Star of the Kanawha Valley. [volume] (Buffalo, Va. [W. Va.]) 1855-1856, 1855-12-19

Il
that other independent sovereignties have
not equal authority 10 maintain, i it seen,
| to them proper, that sound policy re.
Iquires the continuance or establishment
Of slavery within their limits, and have
mot equal power 10 declare whether it be
consistent with the rights Of individuals
that itshould be continued orabolished
The government Of the United States
have no such powes delegated to IT, Il
belongs alone to the people, when they
come to establish the fundamental law fol
their own government; and Congress has
no authority to prohibit any State from
looming into the U1ion because slavery
Eexists or does not eSist within its limits
! Tits q false philosophy which teaches
that the institutions which have proved
good for one peoples are and will be good
for all future COMMONWEALTH. 1t is moi
true that the the. Institutions of Austris
or Russia or Turkey, which they think
good, are best for tie United States. Il
is not true that the institutions of Con.
necticut would be best for Virginia, and
| if it were true, it is no less false to at.
tempt crusade against nations Or States,
to compel them to embrace principles oil
laws obnoxious to- them, because they
are deemed good and. wholesome by
others. The true and only sound prin.
ciples is for each State Or nation to adapt
its laws and constitution to the. circum
stances which surround it. and in accor:
dance with the wishes of majority -oi
its people. and to abstain from intcrfer,
ence with the concerns Of others. This
principle. if adhered 10, will prevent the
termination Of the seed Of civil dissensioh
and disuuion, which.false and designing
men are eontin ually sowing broadcas,
over this land. o. Nh n ,
/ Congress had no night in t22O to pass
the Missouri Compromise. II had nc
right to prohibit the introduction of sla.
very above one line, and to permit it OF
to entail it upon the people below that
line. The south submitted then to fla,
grant violation Of its tights. for the sake
Of peace, for the sake Of fraternal affec.
ton, to obtain quiet ahd repose from in,
cessant agitation and annoyance. In.
stead Of rcpose, il only opened the food.
gates Of inccssant Interference, and let
loose n host Of fanaticsto attempt other
and more fragrant violations Of our rights
and to destroy both social and national
happiness. The act establishing the
compromise has now been realed. By
such repeal, slavery is neither recogni.
zed nor encouraged, nor is il prohibited
or abolished. All are left to theirf con,
atitutional rights. We ought not, we
cannot, with honor. W III sclf-respect,
without humiliation and dcbascmcnt, per-
NIT this iniquity again to be established
over us, The constitutional guarantees
must be respected aid Executed. We
ought to take firm Stand, and .lot our
ultimatum be absolute an unconditional
five do not, the 'Unpn il worthless, and
will became an nsins Of unmitiyatcd OPP
preston. B ! =
+ As an evidence ofwhaf we are to ex-
pect, | refer you 70 The late act Of the
General Assembly 81 Massachusetts, and
ask you to examine itear4fuIly AMI calm.
ly. if you can. That i so ex'raordi.
nary in its character that ! invoke your
attention 10 the dangerous tendency Of its
leading provisions. Under the tile Of an
act to protect the rights and Liberties Of
the people Of the Common wealth Or Mas
sachusetts. it is provided that the act Of
that State further to protect personal lib
erty, shall apply to the acts Of Congress
OF the 18th Of September, 1890, providing
for the return Of slaves escaping from
their ma sters, and tint The writ ofTbabcas
corpus shall extend TO every person, i'm
prisoned or restrained Of his liberty, as
of right, and Of course, that it may be is
sued by any court ofgtecord, or any Judge
or justice Of the peaA in the State, re-
turnable to the supscme Court, Or any
judge thereof; and if it appear that the
party restrained was elaimdd as fugitive
from service or labor5in another State, he
may be admitted I'd Eaif sin any sum not
exceeding two thousand dollars. The
claimant is required t state in writing the
facts on which he rides, with precision
and certainty. An issue upon tho plea
Of not guilty is directed to be joined on
the facts stated, A Jury is to be impan-
neled thereon, who return d general YER
dict, and the finding Of the verdict Of not
guilty is declared final and conclusive
And it is provided that no confession, ad !.
mission or declarations Of the alleged fu-
gitiye against himselfshall be given in
evidence. Upon evepy question Of fact
involved in the issue the burden oil proof
rests on the claimant. and the facts a.
legged and necessary to be establish ed
must be proved by testimony Of at least
two creditable witnesses, or other legal ev-
idence equivalent thereto. No exparte
deposition or affidavitis allowed as proof
in behalf Of the claimant, and no pre-
sumption shall arise in favor Of the claim
ant from any proof that the alleged fugi-
tive or any of'his ancestors had been &C
tually held as aslave, without proof that
such holding was legal. :. -.
THUS il will be seen, that after taking a
fugitive by habeas corpus out Of the
hands of the officer who may have arrest
ed him under the laws Of Congress, the
owner by this act is placed under condi-
tons impossible to be complied with. un-
less at an expense far greater than the val
ue Of his property. Again--the Judge or
court, before whom the writ may be re-
ft,, "a Al. u. L i