The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-01

delegates been appointed to meet in convention.
when the State should call them together
Union. That gallant State-the State of
South Carolina, which had produced in proportion
to her population, as many distinguished statesmen
as any in the Union-which had illustrated her
character for bravery, well in the battle fields of
the Revolution, in modern days-was on the
verge Of secession. God forbid that she should've
psss the limits of discretion and wisdom (appause)
But he stated the facts as they were; and yet we
heard Gov Johnston and Others say that there was
no danger ofa dissolution Of the Union. How was
il in regard to the other Southern states! He
believed there was to be found there large ma,
jority in favor Of the Unon but, then, in fifteen of
the Slave States, although in favorof union they had
pronounced, in Convention or otherwise, that they
| were so just so long the Fugitive Slave law
States No question about that. All will be peace and
quiet in the country, if the law be carried out. But
let it be repealed, or essentially modified, to-mor
row, and then the whole South, without exception
pledges, If they did not attempt to 60 out of the
Union. Now, what did We find here the other day!
A resolution was offered by a respectable whg, in
convention, that strict adherence to the Fugitive
Slave law ought to be insisted upon by the people
of Pennsylvania. And yet that resolution voted
down by vote OF more than two to one. These
prophets were crying "rpeacs, peace" when there
was no peace. The Union was in danger, If We
were to believe fifteen States Of this Union. He
wanted to explain to the what the Fugitive Slave
| law was-forit had not been much dwelt upon here.
|
| United States. 1t a partnership among sove-
reign and independent States. 1t was q solemn
league and covenant among soveregnties Now,
we all know that if articles OF partner
| ship entered into between men, if one
of the parties to it broke his agreements, the
other could release himself from them, if he
pleased. Now the greatest difficulty that occurred
in forming the constitution was this very subject
slavery. The Southern States said, our property
consists in slaves cannot enter into partners alp
with you unless you pledge yourselves to secure
to us, for slave may run away from his master,
and 60 into free State, and consequently be los
to him. In order to meet that objection, our fore
fathers in heroic age, who understood thei
duty towards all Their fellow men, made bargain
with their brethren Of the North, running in these
words -" No person held to service or labor in
one State, under the laws thereof, escaping into
another, shall in consequence OF any law or regula-
ton therein be discharged from such service labor,
but shall be delivered up claim of the party to
whom such service or labor may be due" There
was the bond, signed, sealed and delivered by the
! parties. You won't break it-you won't cancel it.
If you do, the other side (Mr. b. asserted) would
| play out the same game, too. They were well dis
| posed to do it, he afraid Now, in pursuance
Of this clause Of the constitution, act Of Con-
gress was passed in l793-the Fugitive Slave law
of that day. 1t was signed by George Washington,
as President of the United States and John Adams
as Vice President, and passed without any serious
objection. 1t contained provision that master,
any Judge Of the United States, before any
State Judge, magistrate; and, proving that he
had run away, certificate was given, and the man
was returned. That was the law Of 1873, and was
in force till the aboltionists arose in 1884 For
more than forty years all was peace and tran
quillity throughout the Union. This spirit
Of abolition and fanaticism-honest fanatics
had shed more blood, been guilty of more
tyranny, perhaps-he was going to say-than even
despotism itself But the foul spirit Of abolsionsm
arose in lSi2-when, he believed, it was the Su.
preme Court of the United States decided that
these State magistra es were not bound to execute
the laws of Congress sand that the federal govern
ment were required to appoint officers to execute
their own laws. And then came the act Of 1917
our act of lSf7-by which it was declared penal
offence for any magistrate to exe,ute this act of
Congress, which had been signed by Washington,
and countersigned by Madison. Then what, he
would ask, was the consequence! There was only
one magistrate or judge in Philadelphia who could
execute the law, and one also at Pittsburgh-being
only two in Pennsylvania. And this was the reason
and necessity that were imposed upon Congress to
pass this much abused Fugitive Slave law. 1t was,
in fact, nearly the same the act Of 1893, except
it substituted United States Commissioners instead
of Justices Of the Peace under State authority.
That was all. And what mighty noise had been
made about this law 1t was nothing but tran
script of the provision Of the constitation-nothng
but authority TO carry that constitution into effect
And all the terror, and all the alarm which had
been attempted to be created throughout the Union
had arisen from the simple fact, that the old law
was altered so that United States commissioners
should take the place Of justices ofthe peace under
the authority of q State. Now, he would enquire
whether the south had not a right to insist upon
the faithful execution Of the Fugitive Slave lawl
Why, until the act Of September, 1880, was passed,
every fugitive who could cross the line, escaped into
the interior; and the man was bold man who at
tempted to pursue him, because he was to be
followed, insuted, and beaten, wherever he went
And the question now was, whether we should exc
cute this Fugitive Slave law in good faith towards
Southern brethrenl Shall we hesitate mo-
ment in deciding that question: Shall we execute
the law faithfully, shall the Union be dissolvedl
Shall we carry into effect the constitution or shall
l.
the Federal Unionl But our state, (sad he)
had gone a little further. Why, we had passed
law that the fugitive should not have the Of
jails Now, he would say that this was a law in
direct violation Of the spirit Of the constitution.
The government Of the United States had treaties
with England and other countries, in which We
bound ourselves to give UP criminals, the one to the
other government. We seized foreign criminals in
this country, and handed them over to the country
claiming them, for trial and punishment; and, If
refused to detain them in jails, foreign GO
vernment mi ght call upon US for an explanation OF
our reasons for violating the treaty. And was it
possible that were so hostile to the people Of the
South, that would not grant them the same JUS
tice that we would grant to foreign govern
we should say 70 them, You shan't have the /
Of our jals :" he regarded il as petty !
spite. The government Of the United states /
have no jails. They have trusted the different
States-afrealed 10 the comfy ofihe several st ates
In lSi7, he had already said. this act passed de-
priying them Of the use Of the jas; and when de-
mocratc Legislature passed an act to repeal tins
unconstitutional law, Governor Johnston-he (hr.
Buchanan) wished to speak with all respect Of him
placed the law in his pocket, and thus put at de-
fance the will Of the people. And now the great
question before them was, whether the Governor
was right in violating the constitution, and thus
dangefing the Union or, in other words. whether
the people were In favor Of the Union, or whether
they disposed to run the risk of its being dis
solved Ii had been said that there was danger Of
kidnapping under the Fugitive Slave law. Now,
who ever heard of kidnapper bringing a poor
slave into custody in the face Of day, with the Argus
eyes ofth people upon him No; the kidnspper
wen. at the midnight hour, when he seized his VIC
tim and huddled him away. But he never
went 20 n judicial officer for certificate
And these were men who talked about trial by jury
being granted a slave. Now, grant trial by jury
in the state Of Massachusetts, to a slave, what