The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-29

slavery within its limits, like provision was intro
duced to restore fugitives from labor to other pos
tions Of the Union.
1t deserves special notice, that the principal in
yolved in this restoration, severely censured,
the reputed author Of that ordinances New Eng
land man, and foe to slavery. In l7SS too, by
the provision as TO this in the constitution, our
fathers did not establish involuntary servitude. As
We have just seen, it had for several generations
been established here by others Nor did they un-
dertake to regulate the internal institutions of each
other, by interference, founded on their own alb
stract notion Of what equal right, but left to
each State, in its due soveregnty-as they should
and must-the regulation of its own domestic con-
Germs, without settling at all the grounds for or
against the original legality Of such property in
men Of any color condition. They merely al
lowed it to be returned whence it came and, the
ordinance Of 1857 had done before, gave assurance
to deliver it up for that purpose II is to carry out
this plain constitutional duty this provision, which
we and our fathers acoeded to, and have sworn to
fulfil, that the two acts Of Congress were since
passed, which assaed of late by such
sure, and which some of the community in this cir
cult most unfortunately have been invoked, and even
induced, to resist with unwarrantable violence. But
how little ground exists for harsh or infammatory
opinions as to the origin Of these laws, and much
less for opposition, by force and roous assaults
the ministers of the law, while executing them, is
very manifest from the whole history OF the past to
which we have just adverted.
Without entering into the question Of abstract
rights, but recog nizing the property claimed by
others elsewhere in this class Of persons, done
through various parts Of the constitution, and So
Iemniy engaging as we have to aid its restoration
when escaping-we did only what the fraterna feel
ings of all lead them to do, without constitutional
engagements and oaths, rs to other property, that
is, to aid friends and neighbors in regalnng it, if
lost-shouldi it escape into boundaries. And if
that property existed in the service of even white
minor child white apprentice, it often does, it
would be no less just and right to assist in its
very, both at the South and the North-when APP
pealed TO by kindred blood and kindred union
and glorics of the past.
These reciprocal duties must also be discharged
by deeds, as well as words-boldly, faithfuy-with
true loyalty to the Union, and not with evasion or
procrastination. For if the promise is kept only to
the and the pledges Of the constitution not full
filled honorabiy IN acts to others, how stand
erect as moral, honest and manly people,
pect that the benefits of that constitution will be
continued to ourselves in other respects-to our
merous privileges under it as to our commerce and
rights-abroad as well as at homeland III war. as
well as in peace
1t is due to the occasion and an act ofiustice TO
those who are supposed to be under erroneous i'm
pressions on this subject, to consider, besides the pre-
JUDGES against it, of the leading justications
which have been set up for the use Of tumult and
violence against the execution Of the constitution
and laws concerning fugitives from labor.
Some who resist these provisions, attempt to ex-
cuse themselves under very dangerous assump-
on in all for personal assaults that they
clearly unconstitutional am not aware that they
have been so pronounced by any judicial tribunal
i
propose this OCCASION when parties in interest
are before me, to discuss that question. Besides
this, sufficient, and have doubt satisfactory
rule exists already for your guide upon it, The
supreme Court and the courts OF several of the
States, after full argument between parties, have
held the act of 1893 to be constitutional and
of the latter, since the act Of 1850 lassed have held
the same concerning this and j: is a well settled
principle too, that all laws are by courts and uries
to be presumed and treated constitutional, till
the contrary is shown, or is adjudged by the judi
ciary. We could not transact business a single day
without such principle. You have, then, a plain
rule on this topic, for your inquiries and decisions,
still leaving all exceptions this ground hereafter
to all parties in interest for further discussion and
adjudstion, where they may come before the courts
for trial. Another objection urged against them is
that they strange in character-contrary to
public opinion at the North-and for reasons like
these, may be disregarded.
But if these allegations we're true as to their
strange unpopular character, the inference from
them rstfying forcibc resistance, is neither legal
nor deiencbe.
The chief exception, under this head, is that at
the hearing to send back fugitive, trial by jury
IL had. But the acts forbid such trial-nor is the
trial for the escape for any rights connected with
it required by the law-to be without jury, but
may be with one wherever and whenever, in like
cases, 1t is provided by the constitution the
mon law. 1t is left by tho practice, under these
acts, to be at the place where the escape offence
was committed as is the usual practice in all cases,
and the summary hearing to send back there per-
son escaped, has been without jury Mt that
hearing since the first records of the common law,
and probably in every civilized government Of the
known world The acts Of Congress, too, if wrong
II any respect, are open to any proper modification
on this or other points, but there is nothing strange
or unusual in them as they now stand A ad on the
States allowing them-however unpopular in some
be executed successfully, while the laws remain in
force, depends, in my opinion, the continuance Of
that constitution and the sacred union it has created
Public opinion in majority, in some large regions,
hax haOr. al
violence, and justify in resisting the constitution
and laws on this subject. IL 50, which is not to be
believed till demonstrated by results, it will be diff
feul, il not impossible, TO succeed in Furnishing the
offence throughout, and then the Union will, pro-
baby ere long, fall assunder, and all the horrors
Of it, dissolution must burst astonished gaze.
But If the case be yet only that Of n small mi
nority, possessing such views, If most Of those who
think badly Of the law, think badly Of violent
sistance-if majority intend to offer forcbe
opposition, II being rash and hostile to the whole
genius Of our institutions, and to the reign Of any
laws aud constitutions on any subject-nor 70 per-
init such opposition by others to 60 unpunished-
there is hope left The republic will be saved.
There still may be embarrassments by unfortunate
acts OF State legislation, but, 1t is hoped, not fatal
errors.
1t is due to the present nonslaveholding States
to say, that no censure can be cast on them for
desiring the limitation and extinguishment Of
slavery. But, when carrying these natural wishes
into effect by legislation, so far as regards their
own States, the difficulty has been for them to act
only within their own rghttul powers, and not in
conflict with the spirit of their duties TO the other
States, the general government, and the Union.
For, II legislating so rs TO prohibit any State officer
IN his private capacity, or in military station,
lowing duties, rs Is often, IL not always the case,
to the general government as well as the State,)
from assisting TO execute process for the restora
ton of fugitives, it would transcend all lawful
measures in principle. The charitable construc-
ton of the existing statutes seems 70 me- however,
to be, that they intend to punish State officers only
when acting AZ such officers, and not citizens;
else they would most unhappily come in direct
gress. And citizens relying on them, and refusing
aid, would find themselves in most perilous po-
sition. Mistakes this subject sometimes arise
from not distinguishing that State officer, who
holds his commission from the state and Is account
able to il, may not be obliged TO perform oiiicia
duties for the general government, from which ha
holds no commission; whereas n citizen and officer
M "a rittypp. owgS nllaOi,nca anI iu,;os - LN,h