The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-06-09


know, on the bench of the Supreme Court Of the
United States. So says the unanimous opinion of
Massachusetts herself, expressed by good a
court as ever sat in Massachusettsits present Su-
preme Court-unanimously and without hesitation
And so says every body, eminent for learning, and
constitutional law, and good Judgment, without op-
position, without intermixture OF dissent, differ
ence Of judicial opinion any where And l hope
may be INDUCED this occasion, gentlemen
partly on account of high personal regard, and
partly for the excellence and ability Of the produc.
ton, to refer you all to recent very short opinion
Of Mr.. Prentice, the District Judge of Vermont
[Appause.l True, the before him did not
turn so much on the question of the constitution
ality Of this law, as the unconstitutionality and
illegaty, and utter inadmissibiIity, Of the notion
Of private men and political bodies setting up their
own whms their own opinions above it. on the
idea OF the higher law that exists somewhere be-
tween us and the third heaven. | never knew ex-
actiy where. Cries of "good" !" and laughter1
All judicial opinions in favor of this law ,
You cannot find man in the profession in New
York, whose income reaches thirty pounds year,
who will stake his professional reputation on an
opinion against it. If he does, his reputation is not
worth the thirty pounds. tRenewed laughter
And yet this law Is opposed-volently opposed
not by bringing this question into court these
lovers of human liberty-these friends of the slave
the fugitive slaves-do not put their hands in
their pockets and draw funds to conduct law suits
much lLaughter.l That is not the way they
show their devotion to liberty OF any kind. But
they meet and pass resolutions-they resolve that
the law is oppressive, unjust, and should not be
executed at any rate, or under any circumstances.
1t has been said in the States of New York. Mas
sachusetts and Ohio over and over again, that the
law shall not be executed. That was the language
OF convention in Worcester, in Massachusetts,:
in Syracuse, New York. and elsewhere And for
this they pledged their lives, their fortunes and
their sacred honor! [Laughter]
NOW, gentlemen, these proceedings saw il
upon my professional reputation - are distinctly
reasonable. Resolutions passed in Ohio, certain
resolutions passed in NewYork, and in the con.
ventions held in Boston, are distinctly REASONABLE
ana the act OF taking away Shadrach from the
puDllc authories OF Boston, and sending him off
was an act of clear treason | speak This in the
hearing OF men who are lawyers-I speak it cut
10 the country-l say it every where, on nv pro-
iesslonal reputation. 1t was treason, and nothing
else-that is to say, if men get together, and com
bine together, and resolve that they will oppose
law Of the Government, not in any one case, but
IN all cases-l say, if they resolve to resist the
law, whoever may be attempted to be made the
suhJ.ct oil it, and carry that purpose into effect by
resisting the application of the law in anv one case
e,ther by force OF arms or force of numbers that
sir, Is treason. Turning to Mr.. Webster. and
stamping with emphasis You know it we'll
Continuing 10 address Mr.. Spencer] The reso.
iuuon Itself, unacted on, is not treasOn-it only
pose is northumberland it is proclaimed that it will
be carried out in all cases-and is carried into
erect, oy force OF arms or numbers, in any one
case that constitutes of levying war gainst
t'ie Union, and, II 1t were necessary, might cite
IN illustrations the of John Fries convicted in
Washington's time, for being concerned in the
| whisky lnsurrecion in Pennsylvania Now, va.
rous are the arguments, and various the efforts 10
| 1ehoonce this law TO oppose lis execution - to
Keep IL up as question of agitation-and they are
IA he raI
aspect of such questions, when thew come befnrs
the public. And common thing it is TO saw thai
| me law is odious-that it cannot be executed ant
WIN not be executed. That has always been sal,
| ny tiose VINO do not mean it shall be executed
not by any body else. They assume the fact tina
IL cannot be executed, to make that true whic
1ney " wsh sai, shai all turn m ou. TO be true They wis
| nounce 10 all mankind that it cannot be executed
When public men, and the conductors of news
papers of influence and authority, thus deal with
the subject, they deal unfairly with it, Those who
have types at command have a perfect right to ex-
press their opinions; but doubt their right to ex-
press opinions as facts doubt whether they have
rlght TO say-not as matter of opinion, but of
iact-lhat this particular law is SO odous here and
elsewhere, that it cannot be executed. That only
proves that they are of opinion that it ought not
that they hope it may not be executed They do
not say, " See if any wrong is inflicted on any
body byit hope TO find in its operation no wrong
or injury to any body Lntns give it fair expert
ment." Do any of them hold that language (!
Not one. " The wish is father to the thought"
Ihey wish that it may not be executed, and there
lore they say II cannot and will not be executed.
That is one of the modes of presenting the case to
the people; and, in my opinion, it is not quite a
fair mode of doing ii. There are other forms and
modes-and | might omit to notice he clustering
abolition societies of Boston and elsewhere as un-
worthy OF regard-but there are other forms more
insldious, and equally efficacious; there are men
VINO say. when you talk of amending that law,
that they hope it will not be touched. You talk of
attempting it, and they dissuade you. They saw
" Let It remain as obnoxious it can be, and so
much the sooner will disgust, and be detested by
the whole community"
l am ashamed to say that such sentiments have
been avowed by those in Massachusetts, who ought
TO be utterly ashamed-utterly ashamed-to utter
such opinions. For, what do they mean? They
mean to make the law obnoxious--so obnoxious
that shall not be executed But still they suggest
no other law-they oppose all amendment-oppose
dong anything that shall make it less distasteful
What do they mean They mean, and they know
IT. tnat there shall exist no law whatever for carry
ing into effect this provision of the Constitution of
the country If they can prevent it. They wish to
strike it QUITO annul it. They oppose it in every
possible form short of PEI sonal resistance, or in
curing personal danger, and to do this, they say
the worse the law is the better. They say we now
have topic, and for mercy's sake do MT amend the
horrible law Of 1850. [Laughter.l Then, again,
they say, We are for an eternal agitation and
discussion OF this questionable people cannot be
bound by it. Every member of Congress has the
right to move the repeal OF this as well as any
other law" Who does not know this? A MEM
ber must act according to his own discretion. No
doubt he has right tomorrow, if Congress were
IN session, to move repeal of this fugitive slave
law; but this takes with it another. He has Just
as much right to move to tear down the capitol,
until one stone shall not be left anotherjust as
much right to move to disband the army, and to
throw the ordinance and arms into the sea. He has
Just as much right to that all the ships of war
OF the United States shall be collected and burned
an illumination like that which lit up the walls of
ancient Troy. He may do any of these things.
l. ne question is, is he prudent, wise-a real friend
OF the country, or adverse to it? That is all. And
greater question lies behind-will the people sup
port him in it? Is it the result of the good sense
of the Northern people that the question shall have
neither rest quiet, but shall be constantly kept
up as topic of ag iaton cannot decide this ques-
ton for the people, but leave them to do So And
now, gentlemen, this is a serious question:
whether the Constitution can be maintained in
part and not in whole whether those interested
IN the preservation of part of it, finding their
interests in thatparticuar abandoned are not likely
enough, according to all the experience of human
ieehng, to discard that portion which was intro
duced, not for their benefit, but for the benefit of
others! That is the question. For one, confess
do not see any reasonable prospect of maintain
ing the Constitution of the United States unless
we maintain 1t is whole-impaItially, honorably,
patriotically. Gentlemen, am OBTAINING you too
long, but allow me few words on another subject
The Constitution of the United States consists
in series of mutual agreements or compromises
one thing being yielded by the South, another by
the North the general mind having been brought
together, and the whole agreed to- as have said,
as series OF compromises. Well, gentlemen,