The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-06-03
From the Boston Iranscript.
The Peace and Dignity or tho Common
wealth.-NO. XXI

ceived note from Mr.. Richard II. Dana, jr.,
stating that he neither prepared nor approved
the resolutions offered by him in Faneuil Hall i,
October ID. 1850; that they were sent to him
for his opinion previously, and returned with
his decided expressions Of disapprobation T"
that, at the meeting, these very resolutions
were put into his hands; and that, not sup
| posing them to be the same, and the reading
being earnestly called for, he proceeded to offer
| and read them.
Mr.. Dana also states that, although opposed
| to the Fugitive Slave law, he has always been
opposed to forcible resistance. Let us proceed:
| On the morning when Sims was carried off
| flag was put forth from the stronghold of
treason. where the Commonwealth newspaper
| is published. That flag was dressed in half
mourning, from which some of our law-abiding
citizens vainly fiattered themselves that the ed
itors were half dead. The citizens were mis-
| taken-fieas are vivacious creatures.
| How true it is that political fortune-hunters
are often left, at last, in the predcament of the
| tabled ass, between two bundles of straw. The
| presence OF our worthy mayor, as one of the
| guard Of Sims to the wharf, was noticed by the
editors Of that paper in capital letters. They
have long cherished the belief that at heart he
was with them; and even now there are some
| so uncharitable as to believe that, in the per-
Torrance of his duty, his necessities and not his
will consented. Without those aldermen, what
time we should have had of it!
| After signing innumerable papers and swear
ing to them all before Justice Sewall, after the
justice was let out of the watchhouse, Sims
lost all patience. He had seen with his eyes,
and heard with his ears, how powerless and
insignificant his abolition lawyers appeared in
the presence of Judge Woodbury.. At last he
saw through the humbug-looked upon Mr..
Justice Sewall as a nincompoop-swore he
| would swear no more-and fatty refused to
| sign any more Of his papers.
! From the time of the arrest of Sims to the
moment OF his delivery on board the vessel,
| the conduct of Mr.. Francis Fukey was unex-
ceptionable. He has deported himself like a
! good citizen and an honest man; and, in such
shufiling times, this is no ordinary praise. His
duties, upon this occasion, have been, for seve-
! raj days and nights, more arduous and unremit-
| ting than can be well comprehended by those
who were not present. Mr.. Marshal Turkey is
entitled to the thanks of every good citizen who
is in favor of preserving the peace and sustain
ing the dignity of the Commonwealth.
The present moment is as fitting as any other
for the few remarks which proposed to offer
in relation to the mayors power to command,
and the marshaPs duty to obey, in regard to
to have existed.
The city marshal is appointed by the mayor
and aldermen, and gives bond, with sureties, in
the sum ofone Thousand dollars for the faithful
performance of the duties of his office.
Let us now inquire from what sources the
city marshal derives knowledge Of his duties.
1t is his duty to s'obey and execute all the COM
msarsds and orders Of the mayor and aldermen
IN relation to any matter or thing in which the
city may be IN any aviSe concerned or interest
ed." ms UGH cases he must obey the mayor
and aldermen. But should they command him
not positively TO do particular act, but neg
atively to omit the doing of particular act,
which he has s,oorn by a solemn oath to per-
form, is he to obey their preposterous command,
or regard the solemn oath he has taken2 No
man can hesitate here. One would as soon be
dog, and, as Mrs Darlington would say, obey
the moon.
Suppose Earle, of Worcester, the friend and
confidant of our worthy mayor, had committed
murder in State street, there is nothing more
amazing In the superstition than in Earle's
triumphant announcement Of the mayors as
surance that no fugitive slave should be carried
away from Boston, which assurance, if effectu-
ated by an assembloge, would have been trea-
son--a still higher crime in the eye of the law.
Suppose the mayor and the marshal to have
been present at the commission of this murder,
and that the mayor, seeing II tcas his friend
Earle, had commanded the marshal to suffer
the murderer to escape, and the marshal had
obeyed; who would not exclaim at the abb
surdity and wickedness of this ?
Here then is higher la,c--whose precepts
are not to be discovered by the dim light Of
every mans erring conscience in his own par
ticular case, but truly higher laac--the writ
ten la,o Of the Commonwealth, and the recorded
oath Of the marshal. For the marshal not only
gives bond as city marshal, but he gives an
other bond, and takes an oath as constable
under the laws of the Commonwealth. "The
said city marshall" say the ordinances, page
272, "shall also be appointed constable of the
city, and shall take the oath and give bond &C
cording to law" It is not less true that the
laws of Massachusetts must give way, if re-
pugnant to those of the United States, than
that the commands of the mayor must give way
il repugnant to the laws of Massachusetts, A
mob is collected for the manifest purpose of
preventing the execution of law of the United
States. The son of the commissioner, whose
office is surrounded by this mob, requests the
constable-marshal to dispense that mob-a de-
putty sheriff asks the constable marshal why he
does not dispense that mob. He replies that he
has positive orders not to NEEDLE with the mat
ter. The mayor, in violation of his oath to
support the Constitution of the United States,
and in keeping with his assurance to Earle,
had predetermined that Graft should be rescued
if the mob would rescue him. Was it the duty
of the constable-marshal to obey the mayor?
Assuredly not. His allegiance to the State is
paramount to his duty to obey command to
do that which he cannot do without violation
Of his oath to keep the peace. The laws of the
Commonwealth and his oath enjoin it upon him
to suppress unlawful assemblies; the mayor
commands him not to NEEDLE with the matter
1t may not be amiss to test this question in a
pleasant way. Suppose the marshal had said
to the mayor, "Mr. Mayor, | am sorry to mar
your projects with the Free sellers, but must
respect my oath and the laws of the Common
wealth to keep the peace" Suppose he had
dispersed the mob; does any one imagine that
our worthy MAYOR Unlld haxe dare To com