The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-23

nam Z. ABBOTT, Abner Bates, John Amos, Hiram
wick, Samuel Mead, Hiram Hoyt, Daniel McDou-
gall, Charles A. Wheaton, r. A. Yoe, Charles
Leonard, Alanson Thorp.
similar bond was executed for the three colored
men, IN the sam OF $500 each, Gov Sc ward sign
ing all three of the bonds. As he signed the second
one, he remarked to the friends about him, that he
ala not suppose such an act co1li be regarded a
Slave law, and, turning to the District Attorney,
piaytully inquired whether signing such bond
would come under the head of constructive " trea.
SON."
This business concluded, all the parties were
called by the Judge, who acknowledged their sig.
natures TO the bail bonds.
Court adjourned sine die.
Judge Nelson and the Faxltive Rescue az
Syracuse.
The following is an abstract of the charge of
Judge Nelson, in the United States Circuit Court
at Albany, the 2lst inst relati to the recent
rescue Of a fugitive slave at Syracuse -
The District Attorney has called my attention
to crime recently committed in one of the most
populous towns in the western part of this State
the case of the seizure and rescue of fugitive
slave out of the hands of a federal officer, by an
unlawful assembage of people, more or less
armed, pending an examination before the magis-
trate, ia pursuance of an act of Congress, passed
September is, 1850 The crime, as alleged,
was Committed in the edge of the evening,
in the midst of the local police and m1-
and character; and this, after threats and
other unms taxable evidences of an intended res
cue and crime had been given out. The Marshal,
and all the authorities associated with him, and
other persons coming to his aid and assistance wer.
overborne by the violence of the mob, and law and
legal authority trampled under foot. The case is
one calling for grave and serious inquiry the part
pense should be regarded in the investigation of
the crime, and in bringing the guilty offenders to
justice. In case so serious, striking at the
very foundation Of a government Of laws, and
nj TING in fQ rla hruf
the whole power of the government should be
put into requisition to suppress the spirit
of disorder, and punish the guilty. No 60
vernment is worth preserving that does not or can
not enforce obedience to It's laws. The seventh
section Of the act Of 1850 makes it a misdemeausr
subject 70 fine and imprsonment-the fine not to
exceed $1,000, and imprisonment not 20 exceed six
months-ior any person knowingly 10 oh struct the
arrest of fugitive from service or tor any person
to rescue, or attempt to rescue the same after the
arrest " made or to aid abe, assist, directly
or indre lily, in an escape or rescue. The punish
ment, according TO this act, is by indictment
and conviction before the District Court of the
United states For the district within which the
tfence is committed: The twenty second sec
30:h, 1870. also provides Ter the case of the
obstruction OF legal process in the hands Of an
officer Of the federal government. The offence is
punishable by ine not exceeding 500, and inn
prisonnent not excet ding twelve months so far
as IL respects the obstruction to the execution Of
legal process, a forcible rescue OF the prisoner,
under tae Fugitive Slave act the provisions Of that
act probably supercede those Of the act 1890, with
one exception The &C. Of l1sO provides for tue
case of assaulting, beating or wounding any fede-
raj officer, or other person duly authorized, while
engaged in serving or executing any process.
bis case is not specifically provided for in the
acs OF $50; and may apply as we'll to an exc
eution Of process under that act as any other,
as there is DO necessary repugnancy between
the two acts in this respect. There is some doubt
whether o. not the Circuit Court of the United
states has Jurisdiction Of the offence committed uu-
der this act OF 1885, as the act in terms limits the
cognizance 10 the District Court. have, there
fore, advised the District Attorney to present the
cases before that court. The eleventh section of
the Judiciary act coufers the Circuit Court con-
current jurisdic lion with the District Court of all
crimes and offences ccgniZable therein But IL may
be question whether this provision applies to
jurisdiction subsequently conferred on the Dstrc.
Court az specifically as that in the act Of 1850.
There is provision in q recent act Of Congress
by which the District Court is authorized to ad-
lourn or continue criminal cases pending therein
TO the Circuit, which no doubt enorace, the cases
IN question The forcible resistance an1 0tslruc- !
iioa " the law 10 which have referred, involves
something more than the simple defeat Of the ex- |
'eution OF an act Of Congress. The act of 1850 |
was pissed to carry into eject sn important proyi-
IN Of the constitution Of the United States which
declares. that no person held to service or labor
n one state, under the laws thereof escaping into
mother shall, in consequence Of any Law or regu-
alton therein, be discharged from su.h service
,r labor, but shall be delivered UP on claim OF
he party TO whom such service or labor may be
iue." The State Of New York, in full convention
assembled ratified and adopted the constitution Of
which this provision IS a part, on the 9th July,
rs, when she entered into the Union; and thereby
pledged the faith ard honor Of the people Of the
state to the observance and fui6llmsnt Of all its
rovisO rs and nunctions, and Of all laws enacted by
congress in pursuance thereof The faith and honor
n the state involved, therefore, the discha OF
he duties and obligations and while these virtues
IRE acknowledged BY the people Of the state, the
4f fvt4rr faFI ..
lie h concerned. The I nion cherished and reserved
We will not believe that in the comnaratiyely
hort period in the being Of a nation Of sixty-thrte
iears her sons have 50 fer degcnerated a. to be-
ONE recfeant TO the OBJ gatio..s o. the govern.
nent formed BY their iathtri. and esmeri'ed by
heir blood; and under which they have enjoyed a
e gree OF freedom end prosperity, and OF all the
ocal blessings flowing from the same that never
'cfore Tell 10 he lot II the human race /: and we
oubt not. when II IL seen that there is n sentimen
u reasonable opposition in some parts Of the state
gaiIst the GOV srnmeht, organized and breaking
Ut into open acts Of resistance to the constitu.
ion snd laws they will awake to the danger
nd put down With strODg hand. this spirit of
lsuDon; ard yndicate the faith and honor Of
heir ahers and the character Of their state. The
question whether this provision Of the constitution
: to be carried into execution in the spir. With
rhieh il was adopted, il rot one tina. concerns.
imply, New York If that was all. the question
Oud be settled among ourselves But other states
ave an interest fifteen Of them--a deep and sbid.
~ interest IN its Observance. The compact has
cen made with them, aid with their people, and
ntil they consent TO release US from the obiiga- |
ion and duty, We are bound by il, bound BY every
'ith ana tie that can give sanction 90 an obligation
Is true, Ne- ork may possess the physical
over to disregard her Obligation, and set the
constitution at nOught, and bIde the conseuuences
nere are, am sorry TO cay acts upon her sta ute
ooks, that, If carried out into practical effect,
ouid have already accomplished IL. But they have
o. been carried into effect, and trust never will
e; they are fortunately dead le.ter. Before the
etple o.New YorE, or of any other n,rthern State
axe VI their minds to disregard and d;sobey this !
revision Of the institution, they will, doubt not
ok well to the consequences Common sense, az
ell IA common prudence and wisdom, wo aid die
ne this. AZ have already said, the provision in
lestion 10 material part Of the constituton-the I
law 81 the Union, framed BY our ia.
els, and under which We live-so material and inn. J
,ftant, that any one converssbt With the historv