The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-25

need not give back ard Il she party mskias rs
sis.ance Ia nnAvcidsby killed in the struggle. this
and public utility, for few men you'd quietly gu unit
to IN arrest IL In any Of resistance zoe patty
empowered to arrest were obliged TO desist aad
leave .hs business undone' Was pleased GO zee
that the Legislature OF this State at m las. session,
passed lav for the punishment Of resistance to
State process, similar % the act Of Cong ess jus:
read; and it il DO doub. the anxious desire and
prayer Of every good citizen that these LAYS may be
faithfully acmiL stsred AID the dreadful alternative
OF force be avoictd.
The officers, by whose agency the government OF
the United States a1minsttrs tie GO nestle snArs
OF Il t0untry, have jest claim upon the govern
ment for protection from assaul Is irterru ,tor,
in the dise barge of their several duties and the a
dietary, shicn Is q component part OF the goyerG-
meut Is bound to render them taas protect, on. At
tacks upon officers Of government, 8, as to re79sr
its Laws aud authority Ineffective are the fret step
towards insul rec.ior, and their 6efsnc. Is the pro-
lection OF the stability and integrity Of the govern
m(nt.
In all this matter we have no. ed ourselves
sealst cur fellow ctizeIs. Having done just what
the lsx raquiIed OF Us, We have right 20 expect
that conhcen and protection watch are doe to us
as citizens, AZ that respect due lciA tribunal
In this free country liberty of action is above
while net Ia opposition to tue force or auth ri.y Of
government. and rot prjndicisl to the peace or
Happiness If society or the rl.sts OF Individuals;
pursue the course marked olt by the law. wtlout
regard to personal consequences or CO asideratons
This court and jury have nothing to do with the
opinions fnen, discon ected with tie cases. have
re AM thing 10 90 with the opinions Of tio datea-
dsnf. We are not heIe to be controlled by q opiu-
iobs OF men upon any subject II 10 no. our blsiles
To irquf ihto the opinioas Of this defendant Of
any lGan In this COMMUNITY, upon the sublec: Of
slavery, or ary other subject; nor 10 ,ompare our
ophors Hlh tueirs, LOT 10 crafty our own opiai5rs;
but 70 ntistey the laws OF the land wth is.itF.
IRE defendant IL rot upon trsl Tor mis- opiGiols ba.
for iis a. ts He may believe ta.t part 3uIar law
should net be Administered, AGA that process s..
sued in pursuance of 1t should be resisted; but II ais
opn,t ns, cesslng TO be speculative have ended ia
acts 10 morbid sympathy no false respect for pre-,
timed rights OF conscience" or Superior Law
can prevent this court aud jury from judging him
Justly, without fesr or favor.
Tie constitution and laws Of the United SAFES are
tie supreme laws Of the land; and no higher law"
In OPPOSITION reto, can be Scoguised To c0ur.
OF justice. II man wiluy violates The IL as OF his
country by tae commission OF an offence Gaown to
htse laws, be comes with poor grace before jury
OF honeet men, sworn TO render tras verdict &C,
corolng 70 evidence, with the plea OF "higher law"
or rights of Coincidence" In this respect, tn case
is not ellie rent trcm aby other known 20 the cata
losue of cIimes
dictneht is framed is 6istastefu in this community
and Should ret be enfor &C cannot be tolerated Ia
a court of justice Courts do no. make the laws;
but 10 administer them in their purity is their nit
are the expires ion Of the sovereign will Of me pso
pie through their representatives. Every man ia
represented at the enactment Of all laws Of Congress
and eytn if any laws there enacted are not accord
ing to our peculiar opinions or interests, Wa are
bouid as good Citizens to obey thea, and as Judge
and jurors to administer them, while thfy remain
upon the statute book. Upon no other principle
can this government exist as o government Of writ.
ten constitutions and laws. If an appeal to c,urts
and juries to disregard acts Of Congress, because
they may be Gistasseful uapopular, or because
their representative was in the minority, or for any
other reason, were allowed, every pubic act wouia
be annulled in portions Of the United States. Tho
law makiI & power, vested in Congress- by the con.
stitution, would soon become migratory, through the
imtecilt9 Or corruption of courts aud juriss To
ask the judge to with hold the presc bed ssutsn,e
or the jury 10 find verdict in disregard of tie evil
dence, becaute they or tie community looked upon
law with disfavor, is asking The Commission of
moral perjury. Such corrupt principle caunot be
advanced without rebuke Commensurate 50 its
eLoImtJ.
This cont adm nisters laws, that might rot vote
for as representatives and decides au,es, in pur-
suonce of detisiors Of the Supreme Court of the
United States, which individually | might lot az
prove. The organization Of our govern ment, ard
OF cur JUDICIAL system, requires this safEe1 der Of
pliva,e opihion, on the pant OF tina Judge. Equally
are called to ny the issue Of fact submitted b. the
parties. This they sworn to try co -eieg to
evidence. un.er she Judicial system Of the uaited
States they take the law from the court 10 all cases
theii Individual opinions or Lot The Un tee States
ys B.ttiste. SAINT. IA; the United STATES VS..
Morris, Curtis Rep. 23) lie court pronounoes the
law upon its responsibility; AID Tho Jurors fnd the
facts upon their responsibility; bota for judge
and Jury the law and evidence alone form tie rue
CT action, TO which men Of sound heacs and horest
hearts will corscienti. usiy adhere, while Judicial
tribunals are es:e. msi courts Of Justice.
The case was given TO the jury at about P, N.
on Saturday evening. AID taey re NAMED or. until
roen Of Sunday, wien they returned verdict Of
guilty.
The peralty viii the Fugitive Slave act in.
poses for adii In the iescue O. fugitive slave Is
"a fine rot exceeding 81 600 and imprisonmel. 10.
exceetisg Fix moLths.' The party convicted,
moreover, is liable in action for debt in che aum
of 81 900 "fcr each fugitive SO LOST
DEFENDANTS sci have made molten for ar
rest Ct JUG gment, the following being tie points
raised =
]. Because it does not appear in either of the last
two counts. upon which alone the de ecdaut is
found guilty that is court has jurisdiction Il the
offence with which the defendant stands charged
2. Becauie 70 offence under the Fugitive 5lays
act is charged. in either OF said Two counts.
J. Because 1t IS lot avss1ed that the defendant
did aid" "aset,n or " assist" Joshua Glevsr to
escape from tsa claimant his agent, or attorney or
other persons legally authorized to sssist said
claimant, agent, or attorney.
4. Because it is Tot averred that Joshua Glover
wDs fms tive from labor or that he owed service
nor is there any averment tina: he belonged to that
Cidss vi pels<uS 10 nlo III tlt csca 10 Oh whom kne
Fugitive Slave act pronounces criminal.
8 Because it il lot ave-Ie3 that JoGbua Glover
did escape, nor is there anything negstiviog the
fact that be was free man and an American citi
zen.
g. Because the inference and conclusion of law,
IN tie abserce Ct averments to the ccDtra,y are
that Joshua Glover is free man, and entitled ID
all the rights ard privileges OF q citizen.
Personal Intelligence.
ARRIVALS.
At the s. Nicholas Hoel-Hon Simeon Iewett, osNeso
Professor George Davidson e. S. Coast Survey; Dr. A.
Dir m Army Can Hal.