The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-15
The Syracuse Rescue Case.


The Syracuse Rescue Case.
CHARGE OF JUDGE CoNKLING TO THE GRAND JURY,
AT BUFFALO.
The following is the charge of Judge COnkling TO
the Grand Jury of tie United States District Court
at Buffalo, on the llth inst =
Gentlemen of the Grand Jury;-You are aware,
gentlemen, that the people Of the United States
have seen Et Voluntarily to subject themsel yes
to two distinct systems Of civil government
each having its Legislative, Executive and Ju.
dicial Departments, and each, within its own
proper sphere, acting Independently Of the
other. The powers Of each Of these govern
ments respectively, are exercised by agents chosen
for thai purpose, directly or Indirectly by the
people; and while every citizen is entitled to the
protection Of each, all are bound, also to yield
obedience TO both. You of course understand me,
gentlemen, as referring to the national and State
governments; between which, by written organi,
laws denompated constitutions, the whole political
power which the American people have seen fit to
delegate, has been distributed The national go
vernment Is one of specific powers expressly enume-
rated in the constitution of the United States.
They are limited to certain specified subjects, few
in number, in which the whole American people
have common interest, and which require one uni
form rule Of action. Thus, for example, ii is de-
clsred by the constitution that the Congress shall
have power TO regulate, not the internal commerce
OF state, but commerce with foreign nations and
among the several States, and with the Indian
tribes; to establish uniform rule Of naturaliza.
tion, and uDifor laws on the subject Of bankrupt
ces, through out the United States to coin money.
regulate the value thereof and of foreign coin and
to fix the standard Of weights and measures; to
establish post cces and post roads to declare war;
to Iaite and support armies; and to provide and
MAR ain n navy.
With the exception of the comparatively very H.
mited but vastly important authority thus express
ly delegated to the general govern nent, the
immense and underlined residue Of political DO Yer
belongs to the state governments, or TO the people
For obvious reasons, the power Of penal legisla
ton. III any government, ought to be exactly
extensive with its 20 ser OF general legislation
for, while upon the one hand II would be idle TO
confer authority 70 enact laws and withhold autho-
rity to enforce obedience on the other hand,
any extension Of this latter pc yer beyond the
limit have mentioned, would be inconsistent aud
absurd. And hence 1t results that Q vast msjo-
rty of the public offences committed in the United
states are punishable in the State courts alone
and from the nature and organization Of the federal
government it also results that offences against
the United States consist in legal sense, only Of
these criminal acts which have been designated
and declared punishable by some statute Of the
United States. Those hitherto Of the most frequent
occurrence in this district, the making and
passing OF counterfeit coin, ard larcenes, and en-
berzlements from the mail and Post Office. These
and other ordinary ofen,es. and the laws on which
they depend, have often been made the subject Of
comment in this court, and ii is the less necessary
that should enter into any explanations concern
ing them now, because am not apprised that any
OF them are likely to come under your notice; and
this is the less probable, because Grand Jury
has very lately been empannelled in another part
OF the district.
But, gentlemen | an sorry to say that, in the
execution Of ny judicial duties, ] have been made
acquainted with certain other gross infractions Of
the laws CT the United states, into which it will
be your outy to irquiIe and as the offences 20
which allude are novel in this district, IL is pro-
per that should briefly explain their nature.
By ore Of the articles OF the Constitution Of the
United States-you know What that is, gentlemen;
It Is the 'uprtme law Of the land-of paramount
obligation upon every citizen every legislative body,
and every judicial tribunal, state and national, Of
the United Ststes-by one Of the articles Of this
organic law, IL Is ordained that No person held to
service or labor In State under the laws thereof
escaping into another, shsl, in consequence Of any
law or regulation therein, be discharged from such
service tabor; but shall be delivered upon claim
OF the party TO whom such service or labor may be
due"
his provision is un ierstood to embrace others
beides African slaves, but its language is plainly
descriptive OF them, and as we know, moreover,
from ooItemporaneous history, il was to them es.
Iccisjly. hat 10 gss designed TO apply. The Con.
sttution vent into operation IN I1o9; and in 1873.
IN pursuance OF the power conferred by this provi-
son. Congress passed an act for the purpose OF car
lying IL into effect This act looked for its execu.
tion mainly TO STATE magistrates, and by their
agency msry abscopdiug slaves were restored to
their owners
But after the lapse Of more than helt a century,
II hac, from various causes. which u, ed no. stop
to enumefate, become Insufficient for It's purpose:
ard IL September. $50, "a supplemental act was
passed which has acquired no little noto
nety Ot0tf tbe POI ular name OF the Fugitive Slave
act. One OF the most important Of the che nges in
trcduced by II contests in the substitution OF certain
officers lcinted by the Circuit Courts Of the United
States for the several Judicial Districts long known
as Cen N ssioners u these COURTS instead of the
State magistrates designed by the act Of I1y}.
After ming the right Of the owner In penon, or
by his authorized agent or attorney, to ehend
his fugitive slave, aud after empowering the judges
Of the United states, and the commissioners have
mentioned, when epplied to for that purpose, to
iss ue warrants Authorizing and requiring the mar.
IhGls Of the United states and their deputies 10 ar
rest such fpgitives, the new &C. proceeds, in the
seventh sectitn, 10 provide as foil Sws--
Judge Conklpg here cad the seventh section of |
The sct)
Such, ttt tlemtn. are the provisions of the coust.
tuition and laws e he United States 10 winch I |
have deemed II ny duty to direct your attention
for a reason have already mentioned, and whi,h / |
will row briefly explain
On the evening Of the irst day Of the last month,
at the city Of Syrscuie, a person alleged to be
Fugitive slave from the state of Missouri having
been arrested by Deputy Marshal, in virtue Of
HeTrsnt Issued by Con missioner, wac bly, res
'Uo CT aieed 20 10 ake his escape, BIZ a large nuui
tCr Ct IGsors acting in concert for That purpose.
An application IVES soau AFT 'rrar9s made to me, By
he Atioirey e the United states for warrants
.gaIst divers persons, stycrally charged on oath
sih having IaTticI ated in this violent and unlaw.
u Iftctc dirg; and feven or tigbt pCrsDns, Of
~ sidtfaty la-Fcr nun Der against whom warrants
,ufe isutd, were accordingly arrested brought b.
trc ne r. tvsmication, aud held TO bail % answer
0 " d,'r TO be preferred egainst them Il this
tJIt Il wlll- ycur duty, Therefore, 10 rtuirc