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

With tho assurance of my most distin guished con-
siaeration, MATERRE,
Surgeon, and formerly Surgeon on board the Al
phonso Nicolas Girard
p ST. learn this moment, from two men of the
second expedition that out Of sixty ave men scarce
ly ten are in con iition to reach Guaymas II
seems to be frightful disaster. The death OF MI.
Trouin is announced as certain.
Northern Interference with Southern Pro-
perty-The Southern View OF the Lennon.
Case.
TO THE EDITOR OF THE HERALD.
SIR-The enlarged liberality which opens your
columns to the expression of oil shades Of opinion
not detrimental to the public welfare, - we'll a.
your soundness on the Southern question, embold-
en- Southerner to state frankly, but briefly. the
impression which the late slave case here viii pro-
duce on the Sou hern mind
Noby and manfully have you done your part
throughout this perilous controversy wisely have
you warned your people Of the dangers that Turk
under this last high handed outrage but there are
points connected With this matter which it Is neither
your province your privilege fully to consider
comprehend. Allow Southern man, who has made
it his uness to study the temper of the Southern
people in reference to this question: to throw out
few suggestions which may startle the conservative
portion Of your citizens into sense of perils only
the more imminent because unseen and unsuspected
by those who mistake ''acquiesoence" for content
ment-silence for satisfaction.
There many Southerners at present in this
city, and after free conference with many of them,
it appears that but one sentiment animatss oil, in
relation to the outrage on the comfy of friendly
communities pcrpetrated by your courts on
Southern citizen, and through him, upon the entire
class ne represents II is important for the preser.
walton Of the public peace, and of fraternal feeling
not to speak Of the permanence of the Union :
that the North should know what the South feels
and thinks of this deliberate ate npt to dsfranchss
her citizens in half of the national domain even for
purposes Of temporary sojourn with their property
AS equals the people of the South entered this
confederacy-as equals alone can their descendants
consent to continue in it. Neither honor nor safety
would permit them to sink to the state of tolerated
class-epjoying privileges ,by sufferance only-ths
Pariahs of the American Union. And it will be re-
duced to this, if they tamey tolerate such outragss
on person and property as that Of which Mr..
Lennon has been made the victim This incl
dent has occurred at most inauspicious
moment, just at period when confidence
was becoming restored-when the scars of
old striies were healing over and tho era of good
feeling was instaurated once more. The severity of
the shock must be in proportion to the impatient
bitterness Of the disappointment 1t would be
equally idle and mischievous Disguise this fact
from ourselves, for it cannot be ignored, even
though attempts should be made to suppress its
manifestations. The echo that will soon be sent
back from the South will satisfy the most sceptcal
Of this; and measures should promptly be taken by
the conservative and honest portion of the Northern
people and press, TO mitigate this just and rjgh-
teous anger This IL question beyond the pacid.
cation OF mere partizan politicians, fruitful in email
expedienis. " u not questi IN OF policy or ex-
peojency, hut Of life or desth. Therefore the
ms INNS he prpn IN ha Tn ha ats
tanned.
How stands the case! After the general
aequiescence of the South in the compromise mea-
snres, the endorsement of those measures set
Element by the two conventions, and the en-
phatic ratification of the democratic nominees
by vast msjority of the American people,
mainly on this issue of a. cessation. of agita-
tion, it was hoped and believed by all,
Except few " extremisfs,') that peace was
once more to be restored "to this distracted coun-
try" ard the South permitted again undAturbed to
pursue the even tenor of her way. Acting under
this conviction, the people of the South, with al
most une xamplcd unanimity, have forgotten former
feuds and political eaouses, and come up en- nasse
to the support of those candidates and that party
which represented that idea But those hopes have
been most suddenly chilled-that confidence most
rudely shaken, by gross and agrant outrage, per-
petrated in the face of day in this great metropolis
Of the North, by portion OF your people, whose
course hss been sanctioned and sustained by your
courts OF law-pot Of justice. The halfinslne
threats ana insults In presses Ike tina Times and
4, ,b,ne, emanatipg from men soured by disappoint
nent, and smarting under defeat aggravated by
the sense OF impotence, the Southern people could
afford to emile at and despse Not 50 with the
soltmn adjudications of your legal authorities
act OF open outrage, not alone stripping the iadi
vidual of his nights and his property, but
impeIilling those of all similarly circum-
sianced with himself, and involving principle
rs wide in its application Us it must prove per-
nicious in its prac tical operation We scorn he
angry hisirg OF the blind viper and scarcely deign
to step aside 10 stamp our heel upon its head but
II would be madness 10 disregard IL whan coiiei ID
strike, and danger aud DEAN Turk behind the warn
ing 1t is ouls TO look 10 sslfpreservation---
ours to crush the crawling thing, give anti-
dote to is pcison We do moo ask for protection;
oil sc demand is even handed jusise. We clai n
the obsefvance not alone Of the articles Of tue late
compromises on the .uhject If slavery but the re-
cognition and enforcement of that earlier ssipaa.
lion those more solemn guarantees given to our
fathers in the compromises OF the Constitution, one
Of the most vital OF which was the recognition of
our right to have and TO hold our slave property,
ard epjcy It's undsturbed possession, wherever and
whenever rot alienated by our own oct or free will.
What 8 mockory the last compromise, in
relation TO the rendition Of fugitives, must DO
regarded, If local statutes are to be allowed
to regulate the rights Of property of citizens
Of other sovereign States, and local usage
be al-suficient to strip Souibcrn Of all his
property vixen he ventures to trust it for an hour
on iIee soil. The laws Of Caligula were not greater
traps for the unwary than such statutes as those
der which Judge Paine permitted the aboitionststo
rob Mr. Lennon of his property, under Of law.
For will venture the assertion that not ten Of tho
ablest lawyers in this State were aware Of the &C.
tual provisions of the code. or would countcnan,o
the construction which Judge Paine has put upon
them In cor fict Of laws the rule Of inserprsta-
tion require that the higher Of the two should pre-
val-thc lesser yield to the greater; but here that
principle has been reversed and the ''higher law,
in tts most offensive tense, has riumpbed over ell
compromises, and all constitutional rights. Judge
Paine, himself, has been placed in painful posi-
tion. He seems to be n man Of strict narrow un.
derstandng one Of tho &c mere lawyers described by
Edmund Burke, whose acuteness assimilates TO that
Of pins point and whose baots oftrainng incapa.
cate HIM from rising above presidents and formulas
to grasp the great general principles which modify or
abrogate them. Like smaller CULVER 10 lager
Liliput he struggles painfully in the bonds of the
little threads that tic bis legal hands against
rality, equity, and justice, and his conscience aud