The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-18


and allow oounsel fee, which would he given to any
fund received for he benefit Of there persons.
Judge Payne sad he would allow costs. II II de-
pended upon his discretion and he tupposed It wass
question OF thai kind for he looked upon this ease OF
eiest 70 the sinants Of great good
counsel fee he wound what the law vas and
far he had the poser. After some other desuory
versa.on bic Honor said one can feel more sensibly
than 90 for the unfoEupats condition OF these persons
and must confess that the decision that have given
happy hereafter"
These extracts, from the proceedings. shew tho
spirit that animated the judge, the counsel, and
perfluous. The finale was q 6t pendant to the pro-
ceedipgs. IT 10 uium phontly given in the Tribune
which goats over this glorious victory as partial
compensation Of IFS late dsgraceful defeat and re-
pudiation, even by the party of which il ia the
organ and the incubus, as also in the Times, q
more Pecksn6ian organ of higher law.
The sensation which this matter has created intho
minds Of the Sou'heIneTs here is stronger than you
can imagine; and We know how strong and bitter
it must be al home for it heaps injury insult and
presents the Empire state in the attitude OF the Jew
ish warrior towards the South, asking Art thou in
health, my bro her" while the extended hand grasps
the knife which IL to give the thrust under the sixth
rib Many of us here and at home have put
faith enough in the fir professions Of our Northern
brethren to believe that returning sense of jus.
tice. prompted by generous as well selfish mo.
tives, would cause them to 90 operate with US II.
resisting this fell ianaticsm, which would rale or
ruin the North - well as the South, and psrpetuate
common ruin Therefore we co operated ardently
and zeaously in the triumph Of the democratic
party and the elevation of Pierce and King. There
| fere we resisted the desperate Alabama movement
only to embarass the action Of friends and
| give aid and comfort to our enemies. But
Is, in the very hour Of victory, while
Old Tammany is vocal with the shouts Of gladness,
and professions of fratsrn harmony and the resto-
ration Of good feeling make the old wigwam re-
sound to the voices Of the young democracy, .
citizen of O Southern State is dragged with his
eaves rom shipboaid, hauled before court OF JUS
/ ticc, arIaigned as . criminal, tried, condemned,
stripped Of Bis property. made the mock Of q mobt
and sent sbivoriDg aud penniless from this sea-
and stI on hold Of democracy, no strong hand in
/ terposing 20 shield shelter him will say,
then, in bitterness OF spirit, The hands are the
bands q eau, though the voice be the voice Of
/ What the South wants in such cases as tais ID
what the dying giant of New England asked for in
another sense, while life was ebbing from him cit
is not relief we want, we want restoration;' not the
grudging privilege Of the strict letter of our rights
! (though that is denied us,) but rsstorationf
/ Of the old spirit, that gave unity Of heart and
interest to this whole people. Without this the
Union is but galvanized corpse. and no amount
ing body, animated by an immortal soul, nor
long protract it's painful vitality This plain
language may shock the super sensitive, but
4 it is the honest u.terance Of plain man, who
has done the democratic party some service in this
campaign but would spurn it and scorn himself and
his Southern brethren if the fear of forfeiture Of
political position could seal his lips theirs to the
haveco-operated in this overwhelming democratic
triumph, have resting upon us q most heavy re-
Rponsbihty; and "our lives, our fortunes, and eur
sacred honor all at stake the integrity of
those in whom we have trusted The South is not
q soil that nourishes spoilsmen"-her sons have
fought for principle, not for pay-and to those prir
cipes they must still adhere to the bitter end:
Withered be the hand, and palsed the tongue of
that Southern traitor, who shall shuttle away from
bis responsibilities this great question, through
fear OF compromising the candidates Of his party
/ or embarrassing the administration. The doom Of
4 Benedict Arnold shall he his forever.
Do not misunderstood my meaning, or that Of my
friends. We do not distrust the men whom we have
aided in slevatipg to power, nor the mass Of tho
party with which We have co operated. We
know that franklin Pierce and VIM r King are true
as steel on all questions connected with the COM
promises OF the constitution; but in this matter
they arc poweress IL does not fall within their
jurisdiction As Greeley tsuptingly replied to your
just felicitaton, that the South had now an abiding
guarantee that her rights would be respected by the
general government, neither the Presidsnt or Vico
PIetidens have any power to override a Judgment
OF tho courts OF New ork," nor to reach the root
of this evil II II, then, not to tho Administration
that to Look but to the people the Northern
States, tho great bulk of whom are pledged to
BY the strongest of ell possible pledges express or
implied. Without faith and moral honesty, what
are p omises or professions worth! And by works
must that faith be judged 1t not necessary to 90
into thorough examin alton Of the grounds Of
Judge Paine's decision. which you have most pro-
perly characterized can abolitionist victory
coercsd by Law, no. governed by justice"-the law
of which even is palpsbly unsound rs not to bs
worthy Of argument. The very citations made
by Judge Paine show that, like Necessity, (who
seems his diyinity,) che knows no laws" for
against him. AID his special pleading is Of
the pettiest kind. It ia the misfortune Of those
Known to the profession as 'case hunters" not to
be able to distinguish between an apparent prece-
n m ta cir fSrsfu ne
facts, while puIblns as to tho principle. The whole
gist of the case vas comprised by Justice Grer in
single paragraph, delivered IN relation to ofsome
Hhst similar character few days since, in the Uni
ted States District Court Of Eastern Pcnnsylvania,
and he is not only lawyer but iurist also. Pass
ing Judgment On the question of the right Of slave
holder to convey bis property through free State,
Justice Grier thus concisely and clearly gives the
true construction. II would have been we'll for
Judge Paire. to have swallowed and dgssted this,
instead Of boltiDg whole the cruditis of the higher
law interpreters of the constitution, who insist that
freedom is national, slavery sectional, and when
the two antagonize, the latter must 20 to the
wall. Nay, bad Judge Paine even taken the trouble
TO examine the Interpretation given by the great
Northern ezpouDder OF the constitution, Daniel Web
ster be would have found there rtfutation of his
feeble fallscies, and chart, by which hs might
have seered clesr Of these shoals of abolition which
threaten tia chip Of State. He might then have
Teamed, that what New England refuses Old EGG
land does not deny; that Great Britain has made
compensation for slaves tax IN from Ameri,an ships
Ia Ter west lndi& hlands lie might also have
refreshed his memory with the Creole case, aud Mr..
Webster's emphatic declarations to Lord Ashburson
on this very point For, says AR. Webster,
srethpg Of the precise bubble under which Judge
Pane seeks sholter,
1t may be that In such instances personal rela-
tons are founded on contract and therefore to be res
pected but that the relation of master and slave not
founded in contract and therefore IL is to respected
only by TIE lave the place which IL recognizes
He then sweeps away this eobweb thus
Whoever reasons encounters the authority Of the
whole body Of public law from Grotius do~n because
there instances in which the law Itself
yJesumes implies contracts, and prominent among
those pftsncs is the very relation which
tideIng and which relation IL holden BY law to dras
after II mutrslity of obligation
So Gays Daniel Webster. Win any sane man,
North or South, weigh the opinion Of Juige Paine,