The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-24

thal tue hosuiily OF The writer's was mainly dizzy
against the fact Of The surrender. understand No.
your letters to me, 10 object mainly 10 the forms nd
law. Whether you would consent TO ann law ah.lTe
should be effective for the surrender. am il doub
rather suppose not; for while you "bess God" ior a.
constitution, and say that requires OF you, "as e
gate ese," nothing which The law OF God iobds ~
10 do, you ask me; 1Vu
Scan you not understand that the constim,,,
DO without letter that requires amendment ana ,hy
law enacted la conformity with the constitution MAJ
in The last degree oppressive and cruel aud may even oe
mand you and me % do that which cannot DO wgaa
rebelng against God r. O'
And you illustrate the idea by supposing The fon,u
ing case:
" II the Roman Catholics should become n ,n,,,,
any State OF the Union, and should follow the eac3in ~
their higher clergy there Is nothing In the constitute,
the United States TO hinder that State from revising IN
State constitution and establishing for Itself "a rennI
form Of government after the fashion OF that which sy
In Chill and other Spansh-Amercan countries wharf ~
Roman Catholic religion Is the religion OF the STATE s
other religion is tolerated. There Is no constitute,
power hinder such State rom ordaining laws to pun
ish with mprsonme mt IN the penentary or with asss
at the stake, those distributors OF rebelous and incenS
pubcatons--those prisoners OF sonls-the eopoeuts =,
the Tract Society And Il Is quite wiihf the
pegr Of Congress to aid BY lis own Legislation The capas
OF fugitive coporeurs Charged with crime, and pra
for their beag delivered up, be removed 10 M s,
having jurisdiction Of the crime with which thew as
charged Such OF Congress might be pronosad 1
Of the Union, the supposed Roman Catholic Ssts h,
threatened dissolve the Union, and IL being well nns
stood thai the existence Of The Union depends on ho
dissolution. Such act oil Congress might impose MAN.
all persons giving hospitality or shelter TO fugitive iom
justice, (meanng thereby the ugitiye from Roman q nv
lie jusce refusing 10 aid in nrrestng him. the isrr
cal penalties which the ngitlveslave law now impose, ~
those who give comfort shelter TO fugitive from slave,
who rease cooperate in seizing him Aud linen !,
Christian should out that such law, however c
stitutonal, 10 contrary to that immutable law which
higher than the constitutions and that the law Of nsas
written the hearts and condolences OF eemen dvn
the authority q such legislation, You, we bound
that the constitution is contrary to the law oil God"
You seem TO have forgotten, my good Doctor that N,
legislation OF State cannot change the constitution
the United States, and consequently cannot alter tbs
meaning OF the word crime, used in that instrument
need not tell you that this word has distinct meaning
under the common law, and that il has been held a.
there used, TO be synonymous with misdemeanors and IN
cudes offences below felony punishable by indclmen,
offence against the public and that the distribution
OF religious tracts in supposed Roman Catholic State
can by no possibility be held by the United States courts
to within the meaning of the trainers Of the cons
tuition Your supposed case. therefore, even could nv
any possibility happen. would no, lead to the results which
you dream or The tract distributor would not be dy
cred up, because he would have committed no crims
within the meaning OF the constitution, as interpreted
the courts
cannot understand by what process you extend and
enlarge the provisions of the constitution in regard 10 he
clause applicable to those who " flee from jusceo and
yet strip the one that follows it, relating to ugves from
service, OF all efficacy You evidently apply two opp0
ing rules OF construction 10 adjoining clauses boh Of
which you must suppose necessary to make out your z
iraordinary position.
But there is another consideration important 10 be noted
Even it, Tor want of foresight the part OF its irame
the constitution were found, in unexpected manner
10 become in practice an instrument of wckednes he
case would be entirely, palpably. and garingy unlike
that which yon aim TO illustrate. The bearing Of Ne
constitutional provision relating to fugitive slaves was
deliberately weighed, and thoroughly understood and
have the testimony OF the Supreme Court OF The Uni
out il the Union could not have been formed Indea,
this fact is notorious; and. 80 lar as know uniyersaT
admitted. In the New York State convention Gepszi
Hamilton said:
at became necessary. therefore, to compromise he
convention must have dissolved without eectng spybug
Would IL have been wise and prudent in that BODY Ia b
critical situation TO have deserted their county No ~
cry man who hears me-every wise ia the United
States would have condemned them. The contention were
obliged to appoint committee for accom- rnoaaion
this committee tho arrangement formed as II now
stands; and their report accepted Il was delicate
point; and it necessary that all parties should be In
dnged. Gentlemen will see that IL there had NOT besns
unsnimity nothing could have been done for The conu
ton had no power 10 establish, but only g
ernment Any other system would have been Imprac,r
be Let convention be called to-morrow--Iet them msr
twenty tmes-nay, twenty thousand tmes-they will has
the same dicuiles TO uncomfortable same clashins Inter
ests 10 reconcile" #
This leads TO a further remark which must not
overlooked, viz that the constitutional stipulation U
the surrender OF fugitive slaves was an ESSENTIAL
MENT IN the COMPACT which resulted In the formation
this glorious Union. IL concession by the Norhb
the South to countepose other concessions made byd
South TO the North. IL deemed by the South soim
porant, as safeguard to their property and rights Aa
without II they would have declined becoming parties
the coniederacy. Now, TO place a stipulation nlb
gently, deliberately and solemy made, and for whA
ample equivalents were rendered, on a par with you
supposed case OF an unforeseen bearing oil another Sip
nlaon upon some interest not intended 10 be a6ecM
by IT. and especially bearing which have shown tok
impossible, is neither philosophical just Yet such
theinslration which you gave me TO show the relations
which exist between the constitution and laws oil 10
United States.
Now. lei me tell Won how 1 vie ~ the matter I resan
the constitutional provision for the surrender Of sghn
slaves solemn compact made by your ancestors nt
my ancestors and By the whole naion--in your beai
and my behalf, and IN behalf OF all who may now CO..
shtute The nation, or shall constitute il hereafter-oE
OIL faithfully, honestly, and truly the stipulation hH
made. And hold that the enactment OF an tfctnT,
designed and adapted TO carry that stipulation into tl
was indispensable TO a faithful fulhlment OF the @gase
ment, and that you, and l. and every other citizen, m
boand in honor and good faith TO sustain whatever laH
have been or may be enacted By Congress for that end
and declared constitutional by the supreme tribsnt
the nation, unless clearly contrary to the law Of 6e
II " not some slight imperfocton in the law or supPo
imperfecton, or bemsh, which can release Us from ~
obligation. We have promised. and must fulhl, W.
less the promise itself is immoral and wicked hs,ts
less CRIME 10 violate than TO keep it, Buff we uoAt
II on such pretence, must be prepared 10 lusyeM
selves before God and man, or suffer the penalty Of de
bedience and falsehood.
II my limits were not already passed. mean The Fqn
limits oi letterI should like 10 examine in detaim
objections which you urge against the new iughVeN
law In one OF your letters TO the Independent you ~
81 do not hesitate regard the law ns unoonimuonh
ana to treat II accordingly law against the consus'
Is not law. 50 lar as IL conflicts with that instrument
This objection may "a well be abandoned for the ns
interpolation OF law Is mol a case OF conscience @
you cannot get rid Of the decisions OF The courts on w.
ground. These decisions, so far rs know are uns.T
nous. Everywhere, on all occasions, and
Judges i has been holden to be- and pron9unced S. I
constitutional law. SO say Judges Mclean, nasi
Woodbury., and all the rest OF the Judges, so ia ~