The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-14
TEE UsIoH rErLue u rzE eovyrRY.


gttive Slave Law.
The following Is portion OF the charge of the
Hon Elisha M. Huntington, OF the United States
District Court, for the district OF Indiana, to the
Jury at late session Of the court in that State t.
feel il my duty 10 ask your attention to another
subjsct, which | am sure you will think, with me,
deserves, 81 this moment, the gravest considers
lion Of every CITIZEN Of the State ! allude to the
late act of Congress. commonly known as the
Fugitive Slave law"
When the Constitution of the United States was
srpmt,ed TO the different States for adoption and
rautestion, it recognized, by Que OF is plainest
provisions slaves, as properly and, although the
term slave was not used In the instrument, that
part OF il which provided for the extradiion of fa
gitives from labor was as well understood and we'll
considered any other part OF the instrument. IL
clear any portion OF the bill OF rights, and
received the sanction Of those States where slavery
did not exist, as well as OF those where il did.
Indeed, without such PROVISION the Constitution
could not have been adopted for il is well known
that at that time slavery existed in many of the
old States, where il has since been abolished.
The same Constitution is still IN force, govern
ing ali and protecting all. In l793, Congress, ia
pursuance Of the constitutional requisiton, passed
Fugitive Slave law, defining the mode in which
fugitives from labor should be reclaimed BY those
TO whom they owed service From that day to
this, thas remained the law OF the land. la the
mean time, however, many changes have taken
pl. in the social condition OF the country. Prior
to 1880, the cases in which the owners of fugitive
slaves found il necessary to resort to the law were
comparatively few-thefe was organized opposi-
ton to the institutional all events, there was lit
tie or no difficulty in enforcing the law. Since the
Constitution was adopted, State after Stale has
abolished slavery. and it has been gradually re-
cedng from the North and the East, until IL is now
confined merely to the planting States. There
have always been men, in and out OF the slave
States, and men OF high character and pure morali-
~, opposed to the system of negro slavery; but
this class OF men never dreamed OF interfering with
existing institutions, much less OF interfering with
the individual rights of the owner of slaves Until
..~ht H.
been deemed as sacred as his right TO any other
species OF properly and, until very recently, II has
never been claimed that there was any "hgher
law" than the Constitution, which could defeat
that right.
Without tracing the progress of anti-savery SEN
tment in this country up to this time, or referring
TO the causes which, in my judgment, have given
a party character TO what otherwise would nave
bt en harmless opinions, we cannot close our eyes
TO the fact that at this moment we are passing
through the feverest ordeal to which the consttu-
ton has ever been subjected. Evil passions seem
to have been let loose, and madness, In some sec
tons of the country, seems to rule the hour. The
continual agitation of the subject for the last few
years has had tendency to encourage the slave to
flee from his master, hoping for protection from
that class in the free States whose sympathie have
been strongly expressed in his favor. While
Indiana he's by statute aided the master, obstacles
have been interposed by some Of the other States
to the recovery of fugitives; and this has led very
rapidly, may have been supposed, TO sectional ir-
ritation. The difficulties have been more and more
complicated by the extension OF our territory there
by creating the necessity for new States and new
territories, until at last they have assumed an i'm
portance 20 threatening TO the integrity OF the
Union, as 10 lead TO the passage by Congress- at its
last session, OF series OF measures intended as an
adjustment of all controversies. Ofthese measures,
" The Fugitive Slave law" is one. This law pro-
ydes some additional fachhes for the master IN
the recovery of his slave, and imposes some ad-
donal penalties on those who aid in defeating his
recovery. THIS is all-the rights of the fugitive
are substantially the same they were under the
old act of 1873 ; and yet the passage of this law,
for which there seemed TO be a sort of necessity,
has been made the theme of violent denunciation
by public meetings, and threats of resistance when
ever il is attempted to be executed. by the pro-
visions Of the late act the duty of aiding the master
10 recover his property is chiefly devolved on the
nected with them. Ii is the duty of this court,
where there is essity for it, to appoint commits
sioners, who are charged with the performance OF
certain duties in aid OF the master but in all this.
the rghts Of the fugitive clearly protected as
they are under the act of 1873. The 9TH section
OF the act imposes penalty of fine and imprison.
ment upon all who attempt TO hinder the arrest Of
or Who hsISor or conceal hmm Il Wifi Be- your
duty TO inquire whether any one within this dis
trict has endered himself liable under this octon
II there be any such person or persons, you will
present them TO this court for trial.
But il may be well to examine a little further
into the consequences which may result from the
In a very early period Of the govern nent-only
five or six years after the constitution was adopted
-Congrt as passed an act imposing certain duties
all liquors distilled in the United States. Ii was
thought by portion Of the people Of Virginia,
Maryland, and Pennsylvania, where there were
extensive dsti]leries OF rum and whiskey, TO be
very oppressive. In Pennsyl vania, open resistance
10 the law was made. Public meetings were held,
and inilammatory resolutions adopted, denouncins
II law, and all who attempted to execute IL. The
collector of the duties, appointed by the United
States, was threatcned-his house and his papers
h,srp hal Tntfe Shalx
PEELED TO deliver up his process, and abandon his
duties-the courts OF the United States, and OF the
State, were unable TO make head against the spirit
Of resistance-they were powerless. II at last
came TO be question between the powers OF
the government and a mob. Under these circum-
stences, il was certified by justice of the Supreme
Court to the President, that the laws OF the United
States were opposed-that their xesution was OBJ
siructed by combinations too powerful 10 be sup
pressed by the ordinary course OF judicial proceed
ncs, or by the process vested IN The MARSHAL
Every effort had been made by appeal and re- mon
STRANGE; but, inilamed by arttul and interruptions
leaders, the standard Of rebellion was hoisted.
There was no alternative but to suffer the law TO
be lTodden down BY mob, or enforced with the
sword. General Washington, then at the head OF
The government. did not hesitate to send military
force TO the theatre of insurrection. He sent an
amy, end those who had deied the civil power
yielded. Order was restored-the courts OF justice
resumed her tunctionS-the law was executed,
nj a from that period until 1906, when il was re-
peHlfd, the officers Of the government charged
wHh the cole ciion Of duties, performed their duties
without further popular interruption
Ia the mean time, the leaders OF the insuuecton
were ARE sted, indicted for treason, and many OF
them convicted, add but for the clemcncy OF the
President would have met the fate OF traitors
have referred 10 this scrap Of history 10 show, hrsf,
that, a Necessary, force will be used To put down
resistance 10 the law, and an the second place to
warn tbote. n such there be in lnoiana, disposed
to test the power OF the government, ct some OF
the consequences Of such resistance Ordinarily,
the resisting the execution Of legal process by one
or Ivy more persons Is high miedemeanor, and
severely punished; but when bodies OF men meet
t,gtther uIon a common intent, and resolve to re
sist the execution 81 a common law, and BY vio-
ence and Intimidation do actually accomplish their
OBI, Ct, the offence lie far different In the cases
feIerred in Penusy lvania, the court, after full
argument, ruled that Z" the attempt by body OF
men by intimidation 10 prevent the execution OF
an act ~ Congress was leying war within the
meaning Of the constitution, add was therefore
treason" The English rule is perhaps still mere
.a..u. .u..A. L.. -. ~. IN