The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-15

joining in slave hunts, rs q palpable violation Of
Christian duty. Setting aside the moral turpitude
of slavery, the Fugitive Slave act comprises mass
of iniquity in no degree required by the provi-
sions Of the constitution. The act points out the
mode of seizing and surrendering, not slaves, but
persons owing service or labor, and is there
fore applicable to white apprentices, and to
persons under contract to labor for a limited
Time Apprentices have already been surrendered
under it, and there is no reason why Others, who
are alleged to have hired themselves ont for
month or year, may not be. To illustrate the in
tense injustice Of this act, let us suppose young
man to leave his fathers home, in Boston or New
York, for California. After the lapse of year or
two, he returns. While pursuing an honest call
stealing-the stereotype charge in such cases, to
prevent resstance-and hurried before a commits
sioner. An affidavit made in California, and there
certified by judge, is read, setting forth that the
diately, without being permitted to produce any
testimony to rebuff a document which the law de-
clares shall be conclusive, he is put in irons, and
sent board vessel departing for the Pacific,
without being permitted to take leave of his parents,
wife, OF children. Do revolt at the mere suppo-
sition of such barbarity? But does the barbarity
and injustice depend on the complexion of the vic
tim! That the contribution requires the perpetra-
mainly, is denied even by Daniel Webster, the
great champion Of the law, since he proposed giving
the accused the benefit of a trial by jury. We
should be fathless to the cause, not only Of Chris
enactment go detestably atrocious; one which es-
tabshes titAe to property in an intelligent, &C
countabe, immortal being, on testimony which, in
no civilized country, would support the claim to
dog.
The cruelty and heartlessness attending the exc
cution of this law-the extraordinary zeal which
our rich men and politicians manifest in its behalf
the sanction given to it by popular dviues-and
the Dfdel sneers which many of our party presses
have deemed it expedient to cast on the advo-
Gates Of "a higher law than an act of Congress,
have unitedly exerted most disastrous influence
on the tone Of public morals One of the most
striking instances of this influence is the vile at
tempt made in Pennsylvania, under the special
countenance of the federal administration, to
convert resistance to the execution of tho Fugi-
tive act into the capital crime of high treason.
fugitive who had been arrested at Boston, was ibe-
rated by some of his colored friends, who, finding
the door Of his room in the court house open. hus
tied the officer, and secured the escape Of the in.
tended victim. Not weapon had been provided,
proclaimed by Mr.. Webster, Secretary of State, to
be an act Of treason-a levying Of warfagainst the
United States
THE CHRISTIAN AFFAIR.
On the 18th September, 1851, more serious Of
fair occurred. An armed party, headed by a depu-
ty marshal, attempted to arrest some fugitive slaves
in Pennsylvania. The fugitives, aided by some
others, stood on their defence. The claimant, Ma
ryland STAKEHOLDER, was shot in the ARRAY, and the
fugitives escaped Five days AFTER the Governor Of
Maryland was officially informed, from the Depart
ment Of State that the District Attorney was spe-
cially instructed to ascertain whether the facts
would make out the crime Of treason against the
United States, and if so, to take prompt measures
to all concerned, for trial for that offence.
| Faithfully and zealously were the orders from
| Washington obeyed. Incredible as it may seem, q
grand jury was found with consciences sufficiently
plant to present no less than seventyeight indct
ments against thirty-nine persons alleged to have
been concerned in the riot. All were indicted for
treason, as well as for various crimes Of inferior
grade.
Let it be recoected that the constitution, to pre-
vent tyrannical prosecutions for constructive trea
son, declares: "Treason against the United States
shall consist only in levying war against them.
in adhering to their enemies, giving them aid and
comfort" It may well be supposed that the 60
yernment selected for the commencement Of the
prosecutions the strongest Of the thirty
nine. On the 25th November Cashier Han
was placed at the bar, charged on the oaths
Of the grand jury, that, on the Ilth September,
1851, "he did wickedly and traitorously levy war
against the United States" The only offence proved
ton, unarmed, and horseback, and that, when
ordered by the deputy marshal to aid him in cap
turing the fugitves, like honest man, he declined
reIdt ring the required assistance. The presiding
judge charged the jury that sthe court feel bound
TO say that they do not think the transaction with
which II prisoner is charged with being connected
rises to the dignity Of treason or Of levyiDg war;
and n verdict Of not guilty was returned without
hesitation. This verdict led the government 10
abandon all the indictments for treason, among
which as one against Samuel Williams. n colored
man, for levying war against the United States. by
giving notice to the fugitives that warrant had
been issued for their arrest. But still effort
made to punish him for this act of benevoence and
he was tired on an indictment for misdemeanor un-
der the Fugitive act: for obstructing the arrest by
his notice, and for which, if convicted he liable
to fine not exceeding one thousand dollars, and
imprisonment not exceeding six months. The trial
by jury was again vindicated by verdict Of acquit-
tai thA 49, 11~l \ -
despair; and. If the gallows and the prisons were
denied their intended victims, the government could
at least beseech the shareholders to accept the will
for the deed especially as it is said no lees than
seventy thousand dollars were expended on these
prosecutions from the public treasury.
coEncING PEOPLE OF COLOR.
In connection with the Fugitive act, we ask your
attention to the renewed efforts to transport the
free people Of color to Africa. We freely acknow-
ledge not only the right Of these people to seek
favorable home than this country affords, but
asoths highland duty Of others to afford them, accord
ing to circumstances the aid they may desire for this
purpose. But the American Colonization Society
profers them undesired aid and some colonizaton-
lists recommend their removal to Africa, render
ing slavery more secure and more profitable, and
relieving the country Of population which they
represent as q nuisance. To induce them to ac-
cert the prof1ered aid, the expressions they here
to render their condition here moro tolerable, by
promoting their intellectual improvement and en-
largiDg the field OF their industry, are often dis
countenanced. In short, the whole tendency Of the
society is, by rendering their condition here ntolcr
able, to extort their consent to go to Africa. We
all know the extreme anxiety Of the shareholders to
exrel the free blacks from within their borders.
Says late South Carolina paper,* recommending
the State ITO ship her free negroes to tthernnd
''The very condition and the circumstances that
surround the free negro are in direct hostility and
dramatically opposed to the institution of slavery"
Mr.. Webster in his memorable speech Of 7th March,
1850, adroity recommended himself to his new pa
irons by declaring that eighty millions had been
received from the sale of lands coded by Virginia;
ANU r.s anu hesSva ss s,om tba ras
people OF color among them, they have my free
sent that the government shall pay them any sum
Of money out of tie proceeds which may be ade-
quate to the purpose" And again If any gen.
tleman from the South shall propose a scheme Of
colonization to be carried on by this government
uyon large scale, for the transportation Of her
coored people to any colony any place in the
world, l should be quite disposed to Incur almost
any degree Of expense to accomplish the object"
Of couIse the Socrn kary OF State il willing To n