Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-28

R. CRAWFORD VIM HESDERsoS
HUGH O'NEAL, S. MAJOR,
j. A. LIsToN, JAMES RARIDEN.
GENTLEMEN OF THE GRAND jury:
feel it my duty ask your attention another sub
ect which you will think with me- deserves at
this moment gravest consideration Of every citizen
of the State. alude to the late of Congress, COM
monty known as the Fugitive Slave Law"
When the Constitution Of the United States SUBJ
mitted the different for adoption and ra6ca
ton, it recognized by of its painest provisions,
slaves property and although the term slave not
used in the instrument, that part Of it which provided
for the extfadtion of ugitives from labor well
understood and well considered any other part OF
the instrument 1t clear as any portion Of the
bill Of rights and received the sanction OF those States
where slavery did not exist as well of those where
it did Indeed, without such provision, the Constitu-
ton coad have been adopted; for it is well known
that at that time slavery existed in many OF the old
States where IL has since been abolished.
That Constitution still in full force, governing all
all and protecting all. In 793 Congress in pursuance
of the constitutional requisition passed Fugitive Slave
Law, defining the mode in which fugtives from labor
should be reclaimed by those whom they owed service
From that day this it has remained the law of the
land. In the time, however, many changes
have taken place in the social condition of the country
Prior to 1880 the in which the owners oil fugitive
slaves found il necessary resort to the law were CON-
paratvey few-there organized opposition to
the institutional all there little diff
Guilty in enforcing the law Since the Constitution was
adopted, State alter State has abolished slavery and it
has been gradually recedng from the North and the East
There have always been men, IN and on. of the slave
States and of high character and pure morality,
opposed to the system OF negro slavery but tins class oil
dreamed Of interfering with existing lnstitu
TONS much less of interfering with the individual rights
of the of slaves Until within the last few years.
his right his slave has been deemed sacred his
right any other species Of property; aud until very
recently it has never been claimed that there any
higher law" than the Constitution which could defeat
that right
Without tracing the progress of anti-slavery sent
rs uD O
causes, which, in my Judgment, have given party
character what otherwise would have been harmless
opinions close eyes the fact, that at
this passing through the severest ordeal
which the Constitution has ever been subjected. Evil
passions have been let loose, and madness, IN
sections of the country, rule the hour
The continual agitation OF the subject for the last few
years has had tendency encourage the slave to flee
from his MASTER hoping for protection from that class IN
the free States whose sympahes have been strongly
expressed in his favor While Indiana has by Statute
aided the MASTER obstacles have been nterposed by
OF the other States the recovery OF lugves and this
has led very rapidly, may have been supposed, to
sectional irritation. The difficulties have been and
more complicated by the extension OF our territory there
by creating the necessity for States and Terri
torres until at last they have an so
threatening to the integrity oil tho Unon as 10 lead 10
the passage by Congress its last session OF series
of measures intended adjustment of ali conrover
sizes. OF these measures the Fugitive Slave Law is
one This law provides additional facilities for the
in the recovery of his slave, and imposes some
additional penalties those who aid in defeating his re-
covery. This is al-ihe rights OF the fugitive sub
stanay the they under the old act of 1893
and vet the passage of this law, for which there
ed be sort Of necessity. has been made the theme Of
violent denunciaon by public meetings. and threats OF
resistance whenever IL attempted be executed By
the provisions of the late act the duty oil aiding the
master to his property chiefly devolved on the
of the United States and other officers connected
with them. Ii is the duty OF this court where there is
necessity for it. to appoint commissioners, who are
charged with the performance Of certain duties in aid of
the master but in all this the rights OF the fugitive are
clearly protected they under the act of 1893
The 18th section of the act imposes penalty of fine
and Imprisonment upon all who attempt to hinder the
rest Of fugitiye-to aid him in escaping from custody
who hafbor conceal him. 1t will be your duty to
INQUIRE whether anv one within this District render
ed himself liable under this section. If there be any
such person or persons, you will present them to tins
But NAV be well to evamne little further into the
consequences which may result from the resistance OF
this law.
In a very early period of the Govcrnment-only five
years after the Constitution was adopted-Con-
gress passed imposing certain duties all liquors
distilled in the United States. 1t thought by por
ton Of the people of Virginia, Maryland, and Pennsy
vana, where there extensive dstilerles OF rum
and whiskey, TO be very oppressive In Pennsylvania
open resistance to the law made Public meetings
were held, infammatory resolutions adopted denounc-
ing the law and all who attempted execute it. The
collector Of the duties appointed by the United States
threatened-hs house and his papers burned
the United States Marshal compelled 10 deliver mp his
pro his dutes-he of the United
States and Of the State, unable to make head
against the spirit powerless Ii
last be question between the powers of the
Government and mob. Under these circumstances, it
certified by Justice of the Supreme Court to the
President that the laws of the United States OPP
posed-at their execution obstructed by combina
tons too powerful to be suppressed by the ordinary
OF judicial proceedings, by the process vested
IN the Marshal Every effort had been made by appeal
and remonstrance; but inamed by artu and unscrupu
lous leaders, the standard Of rebellion was hoisted
There alternative but to suffer the law to be
trodden down by mob, enforced with the sword.
Gen. Washington, then the head of the Government
did not hesitate send military force TO the theatre OF
ilsurrection. He army, and those who had de-
fed the civil power, Yielded Order was restored-the
courts Of justice resumed their nnctions-he law
executed, and from that period until 1905, when it
repealed the officers of the government charged with
the collection Of duties performed their duties without
further popular Interruption
In the time. the leaders Of the nsurrecton
arrested indicted for treason, and many Of them con-
vcted and but for the cemency OF the Presidents would
have met the fate Of traitors have referred to this
will be used put down resistance TO the law, and
in the second place those If such there be in
Indiana. disposed to the power OF the Government
Of some of the consequences Of such resistance. Or
dnariIy the resisting the execution of legal process
by by persons is high misdcmeanor and
severely punshed but when bodies OF men meet togeth
upon common intent, and resolve TO resist the exc
cution Of common law, and by violence and intlmida
ton do actually accomplish their object the offence is far
different. In the referred TO in Pennsylvania, the
Court after full argument ruled that sthe by
body Of by intimidation prevent the execution of
an act Of Congress, evyng within the meaning
Of the Constitution, and therefore treason. The
English rule is perhaps still more stngent,-the raising
body Of mer to obtain by intimidation the repeal Of
law oppose and prevent, by terror, its execution
is levying war against the Government And, gentle
men, what be subyersive OF public liberty than
proceedings Of this character. They attack the very