submit some observations upon particular points contained in the report of tho majority and nud will then state some gonoral consider ations which stantl opposed to tho ropeal of thu fugitive acts : 1. Tho majority sy, in speaking cf tbo delivery of tho fugitive, "Jt restores to tho claimant tho complete control over tho por son of tho victim, so that kc may bo Con voyod to any par of tho country where it is possiblo to hold a slavo, or tie may bo sold on the way. From these circum stances it is ovident that the prcceodicgu cannot bo regardod, in ony just cense, as preliminary or auxiliary to some tuturo formal trial, as in tho caso of-the surren der of a fugitivo from justice, but as com plote in thomsolves, final and conlusivo." Tho answer to this is furnished by tho laws themselves. Tho act of 1703, sec tion 3, says : "It shall be the duty of such judge, or niagistrato, to givo a certificate to such claimant, his agent or attorney, which shall bo Ptifhcicnt warrant lor r. from labor to the Xtuleo" Territory fromwuch he orstiejlcl,t.ons which adopted tho Constitution, and Tho aot of 1800 provides, in section 4, i yut tho majority assert that tho clauso that tho oommissionors-who hoar fugitivo cases "shall grant certificates to suoh olaiinants upon satisfactory proof being made, with authority to tako and remove such fugitives from servico or labor, under tho restrictions heroin containod, to the State or Territory from which such person may have eacuvtd or Jlcd." (Soo also section 0.) These citations constitute a euffioient ro ply, without more, to the statsmout of tho majority. That statement is obviously uu- fouuded. I'ho msioritv sav ; "It is becauso of the contompi with which, to tho shame 7. We nro not impressed by the argu of our country, under the teaoliings of sla. mont of the majority that this proceeding very, men have thu far regarded the f reeajtion, or extradition, is a soil at rights of colored persons, tbnt court! Invo ooinmon law, and therefore falling wiilutj boon willing for a moment if1 rocogniiu the constitutional provh-iou requiring a the constitutional riyht to burl it humau trial by jury. It is a proceeding by vittuc being iuto bondago without a trial by jury, Had tho viotims boon, in point of fact white, it is easy to bco that tho rule would have been different. Hut it is obvious that, under tho Constitution, tho rule must bo tho same for all, who thor black or whito," Tu whioh wo answer : that the laws aro not confined to persons of color, that is, to negroes aud mulattocs, but ombraoo, "all persons hold to service or labor under the laws of a Statu." Tho majority iu another part of their report statu that whito appren tices havo bcon returned to their masters 1 uudcr thu laws in question, and doubtloss under a just construction of litem ; and by thoso parts of thoso laws which relate to fugitives from justioe, whilo persons mer ely accused of orimo in tho Stato from which they flee aro to bo returned upon oxecutive demand, aud without trial iu tho States whero lleyaro found. 3, The majority aay : ''An it is for tho public weal that thoro should bo an ond of suits, so, by the consent of civilized uations, these must bo instituted within fixed limitations of time ; but this act, of 1800,"J exalting Elavcry abovo oven this praotioal principle of universal justice, ordains proceedings against freedom with out any refcrcnoo to lapsis of time." To this we uuswer : that the right of reclamation under the Constitution boiug 1 without limitation of time, it was not with in, tho power of Congress to apply a olauso of limitation to it. 4. Tha majority say : "Contrary to tlio declarod purposo of tho frpmers of tho Constitution, it sends tho fugitivu baek 'lit tho publio expense'". Tha allusion hero is to what oocurrcd in the constitutional convention, August 23, 1787, whon it was moved to require tugitive slaves and ser vants ''to be delivorod up like criminals :" to which Mr. Wilson objected, "booausoit it? nit I rl a U 1 1 r tltA AYftfMititrn f tn m-isitn tr do it at tho public expense'' that is, at IT uUiu iUU V&.WUHU vw uvuv Jti-sh" tuecxpenia of tho state. 