The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-18
H E RE PU BLIC.
WASHIN GTON:
MONDAY MORNING, NOVEMBER 10, 1850
NIRssachusetts.

opinion as 10 the ConStltutlonallty OF the Fugl-
tive Slave Law. Mr. Curtis has delivered an
elaborate opinion which is published in the
Boston Courier of Saturday. The grounds of
objection which Mr.. CURTIS considers are the
following
lst. That it is an eX-post facto law.
I'd. That it is not in accordance with the 4th
article of the amendments of the Constitution.
Sd. That it is in conflict with the 18th art-
Gle of the amendments of the Constitution.
18th. That it contravenes the LIST section of
the Sd article of the Constitution.
9Th. That it suspends the writ of habeas
corpus contrary to the I'd paragraph of the 9th
section of the LIST article.
The first four Of these objections Mr.. CUR
IT'S discusses at considerable length and with
great ability. The last he disposes of by re-
ference TO the opinion of Mr.. Attorney General
CRITrENDEN, with whom he concurs. There
is no point upon which Mr.. CURTIS expresses or
entertains any doubt. We shall lay the whole
opinion, which is very able and conclusive, be-
fore our readers at an early day. We appre-
bend that there are few citizens of Massachu-
sets who will not be disposed to give prefe-
renee TO the conclusions on this subject of so
eminent jurist as Mr.. CURTIS over those of the
convocations of ecclesiastics and aboitionists
who have undertaken to enlighten the world
with their Opinions" on the constituionality
of the Fugitive Slave Law!
A contest is going on in the WING papers of
Boston in regard to the causes of the late de-
feat of the WING party in Massachusetts. The
Atlas says:
"we have been whipped this year because ma
'jority of our people have been made to believe
that the Wing party has been false to the great
question of human freedom; and they have had
some reason to believe And if the came course
lie pursued by the Wing party, il means are not
taken to disavow all such desire, and TO plant
selves upon the old and ever honored platform OF
freedom, we shall not only fail next fall of re-
gaining power in Massachusetts, but we shall
sink into -tiI smaller minority. wo cay the
Wings of Massachusetts. and particularly to the
Wings of our own good city, that these things
must be looked.pump in the face
1--WE give it az our opinion, that in order to re.
gain lost power, and bring Massachusetts
back again into the Wing ranks, all that is nc
cessary for the Wing party is to stand by its old
principles and the old iEsues. They are as true
and az potent as they ever were"
The .4drertiser says that the policy advised
by the Alias is directly the opposite of that
which ii has felt it its duty to pursue, and
which it recommends as the basis Of all future
efforts; for son such basis alone can party
be sustained rhich processes to support the Con
stitution, and seeks to preserve the union of the
States" With regard 10 the sold issues" of
Massachusetts,, the Advertiser cites the follow
a specimen:
"sEc. /. No judge of any court Of record of
this Commonwealth and no justice of the peace
shall hereafter take oognizancc or grant n certif
cate in cases that may arise under the third sec
ton Of an act Of Congress, passed February IL,
1893, and entitled, An act respecting fugitives
from justice and persons escaping from the service
Of their MASTERS, TO any person who claims any
other person as fugitive slave within the urisdic-
zion of the Common wealth
SIC 2. No sheriff. deputy sheriff. coroner con.
stable, Jailer, or other officer of this Common
wealth, shall hereafter arrest detain, or aid in
the arrest or detention, or imprisonment in any
Jail or other building belonging to this Common
wealth. or TO any county, city, or town thereof of
any person for the reason that he il claimed a
fugitive slave.
"SEc. 3. Any justice Of the peace, sheriff. deputy
sheriff, coroner, constable, jailer, who shah Of
fend against the provisions OF this law, by in any
way acting, directly indirectly, under the power
conferred by the third section Of the act Of Con
gress, aforementioned, shall forfeit sum not en-
cceding one thousand dollars, for every such Of
fence to the of the county where said offence s
committed, shall be subject 10 imprisonment,
not exceeding one year, in the county jail-Ap
proceed by The Govonor, MARCUS MoRros, March
2fh, loi3."
4 law, copied verbatim from the above, has
been passed by the Legislature of Rhode island
and similar law had been previously passed
by the Legislature of Pennsylvania. 1t was
the existence Of laws Of this description, passed
70 furnish the means Of evading the act of 1893,
for carrying into effect the constitutional pro-
vision for the surrender of fugitivos from labor.
'chich alone created the necessity ofhe Fugitipe
Stare Lao Of the last session. The .qdrertisey
intimates that if by "old issues" Is intended
that the Wines will stand by the law Of ls43.
and will not stand by the Fugitive Slave Law
Of the last session, which was enacted for the
sole purpose Of providing the means for exc
cutting the law Of 1893, which had been rem
dered incapable Of being executed, in conse-
quence Of the law Of lS43, it differs entirely
from the Atlas in its views ofthe policy Of adopt
ing any such issues, and dissents entirely from
any proposal to unite with those who are at
tempting to '"shake OFF, the Fugitive Slave
Law 'either by resisting its execution or at
tempting TO procure its repeal by political
agitation"
The latest summing up gives the following
result Of the State election in Massachusetts
In the Senate the Wings have eleven mem
bers, the Opposition twenty four, and there re-
main five vacancies. There is, however,
doubt about the election Of two of the coali-
ton candidates from Bristol county. In the
House the Wings have one hundred and sixty
nine members, the Opposition one hundred and
seventy eight, and there remain seventy-nine
vacancies. The elections to fill these vacan-