Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-05-20

trench upon he province of the lawyers.
We have no idea that our Government enter
tains any thought of making war out of this mat
ter. The rights which portion of our people set
up now against the Mexican Government, are en-
tiiey derivative in their nature and purely matters
Of contract We can readily perceive that the
Government of Mexico would hesitate to make
grant of territory to citizens of foreign State,
which she might willingly make to a citizen
owing her allegiance. And on this account there
may be something in the plea that the Garay
contract, embracing extensive grant of land was
not in its nature capable of being igned to cit
zens of a foreign State. So dangerous foothold
to foreigners under a government contract Next
co may reasonably contend that she did not mean
to give and it appears to our mind, that wide
a construction could not be given to the agree
ment, except under the sanction of positive Ian
guage Now as to the propriety of making this
refusal the part of Mexico to re-affirm the Ga
ray contract, the ground of coercion: The rights
which our citizens set up, lie at best IN contract,
and the injury complained of results from a refu-
sal on the part of foreign State to comply with
an agreement. The case would be stronger if the
contract had been made directly with either of
the foreign companies, and that there were viola
lions of contract of clear and indisputable
ture. But even then we conceive that refusal
to allow the road to be constructed, would not fur
nish as against Mexico, casus belH. If the citi-
| zens of one State lend money to foreign govern
ment, and the debt is repudated, which affords
| a stronger example than the refusal, in
this case, to fulfill the terms of private compact,
| it is clearly understood that the government of
such citizen is in no degree bound to assert his
rights with the sword And this for the obvious
reason that contrary practice would put it in the
power of any citizen to involve his country in
war to enforce his improvdent bargains.
If when the States of Mississippi, Illinois, and
Pennsylvania, repudiated their obligations, which
they had directly and positively incurred, and the
benefits of which they had enjoyed the English
Government did not feel itself called upon to make
war to redress the several injuries, why should
the United States be now called upon to wage a
war with Mexico to compel the establishment of
doubtful rights derived through claim of half n
| dozen assignments!
The damage now complained of is money paid
by the New Orleans Company in purchase ofthe
contract. If that We're refunded by the Next
can Government, surely nothing farther could in
decency be demanded.
MULTIPLICATION IN MASSACHUSETTS.
The Republic publishes the bill multiplying the
Fugitive Slave Law, which was lately under con-
| sideration in the Massachusetts Legislature.
This bill, as our readers have already been in
formed, defeated in the popular branch of that
| dy hU nf
1t is entitled Gan act further to protect personal
liberty" and authorizes the Governor to appoint
Commissioners in every county in the State, who
are charged with the duty of preventing the ar
rest, and effecting the discharge, of any person
oAaimed or imprisoned as fugitive slave It is
made the duty of Eny Clerk Justice of the
Peace, on the petition of any such Commissioner,
to issue writ of habeas corpus in favor of the per-
son claimed as fugitive slave. We give the fol-
lowing literal extract from this reasonable docu-
ment:
Sec. 1t shall be the duty of all judicial and executive
officers in this Commonwealth in their respective
ties who shall know have good reason believe that
any person in the Commonwealth about be arrested
or seized as fugitive slave. forthwith to give notice
thereof Commissioner of the county in which the
said person resides may be found
SEC 4. II, upon the caring detore any JUDGE in uaca
on Of any Of ha5eas corpus issued IN }auor of an
person CLAIMED as tugltaue seue DIS
CHARGED BY THE JUDGE, he may appeal from such cisou
and claim trial bv juy 'rich shall be had attic net
session said court btoree nsr m the person so
claimed as fugitive may give bail to the mant for his
appearance at the next term of the court said
ed session, in such the Judge shall think sufficient
not exceeding thousand dollars with more su
retie to the satisfaction of the judge and in default of
such bail he shall be committed to the Jail await
the trial.
SEC. The to acach said appeal is tahe anil arr
to chich ac,t of ha6eas corpus as returna6e IN al
hall ofa
party to the proceedings grant trial By jry on all oues
lions oftact issue 6etaoeen The parties.
Its farther provided that all expenses incurred
in the protection of the fugitive shall be paid out
of the State treasury.
Had this bill become a law it would have
amounted practically to the notification of the
law of Congress providing for the reclamation of
fugitive slaves, and the attempt to enforce it would
inevitably have brought on conflict between the
federal authorities and those of the State of Mas
sachusetts. 1t is the sworn duty of the President
to execute the laws of Congress- and the whole
military and naval power of the country is placed
at his disposal be employed for this purpose, if
necessary. Mr. Fillmore could not without vio-
lation of his official cath and total disregard of
the responsibilities of his high position, have
shrunk from the execution of the supreme law
ofthe land" and if we do not wide y mistake the
character of the man, he would have met the emer-
gency with all the promptitude and frmness of
patriot and statesman. We feel the fullest as
surance that he would have performed his duty
even at the hazard of civil strife and bloodshed
leaving the responsibility to rest on the plotters
of mischief and treason, whom the people of Mas
sachusetts have set up to rule them We
think it extremely fortunate for the peace of the
country that these INSCRIPTIONS fanatics failed in
their effort to array the authority of their State
in opposition to that of the Federal government |