1 ho lorm ot the I service- aim lanor uiu not relate to slaves, 1 ciamation laws, as now propoeeu, wouiu proposition was subsequently modified, j because thoso statesmen, as members of bo unwise, untimely, aud unjust. That and tho objection thus made by oae. mom- tho convention, would not havo assented to i tho grounds stated by tha majority ot tka ber of tho convention has norolation totho a provision which included slaves. Wo I commlttuo upon whioh to placo tlio moas ait of 1850, which imposes no cxponso contont ourselves with stating, in reply,' uro, aro insufficient, apperLre from the ex upon a State. Tho expenses are borne by that all those distinguished men woro mem-1 aminatiou to which wo havo subjected the claimant, or bv thu Unitad States. I hers of Congress in 1793, and tupimrlid . them. But further, it is clear that there 0 Tho majority further sav : "Addinir mean uo noss to this violation of the Coustitu- tton.it bribes the o iinuiissioner, by a ..... . . . uoublo leo. to pronounce against lrooilom. If he dooms a man to slavery, tho reward is ten dollars; but saving him to freedom, his dole is live dollars. ' To this stato- mo2t it may be answered : that thu pay of the commissioner is simply proportioned i Mr. Mason, to show that they ooncurrod tho t,ubstitutiou of other appropriate un to tho service perlorined, as is usual in re- in his opinion. What was said by Mr. actiuonts in their stead, would be a denial lation to all officers who receive feos. No ! Webster was in sub:tanco this, that in his of tho right Usqlf, becauso it woiild deny certificates or other papers aro to be issued j opinion it was a duty of tho Slates to do- what is uecessary to its exerciso. Thorn to claimants when fugitives aro discharged, ' livct up fugitivos; but thero was not tho , would seem to be some vaguo notion ou and theroforo tho compensation is loss. If slightest intimation by him or tho others ' turtained by the majority ilut this measure thero wero any substance iu this small ob- jectiou, tho law would bo oorrectod by Congress without hesitation, upon appli- oatioa made to it; 6. Tho majority insist oi muoh longtk, that whero words havo a double intend - mcnt, or aro ambiguous in their moauing, that construction should bo given them which is favorable to liborty, or least odi- ous. Wo do not propose to imposch the authority of tho several authors who ,nro cited in confirmation of this doctrine, or .tbodoetrino itself. But wo aro quite un- able to perceive what applic.ttiou it has to the sabject before us the construction of tho Constitution and tho fugitivo Ir.w3. Negro slaves arc persons held to service and labor uudcr the laws of somo of our States, and wo are net aware of any words Which would moro certainly dosignato them. It is truo that theso words describo apprentices; but because thoy dcscrlb.0 them it docs not follow that we are at lib erty to exclude slaves from their applica tion. Theso words, as used in the Con stitution, have no double intendment, and are nqt ambiguous. Thoy exactly describo negro ulaves, and it does not tlerogatu from their clearness, propriety, or force that thoy describe other persons also. Admit- ting that thoy aro more extensive iu moau ing than the word slaves, they Ftill con tain the signification of that lurm. Against the conclusion sought to be drawn from verbal criticisms of tho ma- l jority, stand opposed thu declarations of mosu wuo mane, ami wore coniemporaue ons with, tho making of the Constitution : tho oloar lauguago ot the fugitivo act of 1703 and of other statutos ; tho decisions of courts of tko Uuitsd States, authorized to construe the Constitution ; and tho gen eral understanding aud consent of the country, whon tho Constitution was made and subsequenjly. To whioh may bo ad ded, as we think, the clear import, the plsin meaning, of the language itself. Slaves were mentioned in tho convention in connexion with thia clause, as the ma. jority themselves ohow, snd they woro al- ' so mentioned in such connexion in conven- uocs not appiy io tuuin uecausw tust iau L'untro used does uot Millie tntlv -!ic!aro tho intention. This wo couccivu to bo a ru- markablo argument that the Constituiion is not to be taken iu tlio sense is which ii was mado and adopted, ami, iu fact, acted upon and applied by thu government, of the United States, but according to some strained and unnatural interpretation, founded upon slight-verbal criticisms made more that half a century aftsrwards ! Iu this oaso wo do not know which to admiro most, thu folly of tho proposition or tho i exuberance cf bad faith winch it implies. or a special provision of tho Constitution! of tho United States, and, instead of in volving or requiring a suit at law, is the personal atsottion of a claim by au indi vidual in his own right, Judgo MoLcau says (10 Pclors, p. (1(37) ''both the Constitution and tho act of 1793 requiro tho fugitivo from labor to bo de livered up on claim boing uudo by tho party, or his agent, to whom tho service is due. Not that a suit should be regularly instituted. The prqoccdiiig authorised by the law is summary and informal." Tho pbjectors to our legislation upou tha sub ject ot luinuvos wouiu no tuu last men in the world to admit that, in the atiscnoa ot the constitutional provision in question, a claimant could onforce his claim to. tho possession of his servant in a Stato to which thesorvant hud fled, bcoauso the oointnou law there oxistcd. 