Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1852-06-17

Dnun sNOulu SlntF ullueT lildl ulsCIGuiti luI tHc
benefit merely Ola few persons engaged in spec
ulalng in slave property"
And so it is, that a measure in accordance
with Southern law, required by " Southern feel
ing" to prevent a traffic which is /" dIseredit to
TO the whole South, " and subject of Southern
" deestatiOn," is 10 the Compromise considered
great concession BY the South to the North, for
which some reciprocal concessionis required.
The fourth act of the series Constituting the
COMPROMISE, and known as tho Fugitive Slave
Law, has perhaps caused more excitement than
any other in the public mind. The constitutional
provision on this subject is folnd in the second
section Of the fourth article Of the Constitution
Of the United States, and in these words:
"No person held to service or labor in one
State, under he laws thereof, escaping into
another, shall in consequence Of any law or reg
ulalion therein be discharged from such service
or labor, but shall be delivered up on claim of
the party 10 whom snch service of labor may be
due"
This is to the Northern people one of the most
offensive features In the Constitution; but it is
clear and uneQuyocal it It's terms, and as obi
gatory as any other instrument.
The clause Immediately preceding, in terms
almost similar, requires that fugtives from JUS
tee who shal " be found in another State shall
be delivered ups" and this has been carried into
effect tor the most part satisfactorily TO the sew
eraI States by arrangements between them.
Ia relation 10 the clause concerning fugitive
slaves, however, The Supreme Court Of the Uni
ted States, with its Characteristic tendency to
consolidation which has ever been SO much feared
by the republicans of this country, has decided
that to Congress belongs the right Of legisating
upon the subject Of taking and delivery of iugi-
tive slaVes-a decision, IN my humble opinion,
erroneous as legal proposition, most untoltu
nate for those interested IN The execution of this
provision OF our Constitution, and confirming
what was the Southern doctrine, that the respGc.
table bench of Presidential candidates who, in
ALI the dignity which can be impaired by rusty
black silk gowns, hold their slttlnos in this Cap
itoI, is an unsafe and unsatisfactory tribunal for
the decision ol questions paraklng of political
character and hereto agreed the convention Of
the State OF New York which ratified the Con
stituton for it proposed an amendment prnvl.
dag for Il commission TO " correct the errors Of
the Supreme Court. Sir the danger to this Re-
public Is from the judiciary. All history shows
that the most subsetYent tools OF u bad Govern
ment are political judges. freeman, neither
North nor SouDh, will rest long under wrong
without reluedy aud when public confidence
IN this court Is lost as 1t may be-maY it not?-
those who are aTgrIeved be they South or be
they North, will not be slow to Judge for them
selves the mode and measure Of redress" But
50 1t is Congress enacts laws to carry into eff.
ect the provision OF the Constitution for the
" delivering up" of fugitive slaves, and speci-
men Of is handy work is betore the country.
There is an ancient saying that the will of the
people is the supreme law, aud wise men gener
ally endeavor SO to frame laws as to meet the
appreciation Of The good men OF the community
IN which they are to be executed. The Fugi-
live Slave Saw is, Of course, to be executed in
the free States. One would suppose that it
should, therefore, have been so framed as to
conform to Northern notions SO lar as it might
without imparing its efficiency; but Judging
from the terms of the law, from its practical op-
peralon, and supposlng that men OF sense intend
that which is the inevitable result of their acts,
the Fugitive Slave l. NV was drawn and enacted
more for the purpose Of wounding and aceralng
the feelings OF ;he North, OF insulting It's settled
convictions of right aud wrong, tlan for the
purpose Of securing he return OF runaway slaves.
1t may be that Injustice IS done to the trainers of
the law by these remarks, for it NAV have been
Intended as an experiment upon Northern ser.
witty, to exhibit to the world the profound
depths Of inamy to which politicians can de-
cend, Indeed, sir, the tradition connected with
the origin Of this law is this, and its probability
challenges belief, that the distinguished gentle
Wan who drew it, but who was opposed to the
whole system Of the Compromise, purposely
| filed IT with provision shocking and revolving
| t. every Northern mind as to reuder it's pnssn pe
as he supp ,sed Impossible. Litle did he know
! I,,w dearly someNorthern men loVe the Snuth
Sensitive as tbs North hs always been upor
this subject. it NAV be profitable 10 examine no"
far the provisions of the Fugitive Slave Law are
coieuated to conclIiate Its PelndlcieS anu 50
cure cordial discharge Of The Obligations oil th'
| Constitution.
The power of deciding the relative rights d
men we consider one Of the highest ana IhoS'
sacred functions of Government and men, 1oI
this purpose. are selected from among the most
respectable in the State. OF well established NOR
al qualifications, and legal learlng npened by
experience; but the Fugitive Law scalters
broadcast through the North Judicial spawn
under the name Of commissioners, who stink III
The nostris of the peope-apponled by sys-
TEN Of fnvorllism, or a still more odous system
of nepotism, distinguished by no quality which
car commend them to the confidence OF the pub
f lie. They would suffer in the Judgment OF Got
und all good men by compars n with negroes
taey arrest. Witness the case at Bnfaiu, wnere
) the commissioners ovcrru,ed the decision of the
/ United States district iudge-lhe case at Phlla
j delphia where the willing Offices of the com
. missioners we're made available in kidnapping a
free man-the case in New York, where al
: testimony in behalf OF the person arrested wa
n excluded-lhe case at lltrIsburgh, where
. II 4 o,uoiulnI h,,fN Il uhreo
s Nov, if Southern gentleman doubt what sort @
II persons are appointed commissioners under TIN
a law. let me ask them what sort Of persons woui
f, be found among them TO fill an office, the sol
t duty Ut which is to superlntend The arrest OF rHr
y away negroes At five dollars a head. Is ther
IS any honorable Southern gentleman upon til
|. floor who would occupy such an Office
u Then. sir, the executors OF our laws, our she
4 iffis and cunstables, are elected by the people
If chosen Tor their fitness for those offices, and re
j. ponsibIe by their bail for their Official good col
n duet. By the Fugitive Law the COMMISSIONS
j, is vested with authority TO appoint persons
:, execute the process issued under that law al
1, the character Of the persons may be interr(
d from the character OF the appointing power, al
e Of the duties to be discharged. By our law
If persons are arrested by due process, issued !
e some responsible officer, and running IN u
name of the people OF the Safe. Honr Fuglu
: Law says Il nun may be arrested by " sel2II
ID him without process and under this provaio
s. in the Buffalo case, man was arrested by ben
e served a billet Of wood laid over his head cruS
III ing his skull, and so, slup,fed and half dea
III Wh blood and wafer oozng from his mou'
= nose, eyes. and ears, dragged before your COZ
IS missioner tried, and delivered up. And in
:! more recent case at Columbia, in 'ennsylyn;
a. "e.aIe lo.d by The newspapers that
VI lie ingluve, whose name was Smith, ma
We We u" attempt to ESCAPE, when officer Rldgel
-. ne" P's'oI,and discharged the contents throu,
" ms neck and Smith tell dead Instantly"
~ ~ remains 10 be seen how strictly Maryla
W auietes 10 tue Compromise Of the CUnsutulo
III Ilvered up. ''''''00
We In Now Nnrl, nr..L.Ll.. =, q.