New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-14

i1g under the tenth section, and they certainty
Uould not dare - allow il, on the question OF es
cane or service due % overthrow record whl'n
the statute makes fall and conclusive evidence
eeaipst the person seized, as 10 BOTH Il VIII De
obss,ve6 tbst a party is thus cOnfe nned IN MS
,b.zDce. without notice or a hearing ana re
oord n his condemn alton made, which ls conciu
&c against him when he does appear. Monstrous
as this consequence is It IS the natural resat o.
placing the claim Of service upon tue sane lOoI'
Ing with the extradttion oil crnlnsls IL Goes
not REQUIRE A knowledge OF law, 70 be advised
that such proceeding es this strikes At the ioun
3ation Of Justice, and tramples upon the elemen'
tsrv PRINCIPLES OF jurisprudence without the
nrelimipAry steps which IN any civilized country
have been held necessary 20 acquire jurisdiction
either Of the person or thing proceeded against,
an ex parte record is made, which ID fall and con-
elusive, TO condemn & human being 70 bondage
which NAV be perpetual If such record vas IN
troduced in any court where Judicial proceedings
have semblance Of justice 70 establish the righ. 70
an animal not absolutely feT6 n0tur6 II would be
secuted from the court with rldlcule and contempt
But Congress have made It conclusive proof Of
the slavery Of fellow creature. II a saltor OF
one Of our Northern ladies should claim their ear
rings or breast pins with such record, be would
fail; bat If he demands their persons, the record
is conclusive. II is needless to add, that think
this section intrepdy dehes the provision Of TIE
United States Constitution, which ares that
no person shall be deprived Of life, liberty or pro
perty, without due process OF law
But we are told we must not discuss these SUB
iects Those who are daily writing, speaking,
meeting, dancing and dining, to pat down asisa
ton, admonish IS TO be silent. We are tod mat
Congress have adopted system OF compromise
measures on the subject Of Slavery which must
not be disturbed. Ny recollection Of the occ1r
rences referred TO is different from this. think
as a system, they failed the bill which embodied
them as q compromise was defeated the onnl
bus was upset Even the most distinguished
men who advocated them in a lump took no part
in their final passage. 1t was no. until the dis
tiuguished Chairman Of the Com nittee Of Thir
teen retired from an eight months campaign In
the Senate, which he lost, to relnylgorate nls sys-
tenn il The waters OF Newport and his able asso
c ate as n fugitive from the Justice OF Msssachu.
setts. escaped into the Cabinet Of Presiden. Fill
more that the several bills on the subject Of
Slavery in the United States separately passed
il 70 laws Each OF them must, therefore, nov
stand or fall by Itself
Again, we are told that the Union OF these
States is ia danger. This information comes to
me, at least exclusively from politicians, aud mer-
chants engaged In particular branch OF business.
Without intending to say anything IN the least
dsrespectfu Of either of these highly respectable
classes Of traders, cannot overlook the fact tast
they are both seeking Southern support. Their
interests, therefore, may mislead their Judgments,
and certainly their anxiety may magnify, II n3t
make the danger. So far as | know the feeling
OF the North, there is a universal devotion 70 the
Union. and general willingness to secure to tne
elaveholder his full constitutional rights. ! be.
lieve the devotion 70 the Uai0n is almost equally
universal at the South. The signal failure OF Ire
two Nashville Conventions the moderated toPe
of Georgia, Alabama and Mississippl-the loyEl-
ty, wisdom and patriotism Of Virginia, North Car
DINA, Texas Kentucky, Louisiana and Tennes
see-all serve to show that the affection for the
Mon which ought to be the common Sentiment
of every American, and the brotherly love md
mutual respect that should cement IT, are limited
to 10 section, but pervade the entire Republic.
There are, and have been, two unions Ia danger,
which alarms the aged politician refer TO tue
union OF National Wings and the union oil ma
tionel Democrats Those two organizations haze
been shaken, if not dissolved by the agitation o.
the slavery question, and those who derive conse-
quence or a livelihood from either, have been ma
turally alarmed at the danger 10 those unions.
But the Union of these States, in my humble
Judgment, has never been in danger since 1892.
| distrust political pancs and w ashIngtOn cries
Of alarm. appeal from the ievers and tainting
ct the Capitol 10 the sound health and steady
pulse Of the nation. There is not farmer, Or
In nv Judgment. that believes the Union in oil al
ger / appeal from the artificial heat of partisan
orators and writer's 20 the more certain thermom.
eter Of Wallst United States stocks, during all
the ALLEGED danger 10 the Union, have stood iirm
or advanced But there IS no need OF producing
this evidence. Those who have assumed mo
nopolv OF saving the Union, l believe nov c0n'
code that it is out Of danger-they find leisure
now to save themselves.
But ! must bring this unreasonaby long CON
munication 10 q close. ! have availed myself Of
this occasion to discuss the consttutlonality OF
the Act concerning fogitives have treated 1t as
the Constitution treats II, altogether as ques-
ton of property, wholly emitting to advert to the
question of humanity and freedom, 50 Intimately
connected with il. l have assigned the reasons
why think il UNCONSTITUTIONAL without stopping
to consider how it shocks every notion Of Justice
and right | DO not believe there is a ciyilIsed
country on earth, that would now enact such
law | do not intend 10 cOnhne this remark b
governments which permit q trial by Jury, nor 10
free governments, nor to Christian governments
but / design to say that no civilized government
would tolerate the seizure and subsection to bon
dsge Of one of its citizens or subjects IN the mode
that this law allows, If it does not invite Bu.
have referred altogether to its unconstiSutionRty.
Row are its consequences 10 be avoided So far
as this is 70 be done by legislation, il seems %
me the remedy 10 with the State Legislatures.
An excellent bill for that purpose has been intro
duced into our Assembly, by ar. Coffin, of Otse.
60, and trust It may become law 1t does not
assume to legsate for fugitive slaves. IL protects
the free inhabitants of our own State, and pre-
sumes all the inhabitants to be free Other States
will, Of course, legislate as they deem wise. Ia
the mean time every individual should determine
for himself what respect he will pay TO the act Of
Congress in question. There is distinction be-
tween an unjust and an unconstitutional law.
The former must be obeyed till it is repealed.
Disobedience to the latter is frequently the only
mode of testing its unconsttutionRlity. dis.
tDgusbed advocate Of our State, the Judge OF one
of our Oldest and most tranquil counties, recen ly
adopted tais mode Of testing the consttutiona.lty
of & city ordinance. 1t is far from my wish to
offer any advice 10 others upon this subject |
have already said, that the sw applies TO persons
of all colors, and to service OF every kind, aud
would simply add, that if should be seized under
this law, l should resist it with all the means
could command
Respectfully, yours J. VAN BUREN,
NEwYoRA. April Z, 1851.