6. Tho majority mention "that, accor ding to tho census, 'less than ono thousand slavei csoapod during tho year ending Juna 1, 1800.,' Wo aro not informed as to tho accuracy of tho census upon this subject j but, assuming its correctness, we have to remark that tho number of fugi tives who may osoapo when tho fugitive acts aro in exietouoo docs not measure tuu utility of tho laws. Bcoauso tho loss was small, compared to thu wholo number of slaves in the country, it does not follow that these laws were unnecessary or iuop erative. Their value does not consist so much in returning fugitives who may o.v capo as in deterring whito men from as sistinc them to cseapo. Thorcfore.it (Iocs not follow trom wliat is stated by tuo ma-1 iority that these lavrj tlioultl be repealed , upon the ground of inutility 0. Tho majority quoto declarations of Olivor Ellsworth, Elbridgo Gerry, and lioger Sherman, hostile to slavery, and arnue thcrotrotu that tuo constitutional clauso relating to persona escaping from ...--- " - - -- Wiefusitive slave act of that year ! j 10. The majority mako thu oxtraordi- .....(.! x r mwr t . Miary statement, mas wmio iur. easier supporieu mo luguivo act oi ioou, "so 1 far a3 his personal authoiity could go ho 'condemned it as unconstitutional;" and a citation is given to support that statumeut, and citations lollow from Judge Hutler and i uatucu, mat itic oiatC3 possosscu inc px. 1 c4tt;c power to legislate upou tho sub - ject. They held that a duty was imposod i upon the States, but they did not deny tho ! power of Congress, which i3 tho point in 1 question, Mr. Butler, the chairman of tho Judiciary Committco,in a speech delivered in' the Senate on the 19th ol April, 1800, I insisted that tho powor was concurrent; 1 ond said, "iu tho position I havo taken 1 , stand sustained by Chief Justioo Taney, ' nd tho justices alluded, to, in tho Prigg ! caso, as well as by tho opinions of the distinguished gontlomau, latoly a member of this body, and now Secretary of State." ' And again, after quoting from an opinion of Judgo Taney, inaintainingHhc doctrino of j a concurrent power in the federal apd Slate governments upon this subjest, ho said, i "tuorc is tuo view oi sue omoi justice en - tuoly in uoccrdr.ucc with tho ono uttered , of repeal ! tho other day by tho gentleman Mr. Web- ; Besides, it may be well worth smo lu ster lately representing Massachusetts in quiry whether it is good policy to encour this body." An illustration of Mr. But-j ago, invite, or oven allow, tliu inigr-Hiou lor s view is furnished by the laws of Con- cf negroes northward, from those parts of cress on thu subject of returuinz fugitives i the countrv where thev are most auitablr ' j from justice. It is the duty of the States to which criminals floo to return them, but the proceeding for their return is regulated ! by not of Congress Lct it bo romcmbercd that whether tho power in question bo coneurror.t, or exist exclusively in tho Unitod States as held by a majority of the judges of tho Supreme Uourt, is ot no consequence in an investi gation into tho validity of tho fugitivo slavo laws. We mny add, that iu case of a concuircut power, so far as it is exercised by the tederal government, State action is precluded, For the laws of tho United Statos "aro the supremo law ol the land 11, Wo regret to perceive in tho ma- jority report au appeal to prejudice, in tho ted to all proper measures for disoourai; refereuce made to tho authors pf tho act of I ing and preventing his migration thither. 1550. It is said tho bill was reported to I Any polioy which leads to trie destruction tho Senate by .Mr. Butler, of South Caro-1 of a raco created by the Almighty must, Una, and tuo statement is stuctly truo liut any goo.l reanon for now stating that fact for public contemplation is uot mani fest. Sonator Butler (now dead) was iu 1800 chairman of tho Judiciary Commit- j too of tho Senate, and to that oommitteo properly btlonged tho oousideration of such u bill. 1 hat he should report it to the Senato rms both natural aud proper. Nor i doe tu? fact that tlio bill was amended upon motion ot ono of the scuators from Virgiuia (sinco bngaged in revolt,) dosorvo the prominence given.it by tho majority, His subsequent misconduct can givo Ho odious charaotor to tho enactment in ques tion, unless we accept i principle of more prejudice or antipathy as our standard cf judgmont upou this subjoct, Virginia was a border Stato of tho south ; sho sought additional securities against loss and iu jury in the escapo of her slaves ; her leg islaturo passed resolutions on tho subject, of reclamation, and it was quite appropri ate that ouc of her senators should aot u nroranient part in giving form to tlu bill. But if uu i nc.s an- to bo mcutioued, these 1 laws of 1703 and 1050 have u sanction which oau bo claimed for but