The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-29

The Charge OF Judge Woodbury. 70 . New
England Grand Jury.


Levi Woodbury., to the Grand Jury of the United
States District Court, at Augusta, Maine, delivered
on the 23d instant relative to the execution of the
Fugitive Slave law
In the regular administration Of the laws, ext
gencies sometimes arise, when it becomes the duty
Of the court to invite your attention particularly
10 a class classes Of these laws, II any OF them
have had the misfortune to be forcibly assailed,
though by a small portion Of the community-if
the public officers, while enforcing them, have
been resisted with violence, and this at MONDAY,
and in the very temple OF Justlcenit IS breach Of
prostraton of everything decorous and orderly and
II furnishes urgent reasons to examine the sub
jeet with care proportionate to the aggravation
of the outrage.
It is part Of our constitutional obligations to
secure an undisturbed administration Of the laws
and shield the community at large from n repeti-
Punishment Of Offenders and it is due to the peace
able portion OF the people to separate from them the
guilty not to let all remain under one indis-
eliminate ban Of condemnation.
The circumstances adverted to, supposed to
have recently taken place in this Circuit, and being
Of very evil tendency, and exposed to occur again.
and in each district Of it, if not duly noticed, shall
invite the attention of the Grand Jury in each to
the subject-at the same time graduating those
who may reside where nothing of this kind has hap
pened, their good fortune thus far in the awabd
ing principles which their population have evnced.
That the active partcipators in the violence refcre
TO- and those who countenance them are very few in
70 moral and intelligent community, ought GER
tany to be believed, unless the latter fail to make
. warning example Of the guilty. In making such
an example, it is true, we can aud should be both
charitable and just, but ut the same time without
being negligent rs to the rights Of the government
Of the whole Union, devolyed on protection in
aome respects within this region Of our common
country.
So far therefore, the subject of this excitement
is connected with restraints on human liberty, it is
certainly calculate to cause sympathy and, in some
tA Of Etptnn R.tt uphill
tolerant, az we must be, to all differences Of mere
opinion, and to free discussion; yet if they end in
bad conduct, all must reprobae, and courts of law
must punish that conduct or become themselves
implicated. Indeed, opinions in country like this,
will be unchained-should rove free as air. Free
dom Of speech, too while disconnected with the dis
turbance Of public bodies and the public tranquility
or with personal SANDER, or basphemy, exhorta-
tions to yiolence-inay be wild as the waves. Much
Of the steam in society here is let OFF by that vent
n safety valve, harmlessly, without dangerous
explosons-but proceed to deeds-to force-to in
vOcatons to the actual commission ferimes-to the
public Dissertation of the laws, and the destruction
Of ordcr-and the whole aspect of the case is
changed, and punishment must be inflicted, or
Tunous anarchy is inevitable.
These last have always constituted a penal Of
fence by the laws of the land and not by the Fug-
hive Slave laws merely; though the enforcement Of
these last seems to have been the immediate occa-
sion for most OF the recent excitement and out
breaks.
But, as n matter of fact, whether these laws be
defective in form, or censurable in operation-be
liked or dsliked by many Mt the North-is not the
great inquiry for you this Court, the present
occasion. That would be very material for US, if
legislators, and convened to discus. change Of
those laws. On the contrary, met to enforce them,
in judicial capacity, your duty is to ascertain
WHETHER in point Of fact, the execution of them by
the duly appointed officers has not been resisted by
force, and this still advised to be repeated, and
therefore, should not by oaths, duties, and
the safety Of society, be condignly punished.
Nor is the question matter of opinion, whether
slavery is not generally wrong-snce, that point,
in New England, there is, probably, only one opn-
ion But il is, whether, where this institution is
solemnly recognized to exist in some States by
the constitution and acts of Congress, and must
continue to be recognized, by the restoration Of the
fugitive till those States choose to abolish it, till
the constitution and acts Of Congress on this point
altered, any individual is justified and is to be
left UNPUBLISHED, for attacking violently the public
functionarcs, in order to prevent the due perfor-
nance. on this matter, of their official obligations.
would fan believe that many have erred on this
from want Of due examination and discrimination,
rather than mischievous designs And do not,
therefore, deem it amiss on this occasion, among
other remarks, to attempt TO soften any undue pre-
JUDGES which might lead further breaches of these
laws render Grand Juries reluctant TO punish at
tacks on them, when committed with brute force.
Looking at the history of slavery in this country
dfpassionatey, there will be found less for
errer even Of opinion, as to the necessity Of some
provision on this delicate topic il the North Is to
continue at all united with the South ard looking
at this, and our imperative obligations at every ha-
card TO sustain the laws till directly repealed, there
IL still less for Of conduct-for menacing
denunciations-and,i indeed, such violence rs TO
throw order and by pollutng the very sanctuary Of
justice with anarchy and crime, strike at the root Of
all organized society.
1t is well known TO most Of you, that before our
revolution, the parent country had allowed African
slaves be introduced into all the colonies for pur-
poses of labor, and had indicated the moral right
20 do it-as has since been done by the celebrated
proclamation Of the King Of Spain in lsl7-on the
ground that most Of them were already slaves, by
capture in war and other calamities; and that by
such purchase they were not deprived Of liberty,
bat their existing bondage rendered. lcss and
lcss oppressive, and their condition civilized,
humane, and enlightened by Christian principles.
But, without unfolding the sufhciency Of this ex-
susc II is certain that when that great crisis arriv
cd, our fathers found the institution fastened upon
them and in several instances against their strcnu-
Gus remonstranccs; and they proceeded, therefore,
70 do with 1t what seemed the best in their power,
nnder existing embarrasemerts. The Union was
70 be formed The Union was, If possible, to be
made perpetual. Nobody then doubted as TO this,
or the mutual forbearancc and concessions on this
delicate subject indispensable 10 insure cordial CO.
operation.
Slavery existed then among most Of the thirteen
provinces, although the eKtcut of II was much less
at the North than the south. Yet, regardc - of
such differences, all united, heart, head and hand,
in opposing the common enemy; and, after the close
Of the Revolution, all again united in the way
to guaranty their common rights by a common con-
stituton and mutual compromise Of opinions IA TO
the continuance Of this Institution by each, till each,
IN its ownindependent and sovereign capacity, might
deem il safe to abolish il. The foreign slave trade
could be provided for, without peril or encroach-
nent, its abolition being within the control Of the
general government ~ affair Of foreign CON-
nerce. II was, therefore, regulated and virtually
abolished prospectively, In the constitution itself
Bot the institution Of slavery in each state could
be regulated only by itself, without making each
slave 10 the rest and could not, ut once, and
whole be Voluntarily audOncl
imminent danger to life, liberty aud property Of the
white population, by letting loose all the terrific
furies Of fanaticism, combined with extreme gno-
rance and bad passions.
II happened, in this way, that the Northern
States earliest commenced the sstingushment Of
slavery, the number in bondage there being fewer,
and the measure therefore, easier and less exposed
10 disorder.
And the progress OF emancipation, under the inc
vitable operation Of free principles, steadily and
quietly advanced South; and, by means Of colonial