The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-12


the physical and moral necessities Of the broad and
ever extending empire which it protects and de-
tends and in the facility with which, without vio-
| icnce or sudden change, errors Of administration
can be corrected, and new exigencies can DO met,
so that the State, free e-holding which ma
at any time be least favored, will be ut all times
safer under this government when worst admins
tered, than it would be under any other, however
wisely administered, or favora bly, conducted
think, my dear sir, that all this is virtually con-
fessed now by those who, while they that their
complicated schemes, that suppression of free de-
bate, which they thought essential to the safety of
the Union have failed, nevertheless admit that the
Union is no longer in danger and therefore, Think
that we may ut last ongratulate ourselves on the
diseovery that not only are extra constitutional
compromises unnecessary, but that the Union has
strength and stability enough to endure, notwith-
standing that such compromises under the influence
of an unwise Legislative distrust are sometimes
unnecessarily and unavailingly made
am, sir, with great respect,
Your humble servant,
WILLIAM III. SEWARD
LETT Err FROM JOHN VAN buren,.
DEAR SIR have received your favor of the 3lst
ult., inviting me to be present and address con-
vention Of the people Of Massachusetts, who OPP
posed to the Fugitive Slave law, on the 9Th inst 4,
at Boston. My engagements here are such as to
prevent my complying with your invitation but
can readily respond to the request which accom-
ranies it, to be informed, by letter, of my senti-
ments respecting the law referred to.
The act in question processes to carry out the fol-
lowing injunction of the constitution:
No person held to service or labor in one State,
in consequence of any law regulatan therein, be
discharged from such service labor, but shall be
delivered up, on claim Of the party to whom such
service or labor may be due.
To avoid misapprchension, think il proper to
say, that, in my opinion, this provision of the Con-
sttution, like all the others, should be faithfully
enforced Perhaps no portion Of tho people was
entirely satisfied with many provisions in the Con-
sttuton, yet all were deemed essential TO its
adoption. They all now constitute parts Of the in
strument, and should be alike obeyed in spirit and
in letter 1t is with this feeling that consider. the
provision above quoted; and thus regarding it, it
purpose Of those who framed it, was, to prohibit
each State from passing laws which should release
from labor those legally held to it in another State
Doubtless the difficulty in the mind Of those who
drew this section, and the one they primarily in
tended to guard against, was the necessity of pre-
serving the rights Of shareholders in some ofthe
States when other States should, from time to time
see tho wisdom and humanity of abolishing slavery.
They intended that each State should abolish
slavery for ITSELF and not for its neghbors and that
when State did so abolish slavery, it should not
pass any law which would interfere with the right
ola Shareholder to pursue and retake his slave in
such free State.
doubt whether there was any absolute necessity
for legislation either the part Of the State or
general government, to enforce this provision. The
right Of reception without breach of the peace,
cured by the prohibition. 1t was intended that
whatever legal relation in regard to the obligation
OF service two persons bore to each other by the
laws of the State in which they both resided that
relation should not be destroyed by the escape into
another state Of the one owing service.
But whether the States might or might not legis-
late to carry out this provision, it seems to en-
tirely clear, that power the subject is given
to Congress, either expressly or by Implication
and it is to me nexplicable, how those who are so
absemious in the exercise power over the subject
Of slavery by Congress, as to deny the authority to
prohibit slavery in the District of Columbia, or in
the territories of the United States, should have
been able to find not only authority for Congress
to egislate in regard to fugtyes from service but
an authority so exclusive as to Gust the States!
This is one of the triulnphs Of modern ingenuity
and so far as the authority to legislate upon the
subject Of fugtives from service is concerned those
who claim il for Congress have their side the de-
cision of the supreme Court Of the United States,
on previous act in the Of Prigg vs. The Com
monwcath of Pcnnsy lvania.
BY this decision, judges, in determining the Ques-
tion Of authority, would probably be concluded
Su in popular discussion of the propriety Of law
with view to its repeal or modification, presume
we are at liberty to believe in opposition to de-
cision Of the supreme Court. Even the executive
and legislative departments deny its authority to
Alien and Sedition law constitutional, and Mat
thew Lyon imprisoned under it, The Prcs-
dent, Mr.. Jefferson, decided that it was not, and
pardoned Mr. Lyon. The Supreme Court decided
of the United States, and that the propriety and
necessity of doing were to bejudged by Congress.
The President, General Jackson, decided that such
an act was unconstitutional, and vetoed it. With
these examples before me, feel authorized to ex-
press the opinion which entertain, that the Fug-
tive slave bill il unconstitutional because Congress
have no power TO legislate upon the subject.
But TO those who regard the decision Of the Su-
preme Court a. conclusive, ii IS important to
slider other objections to the act. Conccding the
power to Congress to legislate upon this subject,
think the act in question: unconstitutional, because
il does not give the person seized trial by jury at
the place where he is seized, and before he is put
in the custody Of the claimant with a warrant to
transport him. The error, as il seems to me, with
great respect in the legislation of Congress upon
this subject, arises from confoundng two classes of
cases which have analogy with, or resemblance
to each other. | audc to the surrender of fugi-
tvcs from justice and the seizure of persons held
scryice-a bare statement of the provision to FIJI
giiiyes from justice will show this. 1t Is in these
words,-
"a person charged in any state, with treason,
felony or other crime, who shall Hec from justice,
and be found in another state, shall. demand Of
the executive authority OF the state from which he
fed, he delivered up to be removed to the State
having jurisdiction Of the crime.
The striking differences between the two cases are,
list. The party seized under the last section is
charged with having committed an offence against
the public-a fugitive from service has committed
no offence against the public. IL Is crime,
think, by the laws Of Georgia, Virginia, or South
Carolina TO escape from service, and the laws pro-
vide no punishment for il. la MARYLAND n law Ia
that effect has recently been passed, but demand
under II, would, Of course, be for fugitive from
justice, not for fugitive from service.
ID. The demand under the last section Is made
by the executive authority OF the state "a per-
-on held to service is claimed by private indi.
yidual.
Sd. The fugitive from justice Is to be removed to
the state having jurisdiction of the crime. The
person held to service Is to be taken wherever the
claimant plcascs. am aware that the act of on
grcss provides n warrant, which, II says, saall au-
thorze the removal Of the fugitive from service to the
place whence he fled. But the constitution max y
no such provision, do believe il contemplated
such result. The warrant gives the party seized
no nigh. To insist upon being carried TO the place
Whence he lied, or upon remaining there when he
arrives Ii he j. seized in New York rs n slave,
who i alleged 10 have escaped from his master a,
Charleston, ! see nothing To- prevent his being
shipped for Brazil, and certainly nothing TO proven
his being sold in any slavehofdng state through
which he may be carried, and il i VIGOROUSLY the
practice, after exhibiting recovered slave to thu
I'll. II 80