The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-03

secures this privilege to him. have already stated
the reasons why suppose that party seized under
this law cannot enforce his being taken to any par
ticulaT place, and why think he should have jury
trial at the place where he is seized But let US look
al the case OF Smms, to what the jury trial that
the laws Of Georgia give to him. BY the laws Of
Georgia, p SOP, al negroes, Indians, mulsttoes, or
mustizoes, and all their issue and offspring, born or
to be born, who now are, or hereafter shall be, IN
the State, shall be, and they are hereby declared
to be and remain forever, absolute slaves, except,
that person, on behalf of such negro, Indian, mu-
latto, or mustizo, may petition to be appointed
guardian for such person, and Us guardian Is enti.
tied to bring action of trespass in the nature of
"ravishment of ward, against any person who has
the negro, Indian, Sc, in his possession. This is
the only mode in which, by the laws Of Georgia, q
question of freedom can be tried without the inter
vention Of white man. who will make complaint,
on oath, that person Is held as slave, and give
security in double the vsse of the slave, and assume
other liabilities. 1t is, therefore, doubtless the
only mode in which the question, pracsoaly is ever
tried Now, what is the law Of Georga in this
such action, the burthen Of proof shall lie on the
plaintiff, and it shall alwaysbe presumed that every
negro, Indian, muato, or mustiro is slave, unless
the contrary can be made to appear" Take the
case, then, of an Indian transported to Georgia un-
der this act. He must procure a guardian, and
overcome the legal presumption by proof, he will
be defeated, and condemned to bondage. II he
is so defeated, the law Of Georgia provides,
(page s02, section % Z" in case judgment shall be
given for the defendant, the said court is here
by fully empowered to inhict such corporal pun
ishment, not extending to life or limb, on
the ward of the plaintiff (the alleged slave, }
as they, in their discretion, shall think fit"
The result, then, is, that if the party seized is
unable to transport his witnesses to the place
where he has transported himself, or if, for any
other reason he fail in proving his freedom he is
rewarded for his failure by Imprisonment or lashes,
any other corporal punishment, short of MAIN
ing and killing; nay, more: if . person without
his consent assumes to institute proceedings, the
hazards of which he would be unwilling himself to
encounter, the failure draws down the same punish
ment upon his head. This, it seems to me, is not
the jury trial Of the constitution; nor am one Of
those who believe it is necessary to overturn all
our settled notions as to law and legal proceedings
to secure the recapture Of few unhappy fugitiyes
from bondage. But pass from this Fugitive Slave
act, with the simple remark that, in my Judgment,
it should be absolutely and Internationally re-
pealed. Congress have no power to legislate upon
the subject, and the States would and should pass
AL laws that may be necessary to carry the pro-
visions Of the constitution Of the United States,
respecting fugtves from service into full and fair
effect. Having thus considered the present aspects
of the slavery question: let US briefly consult us to
the present duties of the friends Of freedom. In
my judgment, they ought to unite in uncompro-
missing hostility to the present national admins
tration. The action Of the head Of that admins
tration has been adverse to them when they had
every right to count upon his friendship. Mr..
Fillmore, by bis public pledges, by the acts Of his
past life, by his well understood principles and
feelings, was committed to the cause of freedom.
Reared in Western New York, borne upward by
those whose sympathies are all for liberty, he is
selected as the wing candidate for Vice Presi-
dent, to secure their sufrages. He came into the
Office Of President by the death of General Taylor.
lie had it in his power to put an end to the entire
lected the manner Of his elevaion if he had borne
in mind that he was called to discharge this high
trust at this critical moment, by the nterpostion u
Providence, and had firmly and calmly said to the
Shareholder, " You shall have your full constitu.
tional rights, and nothing more; you must obey
the law; you must cease these reasonable efforts
to dissolve the Union, he might have fulfilled the
duties of his mission with honor to himself and
with signal advantage to the country. He would
have called around him the friends Of the Union,
without regard to party, aud have extinguished
for ever all thoughts Of its dissolution; but he
chose to take the opposite course, to turn his back
upon the friends who had elevated him, to falsify
the professions of his past life, to throw himself
into the arms Of those who are prostituting the
government to the extension Of slavery, and to set
the seal Of his appreciation to law which, in my
humble judgment, no civilized government ON
earth, except our own would now enact. lie hs,
called to the head Of his administration the most
apostatc from the cause Of freedom.
1t pleases Mr. Webster to represen; himself rs q
martyr to his devotion to freedom. lie speaks OF
the calumny and persecution which he endures, Of
the privaton to which he i subjected, the flames
that might be cracking TO some stake TO which he
might be tied, and of the penalties he is under
going. Such is no. my observation Of the treat
ment he receives Foted, fsttered and ;arressed
by the wealthy, public entertainments continually
extended 10 him, the patronage Of the government
al bis command, official aud professional eInoIu-
mcnts surrounding him, the earth black with news
papers describing his virtues, aud the air vocal
with the shouts Of interested par.sans sounding his
rraisss-al this sc ems TO little like martyr
dom as he is like my idea of q monk. CLaughter)
But agree, if his ambition is to be President Of
the Jnitei States, there is beox or above all this
superficial demonstration, a deep settled public
sentiment, which places him at hopeless distance
from that object of general pursuit Even the
southern politicians, who are so industrious ani so
in warping the opinions and the action of
northern men, would citechze him uupleasantly
II be solcte their suffrBges. To be strong at the
south, northern politician must be strong Mt homo.
They would ask him" Sir, can you carry Msssa-
chusetts? II whig member Of Congress in that
state assails you, and the convention throw him
dare the people elect him! II q de-
feated whg candidate for Congress IN the strongest
whig district OF Massachusetts, prefers charges Of
corruption against you can be return to his con,
sLtuents and be elected second trial! Will
they let You speak in Faneuil HALF Does the
state Of Massachusetts, send 70 the Senate Vt the
L nited states Charles sumner, rice Daniel Web
sterT tCheers) An If he answers these inter.
rogatories in conformity to the truth, they will
notify him that his further services will not be
needs d. Qmmeose cheering) And on what
supporter Of the present national administra-
ton can the opponents OF slavery extension
rey7 IL il Mr.. seward Of our state The state
of New York since the question first arose. has
spoken In toncs Of the most indignant remembrance
gains; the aggressions Of the slave power. WHY'S
she now dumb ! A bill introduced by Mr.. Gotta,
intended 20 protect the free inhabitants Of New
ork against he abuses Of the Fugitive slave Law
a wise. Just. constitutional bl-has lain upon the
table Of the House since the first week Of the session
Why does il not become law Tn, Legislature
of hat State. in both brsnoh.s, j. controlled BY
h supporters Of Mr.. Seward. word from him
> )uld reverse the retresting movement which nov
li.honors her. Why is II not spoken Why docs
be not denounce the action OF the President On
hi subjectF WHY do the p-csU- friendly to him
sem with culoEiuu.s upon the Secretary Of state
WIS d,es be sit silently in his seat an entire
sion = Congress, without movement TO
J. nCut rerca the atfOcIoui Fugitive slave actl
( he aIiugut o. office iBdspen able t. the su6ss.-
! G. OF ~ ps.ti.ans ? And must ne Ice quietly N
he lrcrdential lap, silently sucking the patronage
- ~ ali.