Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1851-05-01

tiers brought out by lHC '0'1 i"0'"5 ~
mont Temple, we have read none more calcuIa-
ted to awaken reflection in the minds OF all
candid men, than the following from that able
and lncorruptible statesman, JoHN NJ NILES OF
Connecticut.
HARTFORD, April 5, 1851.
DEAR SIR,-I have received your iet'et OF
the 3lst ult., inviting me to attend ana ADDRESS
a Convention OF the people OF Massachusetts,
opposed to the Fugitive Slave Law, to be held
IN Boston on the 9th instant; ana In case can
not attend, requesting an expression oil my SEN
timents concerning that Act.
1t would afford me great pleasure to be pres
ent on an occasion SO interesting and Important,
were it not inconsistent with my engagements
now unusually pressing from an expected ao
sceIlce for a considerable period. Inc people
of Massachusetts have been at all times honor
ably distinguished for their opposition to slavery,
and this movement is worthy OF their character,
and will, hope. be productive OF much good
The controversy between the supporters and OPP
ponents of the Fugitive Slave Act, is not
question of union or dsunlon, as Ii pretended
by some; but question Of free government or
despotism. That law has no sanction In the
Constitution, and its passage was the exercise
of undeegaed power, and therefore usurpa-
tion uDon The rgnts Of the States aud the peo~
ole. It violates the most sacred principles OF
civil liberty, and is therefore incompatible with
free government II law like this establish
ing arbitrary tribunals, with proceedings and
forms of trial and testimony unknown to the
common law. we're applicable 10 the whole peo-
pie Of the several States, exposing every md.
vidual, to be deprived OF his liberty without
due process of law" or trial by jury, 1t would
meet with universal denuncatlon; and an &C
quiescence in it would be regarded by all, as
degrading our country below the digI lty OF
free people. But this act, being confined to
weak and feeble class, who are equally with all
others entitled to protection, does not diminish
but rather increases its enormlty. The advanc-
es of despotic power, every where, have begun
with the weak, and if not resisted, It's encroach-
ments soon reach the strong.
The Alien Law, which in many respects was
analogous to the Fugitive Slave Act, was con-
fined to small and powerless classic unnat-
uraize foreigners, of whom there were then but
few in the Union. That law was denounced as
unconstitutional, arbitrary and despotic, although
it did not compare in enormity with the Fugitive
Slave Act. 1t authorized the President to order
and cause to be sent out of the country, all for
eigners, whom he might deem dangerous to the
United States. 1t vested judicial power in the
President, contrary to the Constitution. The
Fugitive Slave Act vests it in Commissioner,
who is net Judge or an inferior court" in
violation of the Constitution. The Alien Act
established arbitrary proceedings, forms aud tes-
timony unknown to the common law, and 50
II Ci,,o Act Tho AL Ihn Act
exposed all foreigners to be restrained III then
liberty, and forclbIy sent out OF the United States
" without due process of law" The Fugitive
Slave Act exposes all colored persons TO be
seized and sent into bondage Tor life, " without
due process Of law" and in violation OF the tltth
article of the amendments of the Constitution
The Alien Act was limited to two years, and
vet MIR. Jefferson and many OF the most dlstln
guished statesmen Of that day, maintained, that
to acou!esce in it, would be to submit to des
potic power. They not only denounced it as q
tilgrant outrage upon the nights OF foreign cltl-
zens, and through them upon the rights OF the
whole people, but carried their opposition Int
the legislatures lt several of the States, which
asserted the ngb to mterpoSe and arrest Its eX'
ecu.lon,
Such was the. spirit of that day excited by a
law less enormous chan the Fugitive Slave Act
and certainly not more palpably in violation o
the Constitution, and which would have expired
in two years The Fugitive Slave Act is I'M
limited, and is pronounced by the President tc
be final settlement of the question to Which
it relates" If acquIescence in the Alien Law
for two years was deemed submission to despot
power, much more is the acqulescence in the
Fugitive Slave Act, which aims more deadly
blow at the vital principles OF civil liberty, anC
is permanent law.
The wisdom of the maxim, TO resist the be
ginngs of evil " is more important as applicable
to public than to private affairs. To acquiescC
in this law is to submit to the exercise of des
potic power. And this course is commended
as means OF preserving the Union. The
Union is to be preserved by quietly submitting
to u violation of the compact by which it wa'
formed. Law is to be honoed and upheld, by
a violation of the supreme law Of the land.
In these views, | assume that this law is un
constitutional but the occasion does not ADM
of my giving the reasons Tor this opinion.
will only say, that TIE language OF the article
of the Constitution, relating to ugltlves IRON Ia
Dor, by no forced construction can SIGNIFY
grant Of power to Congress to provide for the
reclamation of tugtVes; and that the history o
the proceedings Of the Convention IN relation tt
1t, shows that nothing OF The kind was intended
When the article relating to tngltlves from jus
tice WAS under consideration, Mr.. Butler, iron
South Carolina, moved to amend II, by requiring
Fugitive slaves and servants, to be surrendered
I'd as criminals" This was opposed. Mr.
Wilson said, " this would obIlge the Executive
of the State to do it at public expense" Mr.
Sherman said Z" he saw no more proprety in tht
public Selling and surrendenng slave or re
creant, than horse"
MIR. Butler Withdrew his proposition, and sub
seQuenty offered that now IN the Constitution
with some slight verbal variations The only
question was, lChdt obligations and duties III
States ought 10 assume not word about con
ferrlng power upon Congress. ] he proposition
was treated as creating all obligation upon tn
States, as 1t certainly does, and nothing more
And in this view OF it, it was adopted wlthou
debate or objection, or the dissent of singh
State. Had it been regarded as power con
ferred on Congress to invade the jurisdiction o
the States, and seize by federal officers any col
ored citizen who might be claimed as fugitive
would it have been agreed to without objection
and by all of the States The remarks 0
Wilson and Sherman on the first proposition i
sufficient answer to this question.
On the face of the Fugitive Slave Act th
monstrous injustice to the colored population
strikes the mind as the principal objection; Blu
it is obnoxious to another objection equally
not more alarming. 1t changes the relation
which the free States and and the people there
OF bear to slavery, holding them to obligations
unknown TO the Constitution, and revolving t
their feelings 1t natlonalIzes slavery, and make
it an interest of the Union, when the Consttu
ton recognizes it ouy as local or State inter
est. In assuming the obligation to surrende
up and return slaves into bondage, the ledera
government makes the Union party to SLAYER
and an agent to sustain and uphold 1t, as mucI
as in any State where this institution forms
part OF its system of laws. To recover fugitive
who have escaped from slavery aud return then
into bondage by the authority OF the Union
and at the expense of its treasury, is as impor
tant and as odious an agency in UNFOLDING thu