The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-04-24

vised that such proceeding as this strikes at the
foundation of justice, and trsmples upon the ele-
mentary principles Of Jurisprudence. Without
the preliminary steps which 10 any civilized coun-
try have been held necessary to acquire jurisdic-
ton either Of the person or thing proceeded
against, an ex parte record is made, which is full
and conclusive, to condemn a human being to a
bondage which may be perpetual if such a record
was introduced in any court where judicial pro-
ceedngs have semblance Of justice to establish the
right to an animal not absolutely fere nature, it
would be secuted from the court with ridicule and
contempt. But Congress have made it conclusive
proof Of the slavery of fellow creature, fla
sutton of one Of our Northern ladies should claim
their ear rings or breast pins with such record
he would fail but if he demands their persons
the record is conclusive. IL is needless to add
that think this section intrepidly defes the pro-
vision Of the United States Constitution, which
declares that no person shall be deprived Of
life, liberty, or property, without due process Of
law.
But we are told we must not discuss these sub.
jects Those who are daily writing, speaking,
meeting, dancing, and dining, to put down sgita-
ton, admonish us TO be silent. We are told that
Congress have adopted a system Of Compromise
measures on the subject Of slavery which must
not be disturbed. My recollection of the occur
rences referred to is different from this think,
as system, they failed the bill which embodied
them as compromise was defeated the omnibus
was upset Even the most distinguished men
who advocated them in lump took no part in
their final passage. II was not until the distin-
guished Chairman Of the Committee of Thirteen
retired from an eight months campaign in the
Senate, which he lost, to reinvigorate his system
in the waters of Newport, and his able associate
as fugitive from the justice of Massachusetts,
escaped into the Cabinet Of President Fillmore
that the several bills the subject of slavery in
the United States separately passed into laws.
Each Of them must therefore now stand or fall by
itself
Again, we are told that the Union of these
States is in danger. This information comes to
me at least exclusively from politicians, and mer-
chants engaged in particular branch Of business
Without intending to say anything in the least
dsrespectful of either of these highly respectable
classes of traders, cannot overlook the fact that
they are both seeking Southern support Their
interests therefore may mislead their judgments
and certainly their anxiety may magnify, if moi
make, the danger. So far as / know the feeling
Of the North, there is universal devotion to tn,
Union, and general willingness to secure to tn,
STAKEHOLDER his full constitutional rights. be
lieve the devotion to the Union is almost equally
universal at the South. The signal failure o
the two Nashville Conventions-the moderated
tone of Georgia, Alabama, and Mississippi-th
loyalty, wisdom, and patriotism, of Virginia
North Carolina, Texas, Kentucky, Louisiana
and Tennessee-all serve to show that the affec
ton for the Union, which ought to be the com
mon sentiment of every American, and the broth
erly love and mutual respect that should cemen
it, are limited to no section, but pervade the en-
tire Republic There are, and have been, tw
unions in danger, which alarms the aged polit
cian-l refer to the union of National Wings an
the union of National Democrats. Those two OF
CARNATIONS have been shaken, If not dissolved, b
the agitation of the slavery question: and thos
who derive consequence or a livelihood froI
either have been naturally alarmed at the DANCE
to those unions. But the Union Of these State
in my humble judgment, has never been in dar
ger since 1892.
cries of alarm. | appeal from the fevers an
fainting at the Capitol to the sound health an
steady pulse Of the nation. There is not farm
er, or mechanic, or laboring man, in the Unite
States, in my Judgment, that believes the Unol
in danger | appeal from the artificial heat o
partisan orators and writers to the more certain
thermometer Of Wall street United States stocks
during all the alleged danger to the Union, hav
stood firm or advanced. But there is no need
producing this evidence. Those who have as
sumed monopoly Of saving the Union, beiev,
| now COUCeue tnut III 1b out OF uanger-Iney M
leisure now to save themselves.
But must bring this unreasonably long con
munication to a close. | have availed myself 9
this occasion to discuss the consthutionalty @
the act concerning fugitives have treated it a
the Constitution treats it, altogether as a ques
ton Of property, wholly emitting to advert to tn
question of humanity and freedom, so intimatel,
connected with it. | have assigned the reason
why think it unconstitutional without stoppinl
to consider how it shocks every notion of justio
and right do not believe there is q civilized
country on earth that would now enact such ,
law do not intend to confne this remark Il
Governments which permit trial by jury, nor t
free Governments nor to Christian Governments
but design to say that no civilized Government
would tolerate the seizure and subsection to bond
age of one Of its citizens or subjects, in the mode
that this law allows, if 10 does not invite But
have referred altogether to its unconstitutionalty
How are its consequences to be avoided SO far
as this is to be done by legislation 1t seems to
me the remedy Is with the State Legislatures
An excellent bill for that purpose has been intro
duced into our Assembly by Mr. Coffin Of Otse-
CO. and trust IL may become a law. Ii does not
assume to legslate 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. In
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 1t is repealed Dis
obedience to the latter Is frequently the only
mode of testing its unconstitutionali,y. A dis
tinguished advocate Of our State, the judge Of one
of our oldest and most tranquil counties, recently
adopted this mode Of testing the constitutonality
of o city ordinance. IL is far from my wish &c
offer any advice to others upon this subject. ]
have already said that the law applies to persons
of all colors, and to service Of every kind and |
would simply add, that II should be seized under
this law, | should resist it with all the means
could command. Respectfully, yours,
JONI VAN BuREN.
Mem York, Apra 4, 1851.