The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-04-24
LETTER FROM BOSTON.
STATE LAW AND FEDERAL LAW IN MAsSA-
CHUSETTs,
To the Editor ofthe National Era:

large body of armed men, to the end Of Long
Wharf and placed on board the brig Acorn, a
vessel chartered and fitted up for the purpose and
the wind being contrary, she was Immediately |
towed down the harbor by steamer, that had |
been kept in readiness for many hours with her |
steam up. The alleged slave was accompanied |
down the harbor by the city marshal and many |
officers, some of whom attend him to the place of
destination. During the trial, or investigation, |
whole regiment of men we're kept in readiness to |
act, and in addition to these and the whole body
of police and watchmen amounting to several |
hundred men. 1t was said that body of u s. !
troops, and two pieces Of cannon, were in read- |
ness at the navy yard For further security, the
temple Of Justice was surrounded with chains
and the vessel and crew that took the fugitive
away were said to be armed, and all this was
done to enforce law The mayor Of the city. ~
we'll as the city marshal, headed the force that
took the slave on board, which force was composed
chiefly il not altogether, of the police of the city,
and the arrest was made by some members Of this
body at night, on false pretence, that the fugi-
tive had stolen watch; and the extradition was
accomplished at an hour when the fewest possible
number of citizens could be present to witness
his departure.
Thus was the love Of law made instrumental
in the capture and delivery of the fugitive con-
trary to the love of justice and Of liberty These
proceedings have of course produced great ex-
element, both in the city and surrounding towns
and the question is asked by the lovers of law
and order, why all this preparation, this array
of force Surely not solely on account of SYM
patty with an unknown ignorant colored man.
year or more since, a man was taken from the
highest ranks of society, accomplished in science
and in taste, surrounded by an amiable family,
who have the sympathy Of every member of the
community. He was arrested upon no false pre-
fences, was tried and condemned in open Court,
with no chains enclosing it, and be was executed,
without the aid of single bayonet or weapon of
offence. Can q community who acted thus, and
in the case Of such a man condemned to death,
thus sympathize with a poor colored man con-
demned to slavery2 Is there not something be-
hind this--something stronger than death--to re-
quire 80 much force, and which must eventually
overcome this foroe2 Law is triumphant, as we
have seen. Can we be supporters Of law at one
time and not at anotherl Can lawmakers be
right in forcing such contradictions Alas il
not the law Of force substituted for the law Of
right and Justice which oil men ere so ready to
obey, and which needs no sodery, no bayonets,
for Its support7
Since the delivery of Sims, an investigation has
been held by a committee of the Senate of this
State, now in session, with reference to the al
|
officers of the City Government both in regard
to the capture and Imprisonment of Sims. This
law was passed in consequence Of the decision Of
the United States Court in the celebrated case
of Prigg, which absolved the States from any re-
sponsibility in the return of fugitive slaves, and
is as follows
"No sheriff, deputy sheriff, coroner, constable,
| taller or other officer Of this Commonwealth,
shall hereafter arrest or detan aid IN The arrest
| or detention or Imprisonment in any Jail, or OTHER
| BUILDING BELONGING 10 this Commonwealth or TO
ANY COUNTY, CITY, OR TOWN thereof, Of any person,
for the reason that he is claimed as fugitive sias"
A law was also passed by the State in 1897,
which was designed more fully to protect per-
sonsl freedom, and which is supposed to be suffi-
Gent TO protect persons claimed fugitive slaves
on the ground that Commissioners Court is
unconstitutional, and not court Of competent ju-
risdcton II is as follows;
aSec /. II any person s imprisoned, restrained
of his liberty, or held in duress unless IL be in
custody of some public officer of the law, by force
Of lawful warrant or other process civil or
criminal issued by a court Of competent jurisdic-
ton he shall be entitled, as Of night, to the writ
of personal replevin and to be thereby delivered
in the manner hereinafter provided"
"Sec 3. II shall be dUeaed 10 the Sheriff Of The
thereof and shall be served 6v ether 10 rhom shall
be delivered WITHOUT DELAY"
These laws. il is contended by a large number
of persons who are neither Abolitionists nor
Free Soil men, have been struck down and over
thrown by the operation Of the Fugitive Slave
Law. and the State as well as the General Gov
eminent are made instruments for slave. catch
ing. Thus State pride has become aroused, and
Thousands throughout the State have become ex-
cited on these questions, who have been hereto |
fore Indifferent
In his testimony before the Senate Committee,
Mayor Bipelow admitted that he gave the order |
to the military to hold themselves in readiness,
and at the expense of the city and also that he
gave the city marshal discretionary II not unlim-
tied orders The latter testified that he acted |
under the orders Of the mayor and aldermen, and
admits that the arrest was made aud the prisoner |
held by the city police, as the United States off,
GERS had neither the address, the cunning, nor |
the force necessary to effect the capture or delv
ery of any alleged fugitive. Ii Is clear, then,
that In this case the capture and delivery could
not have been effected but with the aid and direct
force of the City Government. The result Of
this investigation, therefore, seems to prove con-
clusyely that the laws Of the State are TO be sub
eryieut In all cases TO the laws OF the United
States; for here Is a law Of the State made in |
conformity TO a decision Of the United States
Courts, and therefore constitutional, overridden
by the construction Of law Of the United States
of doubtful constitutionaliy, TO say the least In
the Southern States, where State laws or To-
cal preadices prevail there 10 not the least diff
Guilty the State and the United States laws never
come into collision for the reason that the former
are always enforced, even when unconstitutional
md are always held to be paramount; but in the
~ orfheru Statea the yerv regard for Law In lead.
ing q great number Of persons to consider the
4 Question Of State Rights, and what powers were
conceded to the General Government In the origi.
nal compact and their own rights under It, The
Is, that the whole State Is becoming
rapidly revoutionined, and the excitement is e.
lending to all the New England States, II not
even 10 New York IL Is manifestly folly 10 con-
zeal the true state Of things 10 represent the
excitement as local. the numbers Of those who
are opposed to the Fugitive Slave Law as small,
FOR It's constitutiouality Is now as widely ques-
toned ns 1t Is ably and openly denied The
state Of public opinion In the cities Of Boston and
New York, so much influenced by wealth and
fashion, II not by selfnterest is no criterion for
hat Of New England nor 10 1t TO be judged Of
by votes entirely for numbers adhere to old
party lines, who are disguised with old party sub
,erviency. and know not where else to 20.
II has been proved, to be sure, that slave
,ould be sent back under the Fugitive Law by
The force Of public opinion In the city, which,
however, will only last until the rapid change
now going on In the public mind shall have made
! little further progress, and which every case OF
his kind accelerates beyond measure Then We
may see the very persons now upholding the
odious slave Law, changing sides, and assuming TO
be the champions Of liberty, while those who
L.. hs~t and tu "a NJ dav vi