Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-12-19
:Inaae Grier,s Charge.

Speaking OF the conStitutlonaiity ol tue fugitive
Slave Law and the moral and political necessity for
its enforcement, he says:
The learned counsel for the prisoner. having due
regard for the high character which they sustain In
their profession have not made the objection to this
law which has been so DANGEROUSLY urged by many
presses and agitators, that it is unconstitutional
1t is true ecclesiastical assemblies in the north
treating 1t, presume as question OF theology or
orthodoxy. have ventured to anticipate the decision
of the legal tribunals on this subject. But highly
respect their opinions all questions proper
ly within their cognsance We cannot receive their
decisions as binding precedents questions arising
under the constitution
The Constitution enacts that ''n person held to
service or labor in State under the laws thereof
escaping into another SHALL in consequence of any
law regulation 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 This is the supreme law of the land, binding
not only the respective States as such, but on the
conscience and conduct of every individual citizen
of the United States. 1t is we'll known that. with
out this clause the assent of the Southern States
could never have been obtained to this compact of
Union. And if contrary to good faith, it should be
practically nullifed-if individuals or State Legis-
latures in the North succeed in thwarting and
obstructing the execution of this article of
federation and the rights guaranteed to the South
thereby, they have right to complain if the peo-
pie of the South should treat the Constitution as
virtually annuled by the consent Of the North. and
seek secession from any alliance with open and
avowed covenant breakers.
Every compact must have mutually it must bind
in all its parts and all it's parties it binds
Those States in the North whose legislation has
made it penal offence for their judicial and execu
tive officers to lend their assistance in the execution
of this clause of the constitution, and compels them
to disregard their solemn oath to support it. have
proceeded far and perhaps, farther in the path of
notification and secession than any Southern State
has yet done.
The Judge then reviews the Law of 1850 as COM
pared with that of 1893 and afrms that the law of
last year provides more safeguard against abuse
than that of 1913, but that the real ground of oppo
silion to it is that in it be executed and
the constitutional rights of the master in some mea-
sure preserved
The law and evidence in the case before the court
is then examined and the principles of construction
applied to it as follows:
In the application Of these principles of construc-
ton to the before US, the jury will observe that
the levying Of war; against tie United States is
not necessarily to be judged Of alone by the number
or array of troops. But there must be conspiracy
to assist by force and an actual resistance bv force
of arms or intimidation by numbers. This conspra-
cy and the insurrecton connected with it must be,
to effect something Of public nature, to overthrow
the government. to nullify some law of the Unit
ed States and totally to hinder its execution,
ply its repeal.
A band of smugglers may be said to set the laws
at defiance and to have conspired together for that
purpose and resist, by armed force, the execution
of the revenue laws they may have battles with
the officers of the revenue in which numbers may be
slain both sides and yet they Will not be guilty of
treason. because it is an instruction of public
nature. but merely for private lucre advantage.
A whole neighborhood of debtors may conspire to-
gether to resist the Sheriff and his officers in e1ecut
ing process on their property-they may perpetrate
tIoS.p n IL
Ger and his assstants-and yet they will be liable
only as felons, and not traitors Their insurrec-
ton is of private not of public nature their OBJ
iect is to hinder or remedy private not public
grievance.
number of fugitive slaves may infest a neigh
borhood and may be encouraged by the neighbors in
combining to resist the capture of any of their
Der they may resist with force and arms their
ter or the public officer, who may come to arrest
them they may murder and rob them; they are
guilty of felony and liable to punishment but not
traitors. Their insurrection is for private object
and connected with no public purpose.
1t is true that constructvely they may be said to
resist the execution Of the fugitive slave laws but in
no other than the smugglers resist tie
laws and the ant-renters the execution laws. Their
insurrection their violence however great their
bers may be. SO long it is merely to attain
personal or private end of their own cannot be call
ed Ierying 1rar. Alexander the Great may be class
Ell with robbers by moralsts, out still the political
distinction will remain between and robbery
One is public and national the other private and per-
sonal.
Without desiring to invade the prerogatives of the
jury in judging the facts of this case the court feel
bound say that they do think the transaction
with which the prisoner is charged with being con-
nected rises to the dignity of treason levyng of
war Not because the numbers or force was INSULT
cient. But, lst for want of any proof of previous
conspiracy to make general and public resistance to
any lar Of the United States.
I 2ndly. There is no evidence that any person con-
cerned in the transaction knew there such Acts
| Of Congress as those which they are charged with
conspring to resist by force and arms or had any
other intention than to protect one another from
what they termed kdnappers. (By which slang term
they probably included not only actual kidnappers
but all masters and owners seeking to recapture
their slaves, and the officers and agents assisting
therein.)
The testimony of the prosecution shows that no.
tce had been given that certain fugtives pur-
sued, the riot, insurrection tumut whatever you
may call it, was but sudden - conctGmdt'o or run
ming together, to prevent the capture of certain of
their friends companions, or to rescue them if
rested Previous to this transaction far as are
informed, no attempt had been made to arrest fugi-
tives in the neghborhood under the act of Con-
gress by public officer Heretofore arrests had
been made not by the owner in person his agent
properly authorised by officer of the law
individuals without any authority, but melted by
cupidity and the hope of obtaining the reward offer
ed for the of fugitive had heretofore under
taken to seize them by force and violence to invade
the sanctity of private dwellings at night and insult
the feelings and prejudices of the people 1t is not
to be wondered that people to such inroads
should consider odious the perpetrators of such
deeds and denominate them kidnappers-and that
the subjects of this treatment should have been en-
couraged in resisting such aggressiOns, where the
rightfu claimant could not be distinguished from the
1Aroo hon rhakI1