The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-01

when the state should call them together
Union. That gallant State-the State of
South Carolina, which had produced, in proportion
to her population, as many distinguished statesmen
as any in the Union-which had illustrated her
character for bravery, well in the battle fields of
the Revolution, as in modern days-was on the
verge of secession God forbid that she should eve
psss the limits Of discretion and wisdom (applause)
But he stated the facts as they were; and yet We
heard Gov. Johnston and others say that there was
no danger ola dissolution Of the Union. How was
it in regard to the other Southern states! He
believed there was to be found there large ma
jority in favor of the Union but then, in fifteen of
the Slave States although in favor Of union they had
pronounced, in Convention or otherwise, that they
were so just long as the Fugitive Slave law was
States No question about that. All will be peace and
quiet in the country, if the law be carried out. But
let it be repealed, or essentially modified, to-mor-
row, and then the whole South, without exception
of party or sect, would violate their most solemn
pledges, if they did not attempt to 60 out of the
Union. Now, what did we find here the other day!
A resolution was offered by respectable whig, in
convention, that strict adherence to the Fugitive
Slave law ought to be insisted upon by the people
Of Pennsylvania. And yet that resolution was voted
down by a vote of more than two to one. These
prophets were crying peace, peace, when there
was no peace. The Union was in danger, if We
were to believe fifteen States of this Union. He
wanted to explain to them what the Fugitive Slave
law was-for it had not been much dwelt upon here.
Our forefathers formed the constitution of the
reign and independent States. 1t was q solemn
league and covenant among sovereignties Now,
we all know that if articles OF partner.
ship were entered into between men, if one
Of the parties to il broke his agreements, the
other could release himself from them, if he
pleased. Now, the greatest difficulty that occurred
In forming the constitution was this very subject
slavery. The Southern States said, our property
consists in slaves We cannot enter into partners alp
with you unless you pledge yourselves to secure i
to us, for slave may run away from his master,
and 60 into free State, and consequently be los
to him. In order to meet that objection, our fore
fathers, in an heroic age, who understood thei
duty towards all Their fellow men, made bargain
with their brethren of the North, running in these
words =" No person held to service or labor in
one State, under the laws thereof, escaping into
another, shall, in consequence of any law regula
ton therein be discharged from such service labor
but shall be delivered up on claim of the party to
was the bond, signed, sealed and delivered by the
parties. You won't break it-you won't cancel it.
If you do, the other side (Mr. B. asserted) would
Psd out the 5 game S Nsy well d
Of this clause of the constitution, act Of Con-
gress was passed in l793-the Fugitive Slave law
of that day. 1t was signed by George Washin gton,
as President of the United States and John Adams
as Vice President, and passed without any serious
objection. 1t contained a provision that master,
or attorney for him, could carry the slave before
any Judge Of the United States, or before any
State Judge, or magistrate; and, proving that he
had run away, certificate was given, and the man
wa, returned. That was the law of 1893, and was
in force till the abolitonists arose in 1884. For
more than forty years all peace and tran
quillity throughout the Union. This spirit
Of abolition and fanaticism-honest fanatics n
had shed more blood, been guilty of more
tyranny, perhaps-he was going to say-than even
despotsm itself. But, the foul spirit of abosionsm
arose in lSi2-when, he believed, it was the Su-
preme Court Of the United States decided that
these State magistra es were not bound to execute
the laws Of Congress- and that the federal govern
ant AMIR IN AtntA ASaA
their Sn laws. And then came the act of 1871
our act Of lsf7-by which it was declared penal
offence for any magistrate to execute this act Of
Congress, which had been signed by Washington,
and countersgned by Madison Then what, be
would ask, was the consequence There was only
one magistrate or judge in Philadelphia who could
execute the law, and one also at Pttsburgh-being
only two in Pennsylvania. And this was the reason
and necessity that were imposed upon Congress to |
pass this much abused Fugitive Slave law. 1t was,
In fact nearly the same as the act of l193 except
1t substituted Cnted States Commissioners instead
of Justices of the Peace under State authority. |
That was all And what mighty noise had been |
made about this law 1t was nothing but tran
script of the provision of the Notwithstanding
but authority to carry that constitution into effect
And all the terror, and all the alarm which had
been attempted to be created throughout the Union
had arisen from the simple fact, that the old law |
was altered so that United States commissioners
should take the place Of justices ofthe peace under
the authority Of State. Now, he would enquire |
whether the South had not a right to insist upon |
the faithful execution Of the Fugitive Slave lawl
Why, until the act Of September, 1880, was passed.
every fugitive who could cross the ne escaped into
the interior; and the man was bold man who at
tempted to pursue him, because he was sure to be
followed, insulted and beaten wherever he went.
And the question now was, whether we should exc
cute this Fugitive Slave law in good faith towards
our Southern brethrenl Shall we hesitate a mo-
ment in deciding that question! Shall we execute
the law faithfully, or shall the Union be d,solyedl
Shall we carry into effect the constitution, or shall
We jeopardize al the blessings we enjoy under
the Federal Union But our State, (said he)
bad gone little further Why, we had passed
law that the fugitive should not have the of our
ails Now, he would say that this was a law in
iirect violation Of the spirit Of the constitution.
The government Of the United States had treaties
with England and other countries, in which we
'ther government. We seized foreign criminals in
his country, and handed them over to the country
claiming them, for trial and punishment; and if
We refused to detain them in our jas, foreign go.
might call upor US for an explanation Of
ur reasons for violating the treaty. And was it
ossbe that were so hostile to the people of the
,outn, tnat we would not grant them the same jus
ice that we would grant to a foreign govern
nent, in regard 10 a fugitive from justice that
We Should say 10 them, " You shant have the
Ise Of jails - He regarded it as a petty
pite. The goverrmen, Of the United States
have no iails. They have trusted the different
to the comfy ofihe several states
In 81, as ne had already said this act passed de-
'riving them Of the use Of the jails and when de-
nOcratic Legislature passed an act 10 repeal TINS
law, Governor Johnston-he (hr.
wished 10 speak with all respect Of him
placed the law in his pocket, and thus put at de-
lance the will Of the people. And now the great
question before them was, whether the Governor
vas right in violating the constitution and thus en-
lingering the Union or, in other words. whether
he people were in favor Of the Union, or whether
hey we're disposed TO the risk Of its being dis
olved Ii had been said that there was danger Of
Ijdnapping under the Fugitive Slave law. Now,
Who ever heard of a kdnapper bringing n poor
lave into custody, in the face of day. with the Argus
yes Of the people upon him : No; the kidnapper
vent at the midnight hour, when be seized his vic
i'm and hu6dled him away But he never
vent 70 q judicial officer for certificate.
Md these were men who talked about trial by jury
being granted a slave. Now, grant trial by jury
n TIE state Of Massachusetts, to a slave, what
.hance would the master havel Every slave that
nnA ham rnclairnad thnrn mad his IN