New-York daily tribune., 1854-07-18
HON JUDGE HOIR ON THE FUGITIVE SLAVE
LAW
Correspondence Of The N. Y. Tribune.


A CORRESPONDENT of The Tribune from this city,
stated recently that the Hon. Judge Hoar OF this
State. in charge TO the Grand Jury of Suffolk
County had maintained the consttutiOnality OF the
Fugitive Slave Law and its binding authority upon
all good citizens. For some time have been waiting
TO see a correction of this error, but it has not
appeared II is true that Judge Ioar did maintain the
binding authority of the Fugitive Slave Law, while it
is upheld by the Supreme Court Of the United States
but distinctly on the ground of the authority of that
Court and Of the Government to enforce it, and not
because he himself thought it constitutional or right
On the contrary he very plainly ntmated an opposite
opinion and added other qualifications, and recogn
ton of the right of private judgment and the duty OF
those who believe the law to be wicked and contrary
to the law OF God disObey it, which important
to be stated in giving abstract OF the opinion OF
Judge Hear, especially in The Tribune, since it is
claimed by all antSayery men, as being highly
favorable to their views OF this inquitous and inhuman
statute.
Judge Hoar plainly intimates his expectation that
the time will come when the Supreme Court of the
United States Will revise and reverse It's own decisions
on the subject He says:
The decisions of the Judicial tribunals of country
are subject to revision We find the decisions OF the Su
preme Court of the present day oyerung s decisions OF
twenty years ago. We find the Supreme Court OF the
United States Overriding decisions which made when
tina: Court differently constituted holding that those
decisions were and Illegal and is competent
for them to do Undoubtedly, gentlemen, the ultimate
result upon any question of this nature the ultimate de-
csion it, will be result of the general conviction of
the community IL will be the result OF the mass oil pri-
opinion in the community IL may he that at
time the of Congress known the Fugitive
Slave Law will be held TO be constitutional
While the present decisions OF the Supreme Court
remain he argues the duty Of all inferior tribunals to
be governed by those decisions, and shows that any
other would lead 70 anarchy But bis own prl-
yate opinion is pretty clearly set forth in portion OF
his charge; and also the right and duty of every
to entertain his opinion of the law and to dis0bey
il if bis conscience directs him suffering the penal
ties for conscience sake. IL peculiarly gratifying
find this renowned and long established doctrine of
the Christian Church thus recognized and acknOwl-
edged by one of the high judicial authorities of the
land-a doctrine illustrated BY the s. goodly company
" the Apostles and the noble army OF martyrs" in
former ages, and by Purtans and Quakers in later
times, and despsed only and contemned by the cor
rupt politicians and demagOeues OF a degenerate age.
The following is the portion OF Judge hoars charge
alluded to-
- might here, gentlemen if it proper for me to
do and were delivering opinion in which tat ques-
ton arose, give you my private view upon this matter
might say to you tha the reasoning on which the law has
been held to be constitutional Supreme Court
rned understand the decision placed the
ground of authority and of right. might say that
this decision has failed to satisfy my understanding
might say gentlemen that in my view regarding It IN the
best light have upon the matter, that statute seems to
10 eynce deliberate and settled disregard OF all
The principles OF constitutional liberty, than any other
enactment which has ever come under my notice. YOU
gentlemen might each of you entertain similar private
opinions upon this subject. But of what avail is it, and
what night have you or 10 act upon these opinions
IL could never have been the intention of the
trainers Of our Government, it is not consistent with
the rules and principles of Government that
rule Of lay should be held Nay in NewYork,
ther Philadelphia and another in Boston, that It should
be dependent upon the individual opinion OF judge
called upon administer il. The only safe rule Of
duty is, that when the tribunal provided by the Con
siituton and laws has decided upon the consttutonay
Of enactment all citizens IN practice bound 20
gard il a question settled. With their political duties
with their feelings have nothing here 10 do. Within
these wa nothing Of party passion, OF private interest
feeling, should come Il has been said sometimes and
III places that there laws which il is the duty of
citizens to'disobey resist have doubt gentlemen
and suppose Of you have any doubt that law may
be enacted by a republican government, well an
order assed by desDo which may be in itself wicked
and any statute il passed which any citizen examining
his duty by the best light God has given him and acsing
eOnsclentIousy and uprghty believes 10 be wicked and
which acting under the law God he thinks he ought to
dsobey unquestonaby be ought disobey that statute
because he ought 10 obey God rather than man. |
suppose that any who would seriously denyhat there
is anything higher than human law must ultimately deny
even the existence Of Most High"