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

Judge Irwin and the Fugitive Slave Law.
Hon. Thomas Irwin, Judge Of the District Court
Of the United States for the Western District Of
PenDsy lvana, has recently delivered very able
charge to the Grand Jury at Willamsport, on the
subject Of carrying into effect the Fugitive Slave
law. After a lucid examination Of the constitu-
tonal guarantee in regard to fugitive slaves, and OF
the present law passed in conformity thereto, Judge
Irwin remarks Such, gentlemen, are briefly the
provisions Of the last act Of Congress for the recla
nation of fugitives from labor That it has been
which information is usually conveyed to the people,
and in such manner and spirit as to excite disaec-
ton to the Union, and opposition and resistance to
the law, is known to you all. Examine, then, with
and the fourth article of the constitution, upon
which both are founded and if you have not already
traced the cause from the effect, inquire why the
act Of 1850 has given rise to so much opposition,
agitation, and resistance, among people alien to
the Southern States, regards their institution of
slavery-a people whose rights and interests State
ard individual political and social, have not been,
and cannot be by that law injured, compromised,
or in any manner injuriously affected and if the
problem should not then be solved, inquire further
why law indispensable in fulflent of compact
to which that people, in their political capacity, be;
came voluntary parties, should be repudiated, and
of action known to civilized and Christian commu-
nities, influenced them, and prevailed over both
constitution and law. Much Of the opposition and
resistance to the law may be ascribed to new dis
cOVeTy IN etnlcS, tnat tnere are ODugatlOnS anu
duties depending upon the dictates Of conscience Of
q higher nature than the laws Of country, and
to which obedience is due when in opposition to the
laws. 1t teaches that no human laws are binding,
but should be dsregarded and resisted whenever
contrary to religion and morality. History is not
wanting in examples of this kind, to prove that the
most obvious truths, and the soundest maxims Of
government and Jurisprudence, which declare and
maintain the essential rights and interests Of So
ciety require at times to be retaught and re-esta
blished. Life, liberty, and the pursuit of happi-
ness, the vital objects for which men unite in
cety declaratory in the constitution Of natural
rights; and laws are made to secure them, which
laws there is an implied mutual contract and pledge
to res pect and obey by all who impose the society
This is the foundation Of moral obligation to sup
port the laws, without the observance Of which,
their force, efficiency and effect would be greatly
impaired, IL not entirely disregarded. 1t was to
guard ainst the niracton Of these rights by such
as in all communities use the name of liberty for
license to act without restraint who acknowledge
social ties and interests, and who can only be
controlled by fear or force, that made punshments
and penalties, the sanctions of law, necessary. For
all others composing the great majority OF society,
the restraints Of law were not necessary; what 1t
commands forbids is enough to insure general ODE
dence The social ties and interests are secured by
the social union itself sustained by moral as well as
legal force so that there can be no antag
moral duty or obligation binding upon the con-
science in opposition to the laws In the social
state, every man knows, without law to teach him,
that to take from another his property, forcbly or
secretly, without his Mt and without compen.
sation is contrary to natural right, dishonest and
GRIN inal. 1t is the moral principle which, in all
such cases, creates the guilt it is the province Of
the law to punish it, The moral sense is the intu-
tive perception Of right and wrong, written upon
the heart by the Creator of the Universe and all
the fundamental laws of civilized and free people
are but an emanation or embodiment Of moral du-
ties. Such laws confrmatory of natural rights,
and their moral is not less than their legal force;
yet the impress and force ascrbed to them must
from necessity be extended to all other laws organic
and positive, which so interviewer in the frame
of society and ITS interests Us to render any dis
tnction between them, in regard to their obligatory
character, in the highest degree dangerous. One
and salutary, and by others useless or unjust, as
they may happen to differ in intelligence, capa-
city, OF in interests, motives and preiudces There
is in all such cases but sa fe rule for society-o
regard practically all laws, however they may differ
in character and importance, as equally entitled to
r. spect and obedience.