Baldwin's decision in Tompkins winds up saying the fugitive status of Jack would have been no different had he been a free indentured man versus a slave, under the US Constitution's rendition clause where his "service or labor" under the laws of a State was owed to a master. That the fact under a State law that master was his "owner" under the State laws did not change that fact, and where it might be that injustice was involved, it was the doing of the lawmakers of States whose acts tolerated slavery (and recognized it as property in man, binding upon the slave), but he found it also unjust to oppose any such injustice by unconstitutional modes.
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It might aid in understanding the decision too, by noting Baldwin's observation to the jury in the case that slavery was yet legal in the State of Pennsylvania.
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There were very few slaves there at that time, but it was only in 1850 that the State of Pennsylvania abolished it.
Reaction to Baldwin's statements in the decision varied. In the North it outraged and fanned the flames of abolitionism. In the South, some took it to heart.
Also, his decision is not necessarily written in "legalese." Baldwin himself admitted his inclination to indulge unique conceptions he admitted were "peculiar," and by some accounts was afflicted by a generally unsound disposition. Regarding his situation in the period of his Tompkins decision in the circuit court, it has been noted in 1832 that he was having some difficulties which came to a head, and afflicted him terribly the same year as his "corner stone" statements:
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In April, 1838 Baldwin was admitted to the
American Philosophical Society....
After the war, in 1865, Alexander H. Stephens downplayed his Savannah cornerstone speech of 1861 as an extemporaneous and did not admit that he was regarding legal questions or the Confederacy's organization as revolutionary; but speaking to the crowd the public sentiment of the "statesmen, philosophers and philanthropists" of the Confederacy in its component States, which they had for some years accepted and promoted as a
philosophy that was alien to the founders of the US Constitution. And the Confederate Constitution removed the concern of incompatibility and promoted the contemporary philosophical ideals of the South without altering existing laws on the subject (In 1861 the CS Government adopted all US laws to November, 1860 as statutes). From the published edition of his 1865 diary (1910, pgs. 272-274).
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So Stephens says he was just paraphrasing the prevailing philosophy, which had come to the fore over the previous decades.
For example in 1835 Governor McDuffie of South Carolina's message to his State declared slavery a cornerstone of that State's republican form of government:
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In 1837 in the US Senate, John C. Calhoun of South Carolina declared of slavery in the States that it was truly republican in nature in spite of the widely held conceptions...
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Subsequently Governor Hammond of South Carolina (1842-44), opined in a letter of 1845, which was published as a pro slavery argument in the press: contending that the Declaration of Independence was merely a philosophical statement by Thomas Jefferson (which he misquotes) based on erroneous and outdated principles (rather than the "unanimous declaration of the...United States of America")
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The above comments were widely published in the papers in 1835 to 1845; pro and con. Also paraphrased more or less in the 1850s. For example, from the speech of Virginia Representative Jeremiah Morton on the floor of the House of Representatives, February 6, 1850: he seems to reference Justice Baldwin's 1833 decision in the Tompkins case, as defining slavery the "corner stone", etc.
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From 1854, the
Richmond Whig and Advertiser, opined that approving abolition of slavery in the Territories was "revolutionary" and was a strike upon the "cornerstone of the federal compact."
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And during the secession crisis, on the floor of the Senate, by Senator Henry Wilson of the State of Massachusetts, February 21, 1861:
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So, the Southern political interest in defending the establishment of slavery in the Territories was essentially lost in the election of November, 1860. Then secession and the Southern Confederacy formed. Next compare to Stephens' cornerstone speech of March 21, 1861, which largely paraphrases the above: and regards ideals...
"Our new government is founded upon exactly the opposite idea [as the Declaration of Independence of 1776]; its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It has been so even amongst us. Many who hear me, perhaps, can recollect well, that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North, who still cling to these errors, with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics. Their conclusions are right if their premises were. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights with the white man.
So Stephens, like Hammond in 1845 suggests that the Declaration of Independence was outdated by modern science and philosophy. From Calhoun in 1837 the "positive good" of Slavery for both races, etc.
Stephens, like Calhoun, etc., admits the above ideals were foreign to the Revolutionary generation's and the South's conceptions of republican forms of government until a short time before. For example, new compared to the ideas of James Madison, where in his notes on the inefficiency of the Articles of Confederation in April, 1787, what he perceived the prevailing republican theory of government, and slavery's incompatibility with it.
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Subsequently, from Federalist paper number 43, February, 1788, beyond philosophy, Madison observes the US Constitution's advantage is the maintenance of "republican" forms of Government in the States, at the expense of "anti republican" forms of government which are attempted in the States to supplant them:
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The pro-slavery comments of McDuffie, etc. were opining that slavery was not anti-republican, and not a relic, but a corner stone of their State's "republican" system of Government; and thus defensible under the US Constitution's provision to defend republican forms of Government in the States. In his corner stone speech of 1861, Stephens claims the Southern Confederacy's new Constitution, was philosophically compatible with the "republican" philosophy of slavery advanced in recent decades in Southern States politics. In other words a philosophical "revolution" in the theory of republican government, with slavery a cognized as a contemporary and internal component rather than anterior to and exterior to it.
Before 1861, Stephens had mentioned "corner stones" before. For example in 1855, in an Augusta speech running for Congress to oppose the "Know Nothings" and their religious prejudices.
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