The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
The opinions given by the courts in the cases under consideration
failed to support the idea of the irreconcilability existing between
the law of 1793 and the Ordinance. The Supreme Court of Ohio
declared that under the federal Constitution the right of recaption
of fugitive slaves was secured to the new states to the same extent
that it belonged to the original states.[775] The Circuit Court of
the United States took virtually the same stand by pointing out
that a state carved from the Northwest Territory assumed the same
constitutional obligations by entering the Union that the original
thirteen states had earlier assumed, and that where a conflict
occurred the Constitution was paramount to the Ordinance.[776]
Finally, the Supreme Court at Washington declared that the clause
in the Ordinance prohibiting slavery applied only to people living
within the borders of the Northwest Territory, and that it did not
impair the rights of those living in states outside of this domain.
Wheresoever the Ordinance existed the states preserved their own
laws, as well as the Ordinance, by forbidding slavery; the provision
of the Constitution and the act of Congress looking toward the
delivery of fugitive slaves did not interfere with the laws of the
free states as to their own subjects. The court therefore held that
there was no repugnance between the act and the Ordinance.[777]
[775] 2 _Western Law Journal_, 288.
[776] 3 _McLean's Reports_, 532; 3 _Western Law Journal_, 65.
[777] 5 _Howard's Reports_, 230, 231.
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