The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-09
abe United States Commissioner and the
Fugitive Slave Mob IN Boston.


Fugitive Slave Mob In Boston.
The L nited States Commissioner for Boston has
written the folio wing letter relative TO his course
with regard TO the late fugitive slave mob in that
city, and which has been commented on by writer
In the Boston -ittas-
IN an article in The atlas Ct Tuesday last, the
issuing OF the Presidents procama iion after the
not here in the court house. and the whole action
Of the government, is imputed to Geographic
despatch sent by me 10 the Secretary of State. in
which expressed the opinion that the rescue was
d case OF ''levying war s" The writer Of the gri.
Gle asks, Does this negro mob come within this
class of cases Mr. Curtis says ii does, and the
government act upon the suggestion. Such con-
clusion gives dignity the case, but il does gross
injustice to the people of Massachusetts, and it
seems TO US due 10 their character that such sug
gestiou should receive just rebuke. "
Called IN this manner before " the people OF Mas
sechusetts TO receive just rebuke, il will not,
perhaps, be thought improper for me 10 state what
my opinion was and how>it came 10 be given.
On Tuesday the 18th or February, received
from the Secretary of State Geographic despatch
dated on Monday, In these words--
Pease turnish me BIZ telegraph the precise facts at
tending tas rescue Of the alleged fugitive the court
he has been ured or II anything important has
occurred since t'e rescue Lose 20 tin. Yn.-o
My answer was a. folows.-
Hos. DANIEL TEssrER. Warrington:
Your despatch received this morning Rescue oc-
force suffered to aecunuist. by gross neglect Of the
city authorities mArshsls department net b-ieg fully
prepared. Nssro not re osptursa Two arrests msd.'
wing war but the prosecutions are only for aiding
10 escape brought before Ilallstt. -
Signed GEO. CURTIS
u will be observed that nv Opinion was given 10
the SECRETARY, two days after the occurrence. II
was, therefore deliberate opinion. and il was not
expressed without consideration ! VIII nov state
the grounds OF IL go 20 make them, I hoye, in.
p-fp
The constitution Il the United States makes the
crime OF treason 70 consist, among other things,
sin levyiRg var against he United states" WHAT
constitutes 4" lsving wa" =, Of course, matter
FOR Interpretation end definition. Chief Justice
Marshall, whom the ~ner m the dtgs does not
notice among HE au,hontlss, SAID, On the trial Of
Col Burr, that This term SIS not for the first time
applied 10 treason by the constitution Of TIE United
States. Il - lechnlc al term Il 10 used "a very old
statute Of that country whose Language IL ouflan-
gusge, and wbose aSs form the sghsuatun Of our
laws. II - scarcely conceivable that the term was
not employed by the ffamer- ~ our c0nst iton, in
the sense which had been affixed 10 it by those
from whom we borrowed " ltis, there.
fore, reasonable 10 suppose, unless Il he inCompat-
bic with other expires. ious nl the constitution that
he term "levytng war gsuses in that instrument
in the sense IN which u was Understood in
England add in this country, 70 have been used in
the statute ~ the 18th Ed~ard III from which IL
pas borrowed" The - atuts Of Edward III 10
which the Chief Justice refers, was a statute
passed for the express purpose ~ declaring what
HhOul1 tht tfluit uf treason, and ong
the acts winch II embraces. ~ this Of "ievying
war" Now, every sound lawyer knows. that
under this statute, mob, or Instruction 10 pull,
down a particular house, l. not an act OF "levying
war bBs to % Il with an ayowed design to putt
down ell houses % the same ciass, + an acto
ssievying war" Ia the sane way, 10 rescue a
particular prisoner, by force q arms, or force OF
numbers. II not treason; bot 10 do II with an
avowed design 10 rescue all prisoners coniiaed 70
the like cause, y treason; 1.-THE unvers liy OF tie
design" says Black stone, making IL rebellion
against the state and assrpation Of the powers of
government, and an tasolent INVASION Of The King
authority n is the general defiance OF puDhc
government, inst conslitutts this crime; and al
'hough there IL hui QUE actof violence committed,
II N h done with IN svovsd design 70 frusrate tae
cover rnd az 1pry Of The government In al sum.
lar cases, Il - a. act ~ leyying war IL does
not require % srmed rebellion Of the people, as
the wu'er IN the ftss seems 20 suppose. IL may
be done by " gro mob" or by any other moo,
provided he gfaersl iotenuon 30 resist the execu-
Epon Of uarttculsr law in all cases accompanies
che ect. II such intention does accompany Il, IT.
ls treason, aud hose Who DO Il, IL convicted, may
DC hanged cor ~
The wrerm the ffiJs does not seem 10 have
attended to the vsy a.. intiions taken BY the vefy
authorizes whom ne cites The Will i0pk a. them
again, he viii see that they A. sust ia the position
I nov take Nor 9 this dtctrine h. " ia this Coun-
scr y has been Acted upon. Men were convicted,
s--sS~r Washington's administration, N Pennsyl.
ssots for participating N general CON laaton
ses'st The execution ~ the excise law by force.
Iii ! '. Vigol Dall.3 T Indeed, no lawyer
o,ld fe.I any difficulty 10 MAINTAINING before
- cour, ia Tbs country, the propagation Il sted
es' Al, w,sster in his letter, Go the New York
Committee for celebrating The ga ot tebfuary)
-. !" - men combine ard confederate together,
ana hv force Of arms, or force ~ nambefs. etecu
sIly rsss the operation ~ 40 a.. y, C,RRless, IN
its Application 10 particular ~, =,
syos,d purpose OF making the same resistance 70