Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-07-17

/ Cfs HyhinSt H. some oi lHc ltdulnH JUS
! titiratons which have been set up for
the use of tumult and violence against
the exc ulion OF the constitution aud
laws concerning fugitives from labor,
Some, who resist these provisions, at
tempt 10 excuse themselves under ve-
rv dangerous ass lmpiion in all cases
fjr personal assaults, that they are clear
" unconstitutional. ! am not aware.
that they have been so pronounced by
any judicial tribunal-the final arbiter
on most such questions. Nor do ] pro-
pose on this occasion, when no parties
in interest are before me, 10 discuss that
question. Beside this. n sufficient, and
| have no doubt, satisfactory rule exists
already Tor your guide upon it. The
Supreme Court aud the Courts ofsever-
al oflhe States, after full argument be-
tween parties, have held the act of 1898
to be constitutional and some Of the
latter since the act of 1850 passed, have
held the sane concerning this; and il
is Il well settled principle, too, that all
laws are by Courts and Jurics 10 be
pres umed and treated as Constitutional,
till the contrary is shown, or is adjudg-
ed by the Judiciary. We could not
transact business single day without
such principle. You have, then, a
plain rule on this topic, for your inqui-
ries and decisions. still leaving all ex-
ceptons on this ground hereafter to all
parties in interest for further discussion
aud ljudcation, where they may come
before the Courts TOR trial. Another
objection urged against them is, that
a. in oh tn nj m
ry to public opinion at the North-and
for reasons like these, may be disregar-
ded.
But if these allegations were true as
TO their strange or unpopular character,
the inference from them, ustiiying for
cble resistance, is neither legal nor de-
fencible.
The chief exception under this head
is that at the hearing to send back flu
gitive no trial by Jury is had. But the
acts forbid no such trial-nor is the tri-
al for the escape or for any rights con-
nectei with il required by the law-to
be without jury-but may he with one,
wherever and whenever in like cases il
is provided by the Constitution or the
common law. Ii is left by the practice
where the escape or offence was COM
mitted, as is the usual practice in all
cases, and the summary hearing TO send
back there n person escaped, has been
without a jury at that hearing, since the
first records of the common law-and
probably in every civilized governT ent
of the known world. The acts OF Con-
gress too il wrong in any respect are
open to any proper modification OH this
or other points-but there Is nothing
strange or unusual in them as they now
stand. And on the States allowing
thcm-however unpopular in some pla-
ces and however open TO future amend
ment, to be executed successfully, while
the laws remain in force, depends III
my opinion the continuance OF that con-
stitulion and the sacred union i, his
created Public opinion in majority,
in some large regions may have become
poisoned so as to continue TO use vio-
lence and justify it in resisting the con-
stitutlon and laws on this subject. Ii SO,
which is not 10 be believed I'll dcmon-
strated by results, it will be difficult if
not impossible TO succeed in Furnishing
the offence throughout, and then the
Union will probably ere long fall asun-
der, and all the horrors OF Il, dissolution
must burst on our aslOnished gaze.
But il the case be yet only that Of IL
small minority, possessing such views,
if most OF those who think badly OF the
law, think as badly of violent Resistance
ii majority intend to offer no iorci
Bile opposition, il being SO rash aud ho'-
tile to the whole genius oil our institutions
and TO the reign OF any laws and conslI-
tutions OH any subject-nor TO permit
such opposition 10y others to go unpun-
ished-lhere is hope lett. Tie Repub-
lie will be saved. There still may be
embarrassments by unfortunate acts OF
State legislation, but ii is hoped no, fa-
tai errors.
Ii is due to the present n-slavc-
holding States TO say, that no censure
can be cast on them for desiring the
Limitation and extinguishment OF slave
ry. But when carrying these natural
wishes into effect by legislation so far
as regards their own States, the difficult
~ has been for them to act only within
their own rightiul powers ana not in
conflict with the spirit OF their duties 10
the other States, the general govern
m mt and the Union. For if IeglsIating
So as to prohibit any State officer lin
private capacity. or in military statios
lowing duties as is often if not always
the case to the general government as
well as the State) from assisting 10 exc
cute process for the restoration OF iugi-
tves. il would transcend all lawful meas
,,r,, -, pr;ncipla Tho cbar;,, ble con-
struction of the existing statutes seems
to me, however. TO be that they intend
to punish state officers only when acting
as such officers, and not as citizens else
they would most unhapplly come in di-
rect collision with other aud permanent
acts Of Congress And citizens relying
on them and refusing aid, would iiud
themselves in a most perilous position
Mistakes on this subject sometimes arise
from not Distinguishing that a State
officer, who holds his commission from
the Sttte, and is accountable to it, may
not be obliged to perform official duties
for the General Government, from which
he holds 10 commission; whereas n cit
izen and officer rs q citizen, owes alle-
yiance and duties To both Governments,
and neither can cxonerote him from
what is due to the other; but when
each commands the requlsiiions OF the
genei al Government are highest, or par
amount. Indeed, in olden times, the
STRAIGHTFORWARD good faith Of our Fathers,
it Is believed, in every State in New
England, imposed All oath Oh every Off
Ger which is still taken, however full
.,l hH tp m