The Rutland herald. [volume] (Rutland, Vt.) 1850-1852, 1850-10-31
FUGlTIN l. SLAVE LAWS
JUDGE MCLEAN'S OPINION

~ W. - nNiLFN ~ - VI iNi'.N.
For the bcncii, Of all, and cspcci |
llly Of those who are disposed to lis,
ten to interested agi,ators on the ,
slavery question, We copy below from
m o;inion Of Judge Mclean, of Ohio |
Of the [. 5. Supreme Court. The !
opinion was given in sui, brought by
a citizen Of Kentucky for damages
for harbor'ng aud concealing runaway
slaves. No one will .impoa oach the
Free Soilism Of Hon. JoHN MCLEAN,
We think, and We commend Ills opin.
ion, as applicable TO the duty of all
law-abllins as we'll as libcrty-loving
citizens OF the Union. Judge Ne.
Lean said = Windsor Journal.
"No earthly power has right to
interposc between mans conscience
and his Maker. lie has a right, All
inalienahle and absolute right to wor-
sup God according 20 the dictates Of
lis own conscience. For this he aoue
must answer, and he is entirely free
from all human restraint to thinl; and
act for himself. But this is not the
case when his acts effect the rights
of others. Society las a claim upon
oil its citizens. General rules have
been adopted, in the form Of laws for
the protection Of the rights Of persons
and things These lie at the iounla-
ton Of the social compact, and their
observance is esscn,ia! to the main.
tcnaucc Of civilization. In these
matters, the law, and not conscience
constitutes the rule of action. You
are sworn to decide this case acco. =
ding to the law and the testimony.
And you. become unfaithful to the
solemn injuncillons you have taken
upon yourselves when you yield to an
influence which you call conscience,
that places you above the law and
the testimony. Such rule can ap'
ply only y to individuals {; and when a..
sumed as basis of action on the
rights OF others, it is utterly des,ruc
tive Of all law. What may be deem
ed conscientious act by one indivi
dual, may be held criminal by anoth
er. In view Of one, the act is mcri
torious in view OF the other, it shoull
be punished as crime.
And each has the same right, actin4
under the dictates OF his conscience
To carry out his own. This woul,
overturn the basis OF society. W.
must stand by the law. We have
sworn to maintain it. 1t is eXpectel
that the citizens Of the free State
! should be opposed to slavery. Blu
with the abstract principles Of slave
ry We have nothing TO do. As
political question there could be n
difference Of opinion among Us on tn
subject. But our duty is found il
the constitution Of the Union, as co,
strued by the Supreme Court. III
iloitives from labor We are bound b.
tie highest obligations, to deliver u
on clam Of the master being made
and there i: no State power whlc
can release the slave from the leg,
custody of his master. The chic
Glory and excellence Of our instii'
lions consist III the supremacy Of I'll
laws. We are instructed 10 revei
ence and obey them from our Garlic,
r years. And it Is tbs, connected vii
: faithful admini. ra.ion Of the law
, which has given security 10 lcrson
and property, throughout the ~iJ
extent Of coun.ry. In this coi.sis
in a great degree, the strength {
government. AMI we should /
, careful no, 10 weaken is power. TheE
is enough liz the general aSicct 4
our aaairs if not D alarm, at lcas.
!. ailnon.sb, US tia. every cord whic
t binds US together shouil be strenat
. cned.
Ia regard 10 The arrest oi iuei,y'
4 from labor, the law does not iln.o'
j active duties on our citizens genera
! ly. They are no, prohibited fro
= exercising the ordinary charities
!, lie towards the fugitive. 10 secrc
. him or convey him fgom the reach
!. hi. master, or 10 rescue hlu when
5 lesa! cosIoIy is forbidden and {
g doing this liability is incurred.
4, This ..yes 70 40 one just ground
= complaint. lie is only u rcfrA
p from all express violation Of the la
o which operates 10 the injury Of !
e. neishtor. i this hardship: ,
' Law abiding man can 50 consider
- lie canno, claim righ. 70 do Il
T. which the iaw fortids, without s;riki
/. at the base Of society. If the l.
a be unwise or i,nPoits, lie, is be char
n. ed in the mode prescribed; tu.