The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-06-13

speculation when the Will OF LOO WAS Hov6ojoQ
70 MIR. Webster. Hhouts Of laughter This
is u matter VI public concern, renewed lsugt-
ter, for there is not only DanieIcome to judg-
ment, but u judgment come to Daniel. Shout
Of laughter and applause. The experience OF
the past does not satisfy US that we can ssfely
rely upon the Interference Of Providence alone
to arrest the extension Of slavery The will Of
God is presumed to remain always the same.
1t may we'll be supposed that he would not de-
sire slavery to be extended to our thirteen origi-
nal colonies, vet slavery was inflicted upon all
of them by Great Britain. 1t required human
legislation to drive it from the States which are
now free Slavery extended to the entire North
western territory the ordinance OF Mr. Jeffer-
son was necessary to abolish it. Slavery existed
in the territory of iowa; it had to be abolished
by law The safe course. then, is to arrest its
extension by law in the only mode which has
thus far proved effectual. CHEERS
But if this cannot be done we have two other
resources In the first place, we can constitu-
tonaly abolish slavery in these territories, If it
should be introduced. The ordinance of 81,
re-enacted by Congress in 80, produced this pre-
else result in the State Of Illinois One thousand
slaves were emancipated by that act. mention
this fact on the authority Of Mr.. Edward Coles,
the first governor Of Illinois, Virginia gentle
man, with large family connection, most of
whom are Shareholders, but who 10 nevertheless
patriot and philanthropst. The importance,
then, Of adherng to this power over the subject
of slavery in the territories, even when its cx-
ercise is suspended, cannot be'overrated. II is
power to abolish as well as n power to pro-
hibit and is the great conservative authority to
which the friends Of freedom must look for pro-
lection against the aggressons of slavery. There
il another mode in which the question may be
met. If slaves are introduced into New Mexico
and Utah, slave States will be formed in those
territories, and will apply for admission into the
confederacy. They should be met Mt the doors
of Congress with stern and unyeldng resist
ance. They should be charged with having
covered free land with the ignom'ny of slavery
and should be turned back upon themselves un-
til they restored freedom to its ascendancy
These are the three modes bvwhicI the great pur-
pose of keeping free territory unstained by
slavery may be accomplished. They ali look to
human exertion. They rely on the lower law !;
they distrust the Intervention which Mr.. Web
ster 80 recently counts upon, and they reject the
revelations of this new Moses on the Mount
There is another question which has arisen
since the last Presidential election, and which
was in no degree involved in that controversy.
| allude to the Fugitive slave law. On recent
occasion, | stated the reasons why believed
that law to be utterly unconstitutional. They
were briefly these First. That Congress had
no power to legislate upon the subject. Second,
That if they had the pc wer, the law was uncon-
because it did not give party seized
under it a trial by jury, at the place where. he
was seized Third. That suspended the privi-
lege of the writ of habeas corpus, in case not
excepted by the Constitution Fourth. That
the tenth section condemns person conclusive
ly to the deprivation Of his liberty, in his alb
sence, and without any hearing or notice to him.
And added, that, as the law was unconstitu-
tional, | should resist it with all the means ]
could command, if seized under it.
Let me offer few suggestions, in reply to
comments that have been made upon these pro-
positions. It is not correct to say that the Su-
preme Court of the United States have ever
passed upon these questions. The case in which
it is claimed they did so, was that of Prigg VS..
the Commonwealth of Pennsylvania Prigg
was indicted for carrying off fugitive slave, in
violation of law of Pennsylvania, and was con-
victed That conviction was carried to the Su.
preme Court of the United States, and reversed
Several of the judges took the ground that the
power of legislating upon the subject offugitive
others hel that as the person seized was ad
mitted on the record to have been the slave of
the party by whom he was seized, the right of
reception existed, independent Of any law for
the purpose. The most that can be claimed from
the decision of that case il, that it determined
that Congress had exclusive power over the SUBJ
Ject. This position carries with it the conclu-
sion, that the Pennsylvania law was unconstitu-
tional, ard that Prigg was improperly convicted
under it; but it by no means determined in what
form Congress shall legislate, and if no law had
been passed by Congress upon the bject, the
decision in Prigg's ease would have been pre-
cisey the same; for the grant of an exclusive
power to Congress, whether it is exercised or
not, necessarily divests the State ofsuch power
All the objections that make, therefore, to this
law, except the first, are open questions in the
courts IL the law is unconstitutional, had sup
posed that no Judge or lawyer who has any re-
spect for himself, would pretend that it should
be obeyed. All writers upon law agree that
an unconstitutional act is no law it is nullity
and is to be treated as such alike by citizens as
by courts. But it is said that an individual has
no right to Judge whether n law is constitu-
tional or not. This | deny. He should and
must Judge. He judges at his risk to be pun
ished if he errs Suppose law should be passed
BY Congress, authorizing the first three Union
Hunkers who meet me to put me to death. The
law would not fail. in the State of New York.
for the want of execution. Laughter.
Who is to judge of the consttutionality of
this law Am ] to wait till after the fact, to
have the question tested by the courts? This
would be somewhat ike trial | had at Auburn,
some years since. II was my painful duty to
assist the District Attorney, in the trial of a
man named Wyatt, who was charged with the
crime of murder. He was ably defended by
Governor Seward and others, and during the
three weeks that the trial consumed, some forty
exceptions were taken to the ruling and charge
of the court Wyatt was convicted, his coun-
sci made bill of exceptions, and the statute of
our State requires the Judge who presided at
the trial to grant an order staying the execution
in case there il probably cause for taking the
opinion Of the Supreme Court on the exception.
The presiding judge refused to STAY the execu-
ton, and an appeal was taken TO Judge Beard
slew. Of the Supreme Court, who also refused
and Wyatt WAS executed according to law. OF
course, after this, the argument of the bill Of ex
ceptons became of no consequence to the IN
e. a. - " -