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

Senate which he lost to seinvigorate his system in
the waters Of Newport, and his able associate, as
fugitive from the Justice of Mssa chusetts eseaned
into the cabinet of President Fillmore, that the
several bills on the subject Of slavery in the United
States separately passed into laws. Each Of them
must, therefore, now stand or fall by itself
Again, we are told that the union Of these States
is in danger. This information comes to me, ut
least exclusively from politicians and merchants,
engaged in a particular branch Of business. With
out intending to say anything in the least disres-
pectfu Of either Of these highly respectable classes
of traders, cannot overlook the fact that they
both seeking Southern support Their interests,
therefore, may misead their judgments, and GER
tainly their anxiety may magnify, if not make the
danger 20 far as know the feeling of the North,
there Is n universal devotion to the Union, and
general willingness to secure to the stakeholder his
full constitutional rights believe the devotion to
the Union is almost equally universal at the South.
The signal failure OF the two Nashville Conventions
1.-THE moderated tone of Georgia, Alabama, and
Mississippi-the loyalty, wisdom and patriotism Of
Virginia, North Carolina, Texas Kentucky, Loui-
sana and Tennessee-all serve to show that the af-
lection for the Union, which ought to be the CON-
mon sentiment OF every American, and the brother
ly love and mutual respect that should cement it,
are limited TO no section, but pervade the entire
republic. There are, and have been two unions in
danger which alarms the aged politicians refer
to the union Of national wings and the union of ma
tonal democrats, Those two organizations have
been shaken, if not dissolved by the agitation of
the slavery question, and those who derive conse-
quence or livelihood from either have been ma
turaly alarmed at the danger to these unions. But
the Union Of these states, in my humble judgment,
has never been in danger since 1892. | distrust po-
htical pancs, and Washington cries of alarm. /
appeal from the fevers and fantinp mt the Cnpitol
to the sound health and steady pulse of the matte
There Is Is not farmer, or mechanic, or laboring
man in the United States, in my Judgment that
believes the Union in danger. appeal from the ar
tcial heat Of partisan orators and writer's to the
more certain Thermometer OF Wall street ITpitad
states stocks, during all the alleged danger to the
Union, have stood firm or advanced. But there is
no need Of producing this evidence. Those who
have assumed monopoly Of saving the Union,
believe now concede that it is out Of danger-they
find leisure now to save themselves.
But must bring this unreasonably long commu-
nication to close. l have availed myself Of this
occasion to discuss the consitutonality of the Act
concerning fugitiyes. / have treated it as the
constitution treats it, altogether as question of
property, wholly emitting to advert to the ques-
lions OF humanity and freedom, SO intimately con-
nected with it. / have assigned the reasons why
think it unconstitutional, without stopping to con-
slider how IT shocks every notion ofustice and right.
l do not believe there is civilized country on
earth, that would now enact such law. | do not
intend to confine this remark to governments which
permit trial BY jury, to free governments,
to Christian governments, but design to say
that no civilized government would tolerate the
seizure and subsection to bondage of one of its ct
zens or subjects, in the mode that this law allows,
II it does not invite. But have referred altog
to its unconstitutionality. How are its consequen
ces to be avoided? So far as this is to be done by
legislation, 1t seems to me the remedy is with
the State Legislatures. An excellent bill for that
purpose has been introduced into our Assem-
bly,, by. Mr.. Coffin, of Otsego; and | trust
1t may become law. 1t does not presume to
legslate for fugitive slaves. 1t protects the free
inhabitants of our own State, and presumes all
the inhabitants to be free.
Other States, WILL Of course, legslate as they
deem wise In the meantime, every individual
should determine for himself, what respect he Will
pay to the act of Congress in question There is
distinction between an unjust and unconstitutional
law. The former must be obeyed till it is repealed
Nsobedience to the latter is frequently the only
mode OF testing its unconsttutionaty. A distn-
guished advocate Of our State, the Judge of one of
our Oldest and most tranquil counties, recently
adopted this mode Of testing the constituionality
OF city ordinance. 1t is far from my wish to offer
any advice to others upon this subject | have al
ready said, that the law applies to persons of all
eolors, and to services of every kind, and would
simply add, that if should be seized under this
law, ! should resist il with all the means could
NEW YORK, April 4, 1851 ]. tiS Bcrrv.
IHE LATE SHOOTING AFFAIR AT MoBuE.-The
Mobile 1't6uae, Of the Sd inst, publishes the fol-
lowing card from a Andrews, who is under arrest
Having voluntarily surrendered myself to
answer supposed violation of the law, growing
out OF my recent rencontrc with Mr.. James A.
all the circumstances connected Herewith. | have
had no acquaintance whatever with MIR. Donald
son, and cannot but feel profound regret that our
first meeting should have ended sadly. Gladly
would have avoided it, but feelings over which
could exercise no control, the feelings of an in
suited and wronged husband and father impelled
me. Some time since n letter signed Byron, was
delivered to my wife by servant in Mrs. Ierberts
house, where we then boarded. This letter con-
tanned dishonorablc overturcs TO my wife Under
apprehension that il might lea TO violence il was
informed Of it, she withheld all knowledge of its
receipt from me, but exhibited TO several persons
staying in the house. The fact subsequently came
to my ears, and feeling Justly incensed at this at
tempt to corrupt the mother of my children, |
determined If possible to discover who the writer
was. Being unable to trace him in any othes
mode, prepared note which compelled my wife
to copy and sign by an assumed name, aud adj
dressed IT, as the letter to her had requested and
had II delivered to the servant who had brought
that letter to my wife. In the letter sign Byron,
the writer stated that IL he received reply. the
correspondence could be carried on through the
post Office his letters to be addressed TO Ellen NJ
Turner and my wifc's to be directed to Byron. In
accordance with Byron's plan, he immediately re-
pied TO my wifcs answer TO his first letter, which
reply received from the post Office. To this |
Framed an answer addressed to Byron, which |
compelled my wife to copy, and which copy placed
in the post office. ! then spoke to gentleman
employed IN that office, to ascer.an for me who the
person was that might call for such letters. Two
or three notes passed in this manner between my
wife and Byron. A day or two before the rencoun-
tire between MIR. Donaldson and myself | wa, in
formed by the gcntlem IN before mentioned, that
Mr. Donaldson had called for and received the let
ters addressed to Byron. This discovery very
naturally esasperatcd me, and although | was
most anxious TO chastisc the man who was thus
seeking TO disgrace me, was yet unwilling TO
incur the hazard Of mistake and thereby possibly
wrong an innocent person. Being solicitous to
guard against this. dctcrmns al to watt until tho
proof was conclusive To obtain this | caused my
wife 70 meet the person calling himself Byron at
the place designated by him IN his last letter.
thus became satisfied that Mr.. Donaldson wa, the
man Finding him in company with my wife, and
conducting her rs he had stated IL his intention,
TO an designation house, could no longer command
myself, and ut once approached him, seized him BY
the collar, demanded that he should "accoint for
bis conduct, and struck him with stick | had in
my hand. lie thrust his hand in his bosom, and
surro-ing that he was in the act Of drawing
weapon, ! drew a pistol and shot him Previous
10 my attack, | had no thought Of using such
weapon; my object was TO cane him for the insult
he had offered and nothing bu, the excitement in
which ! labored. and the belief that he was about