few of our statutes, That of 1703 has to it tho hand of Geo, Washington, aud thoro woro given for it in Congress tho votes of Fislior Atria", iVbraham Ualdwiu, Jonathan uayton.YYiu FindlsyilliritlyaUeiry, Nathaniel Macon, Fradertck A. WuUlontjcrg, iheodorooud gwlek, and Thomas Sdmptor. Thoso nrc names from the list of yets iu tho. House. At tho same soisioti,Johti Iiaiigdon,Olivor Ellsworth, Uogcr Sherman, Hufus Kmgf Philemon Dickinson, George Head, Uob t Morris, and James Mouroc, were ruouibets of thoSeuatc. Iu favor of the act of 19fl0, thero ure priuoely names ol the second generation of our stntcsrucii meu from the east, thn west, aud the south tho very latohets of whoso shoes thssu abolition petitioner;! before us wore not worthy to unloose Vor wo wcro not then left bare aud destitua of greatness iu tho high places of power. In that hour of peril and of passion, tho republic possessed mcu of gtoat endow ments, of established reputation and trietl patriotism, who stood forward to save their country from oonvulsion, and they acom plished their purpose. Discord retired bo ore them j fanaticism, socntiog bloo't aud caruago in thu distance, was whippaal back baffled to its retreats in tho north ; southern revolt was uheoked and preven ted, aud onco moro .tho Constitution and tho laws were made to triumph over both secret and open foes. The men who ac complished all this, and at least secured to their country ten additional year of peace, aud growth and glory, gave their support to this law. It constituted onu of their moasures of udjustmcut, aud it stands open to no just objection on account of its origin. Having now conoludod our observations upon tho majority report, we hive to stato j - j - - - - j - " our couvietiou that tho repeal of tho re- are citiaens of tho Uuited States, distribu- j ted through may States, who ure entitled . i i to tlio tuit ana complete enjoyment ot a. rigtu uuuer mo constitutional provision in question. 10 tno enjoyment ol that right thuso acts cf Oougross, or other act) stai ilar to them iu purpose an 1 character, nro mdispen3ablo, and tboir repoal, without i is a blow auneu at the existinu renclltoo, ' But such is not its character. It applies ( itself to the extiugui-ihmaiit of remedies , valuable this timuouly to men who havn ( refused to engage iu revolt, aud uan havo ' no effect in the so-called Confedotatei j States, uules-t it be to inspirit rosistanea ! to our arms. Aud so far as it offends thoso who support tho government of thu 1 Uuited States in this coutsst, its effect will ; be directly injurious to tho pufclic cause, j . It was assorted by tlloso who organized , the revolt against the Uuited Stato that ' it was the inteutiou of tho northorn States, ; actiug through this govoruniuut as well as at home, to prevent ull execution of th j constitutional provisiou for returuiug fugi tives. Is it expedient that wo maku good ! this assertion, or give to it a coloring of ; tru'u, by enacting this proposed measure placed, aud subject them to collision witti ' a superior race, uudcr conditions which teud irresistibly to their corruption and i ultimate destruction. Their physioal slrus- turc aud characteristics donotc adaptation to southern latitudes, and they are mis 1 placed when, as fugitives or emigrants, they appear in tlio mirth, to undergo tho competition, contempt and hostility of superior laboring populations, uativu t i tho soil or introduced from uorthcrn Eur ope. Tho slructuro of socioty ,tlio clim ito, and the industrial pursuits of the north, are inimical to the welfare cr oven to thn nrolouc?ed existence of the necro. and tin- on his aceount our efforts should be diroo- I beforo any tribunal in which tho moral government of tha world is recognized, b described as evil and criminal, and those who support it can only avert just con demnation from themselves by showing that they act uudcr tho prcssuiu of diru ucccssity, or aro ignorant of tho conseq uences ot their conduot. Hut tho policy is bad also with refer ence to tho interests pf our own raco. It is truo that a negro element of populatiou in auy northern Statu will die out even tually will bo extinguished by tho opera tiou of uatural laws, as certain tn thus which regulate, tho winds of.huaven, or tho tides of the ocean unions accessions continue to bo mado to it by immigration. Hut duriug tho protracted process of death, it is a most injurious aud pestilen tial element to tho State. Despised, op. pressed, hated ; ostraeissd from honorable omploymoniB; hutted in tho purlieus of cities .snd tho outskirts of towus, it oou taiuiuatea tho social aud burdens tho pol itical body iuto which it is intruded, uud by which it ii to bo destroyed, And the corruption it induces, thu debasqmeut of
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