New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-06
COMMISSIONER LonuNe AND TIE FUGITIVE

We have received an elaborate review Of Commits
sioner Lorings decision, which we would be glad TO
publish if we could any utility in doing so. But
it seems TO us TOO much like firing into tree after
the flock has flown. We do not see how Mr.. Com
missioner Loring, after consenting to do the dirty
work on which he was engaged, and deciding the
Fugitive law to be constitutional could have done
otherwise than he did We make no quarrel on
this head.
1t seems to that the great omission of duty in
the Burns case the part of the the
Commonwealth lie stood by and saw the State
authority dcGed and trampled under foot when the
United States authorities resisted the service of the
writ Of personal replevin, which would have taken
Burns out of the hands of the Federal authorities
and as we understand the Massachusetts laws, would
have brought the case before jury. Here was the
point where something could have been done in behalf
OF subst initial justice. The writ personal replevin
should have been served if it had taken fifty thous and
men TO serve IT, They would have been forthcoming
if they had been wanted But it would have taken no
armed men, but only little resolution on the part OF
the Governor to have indicated the majesty of State
law. But Governor Washburn dsregarded the papa-
he duties of his exalted station, suffered himself to
he intmi1ated and the State to be Inundated by
patry band of armed mcrcenares of the federal power,
and pusillanimousy submitted to see the dignity and
honor of the Commonwealth trod into the art. That
abdcaon Of his proper functions teaches this lesson
Massachusetts, must put her Executive Government
into the hands Of men who will teach the Shareholders
lesson of State rights. This is her immediate and
imperative duty. Ii is not the Federal Government
that is the supreme authority in this Confederacy the
real sovereignty lies in the States. Upon all
questions of personal liberty especially the State
authority is paramount. If not misniormed
in regard to the character of law there
nothing needed now but an nfexibe discharge OF plain
duty on the part of the Executive, TO forever put
stop 10 such proceedings as have ndelbly dsgraced
hat Commonwealth during the last week. The time
is fully come when such an Executive should be
psced in the Governors Chair. But if it be other
wise if Massachusetts laws yet insufficient for the
adequate protection of the citizen upon her SOIL let
legislature be chosen who will make such laws, and
if need be- let the people take measures to create
judiciary that shall give rightlul interpretations to al
law, federal and local. We are in the beginning OF
radical movement, and must stop at nothing short so
results There is great question in issue between the
people of the free States and the slave power and one
the other must completely triumph. Ii is stfug-
Gle involving the very existence OF the Tree states as
sovereign and independent States. Il is a struggle
worthy of the Hottest effort and demanding the stern
est and most uncomprOmising discharge of duty. Ii
the Northern States do not deserve the chains of
Slavery they will rise in their might of civil and leg
islative authority. and overwhem those who give
tmd counses at this crisis and will plant themselves
upon ground worthy of free men and free States
The existing Fugitive Slave law is an enactment
that cannot stand and be executed in the nonslave-
holding States We plant ourselves upon this posi-
ron as fixed fact. As . law passed under peculiar
circum stances, and coming in the character Of an
equivalent Yielded TO the slave States for certain
imaginary grants made by them to the free
States; sustained by our great men OF the
North and the West; wearing the aspect
Of compromise between rival sections, essential
TO the preservation Of national harmony; the law had
at least some show of claim 10 observance. Assuch'
it was passed and as such it has, after fashion, been
executed for the last three four years. But the
circumstances by which we are now surrounded have