The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-11-06
M HJJBERNATORIAL HONESTY
VI AboIisionis's and lheis friends ssem 70
entersain somewhat partial md inconsistent no

compact. Under that clause oil the Cunstitu-
ton which prohibits Congress from passing any
law impairing 'sthe right Of The People peacea-
bly, to assemble and petition the Government for
redress Of grievances they conceive that
they have right 10 beseige one branch of the
Government with endless petitions, to the seri-
Gus interruption, or, if they should so please,
total destruction. of its proper functions; and
until, by subiecting it to sort of duress, they
succeeded in txtorting compliance with de-
mands which could not constitutionallY be ac-
coded 10. They pretend 10 believe that the fra
mers of the Constitution have luckily for them,
but most unwiitingly inserted a clause 10 that in
strument which exposes other carefully consider
ed provisions, aud, in fact the whole instrument,
10 be assailed with impunity. The clause in
question might, indeed, be perverted 10 the &C
complishmenI of any other purpose, as well as
of their designs on slavery and, II the INFER
probation conteuded for were admitted we
might in course of time, witness in Congress
scenes similar 10 those which took place in the
French National Assembly during he Reign Of
Terror, when the people Of Paris insisted on
taking part in the deliberations of that body and
terrified il into submission. Some Abolitionist,
perhaps, more bold or fanatcal than the rest,
might claim the right TO petition orally as well
as 10 writing; and insist on haranguing Con
gress, day after day, on the sin Of slavery.
On the other hand, those provisions of the
Constitution which were most expressly intend
ed and most cautiously worded for the purpose
Of protecting the peculiar interests of the
South-about the meaning and spirit Of which
no earthly doubt can exist-without which the
Constitution and our Union would never have
existed, and which, therefore, are its most i'm
portant provlsons-are regarded as imposing no
obligation beyond the mere letter of them. tits
openly proclaimed by Governor of State,
that they shall be construed like ShyIock's bond !:
so, to use his own words, las not TO give one
scluple more of living flesh than the bond re-
qures;" and State Legislature is recommend
ed to tax its ingenuity in order TO discover means
of evasion.
The second section of the fourth article OF the
Constitution, having in view fugitive slaves,
says" No person held TO service or labor in
one State, under the laws thereof escaping into
another, shall, in consequence of any law or
regulation therein, be discharged from such SER
vice or labor"
If the clause had finished here, it would have
been amply sufficient for the purpose in view, if
honestly obeyed according TO its spirit; but ii
goes further, and peremptory provides that
such person shall not only not be discharged
AZ but shall be delivered up on claim of the par
ty TO whom such service or labor may be due"
II enjons not only passive but an active duty.
The view which the new Governor of Yer
mont, his Excellency John Mattocks, takes of
the obligation imposed by this section of the
Constitution, is such, we think, as the framers
of that instrument could hardly have dreamed
would occur to any man Of sufficient moral or
intellectual capacity to be elected Governor Of
State. One third, or more, Of his recent Mes
sage, is occupied with the subject of slavery in
our Southern States. After deploring the exis-
tence Of slavery, in the usual exaggerated and
fanalical phrases, he says; "a State may not
infringe the compact as it exists on the subject
of slavery any more than other parts of The Con-
stituiion. We hare all slcorn 10 support that
instrument; and to attempt TO Grade or repeal
the oath, by casuisticaI sophistry as 10 its
binding force would be neither just nor wise"
One would suppose, that this express reference
to the solemnity Of an oath, and particular eau
ton against sophistical evasion, would be
natural aad proper prelude to the recommenda-
ton Of some measures for fulfilling, according
TO its spirit, the clause which we have quoted.
They would seem TO indicate a returning sense
of duty 10 the South, and patriotic wish in
Governor Mattocks to do bis utmost TO quiet the
apprehcnsions of his fellow-ciuzens in that sec
ton Of the country. But, bis Excellency, though
vermonter, SIS not quite SO green"-as he
would probably term any volunteer 10 the path
of honesty His intentions are just the reverse
and he, in facr, gives the Legislature to under
stand that he has been studying the subject for
the very purpose of discovering some "casusti-
cal sophistry" by which they may all encourage
themselves in an "atlempt to evade or re-
neal the oath" Of which he 50 solemnly admon
isbed them. After discussing what he calls
atbe uuhappv decision" of The Supreme Cour
Of the United States made in January, 1912, in
the case of Prigg rs. the State Of Pennsylvania,
he deliberately offers the following recommeu-
dations TO the Legislature, as the most ingeni-
Gus means that he can devise for evadng both
that decision and the Constitution
al therefore recommend to the legislature 10 pass
a law prohibiting magistrates, acting under the
authority Of this state, from taking eognirance Of