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


States, the general government, and the Union.
For legislating so as TO prohibit any State officer
IN his private capacity, or in n military station,
lowing duties, as Is often, IL not always the case,
TO the general government as well as the State,)
from assisting to execute process for the restora-
ton of fugitives, il would transcend all lawful
measures in principle. The charitable construc-
ton of the existing statutes seems to me, however,
to be, that they intend to punish State officers only
when acting AZ such officers and not as citizens;
else they would most unhappily come in direct
collision with other and permanent acts Of Con-
gress. And citizens relying on them, and refusing
aid, would find themselves in a most perilous po-
stion. Mistakes on this subject sometimes arise
from not distinguishing that a State officer, who
holds his commission from the state and Is account
able TO IL, may not be obliged 10 perform oifica
duties for the general government, from which he
holds no commission; whereas n citizen and officer
as a citizen, owes allegiance and duties TO both
governments, and neither can cxoneratc him from
what Is due TO the other but when each commands
the acquisitions Of the general government are
highest or paramount. Indeed In oldcn times, the
straightforward good faith Of fathers IL is be-
hevcd, in every state in New England, imposed an
oath on every officer, which Is still TAKEN however
fulfilled by some, TO support the constitution and
the Union. ! cannot believe, therefore, that the
legislative officers Of any State have anywhere
been SO iorgctful Of ratcrne feeling in aterna
Union, as not only, by legislation, to refuse its
prisons Tor constitutional purposes, and 20 punish
ITS judicial officers for aiding the general govern
ment or TO punish the owners of fugtycs for arrest
Tug anu rtEanlng their scfvccs but to punish, and
understandngy mean to punish, the citizen or militia
man as such, for obcying tho commands Of the
marshal TO assist In the service judicial prccepts
This can hardly be credited to any state composing
2 part OF this very government and its Union and,
by its Representatives and Senator'S in Congress,
aiding TO pass these very laws for marsbals, and
TO appoint and regulate this very marshal in all
his Official duties and under the constitution also
aiding TO discipline, arm and govern this very
militia, and their use, TO help execute laws when re-
sisted. And how unnecessary or inconsistent would
be the provision in the constitution teclf TO restore
fugives, and In the acts Of Congress to hold Mar
shas liable for escapes and rescues-provided they
had not the right to command from all citizens ne
ce~ary assistan,el And who compose their posse
confofus who can they resort to for aid but the
people Of each District or state la people, who
belong to the government Of the Union as we'll az
to state and who often operated upon directly
and individually by that government. And IL each
State can in this way legally exonerate its people
from obedience to the summons Of the Marshal,
what becomes Of the supremacy Of the laws Of the
Union and how exposed on this principle is every
cred and invaluable right enjoyed by you and others
under the wing Of our Union. Congress provided