Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-11-06

."r,' not when or where, "r:e' S''' '"5'"o
from Gra. BsWy .:,t
""'' HENRY \. WISE
cro. BonAin. Esq. llamfptOu, Va
MASSACHUSETTS NULLIFICAlloS'
F;u he EaYnrrr.
TO JOHN b. FLOYD, Esq.
The Undersigned tak, the liberty OF "uuleS,'h ~
van some facts and reflections, WHY" "I !" - H.
min ven will not mis- understand lou h"Et "c'"'"e
/. y.r,,ur uf this proud aud unterryei on COWhtO"'
,.coLs mud ynur honurrd father was her noble Gov
srnur nj q lime when this Coniedelary WAS shahen ~
II. r.ntrr You are familiar with all the great ques'
lions of that day, we'll rs those oil the Present.-
Ynn are now the homored representative Oh Porno"
of the good people Of this commonwealth IN Tue l-g'
,,i.,tnre-a Legislature 10 whom all eyes are turned
from Yank.elnm tn Exeter Hall; ana which holds the
,Ipstiuies of the Southern States. If that body 10
which yuu belong shall quail before abolition iiso'
lsuce and from weakness, fear, or want OF hhr'n"
ny i'm spirited retaliation for insult, IN dcsls"H
the best measures of safety, all will bo lost and we
shall he plunged directly into opeu resistance VI :;
luss OF nil the slave property Of the South ouo ~
the progress Of events. They are alarming u III
who will take the trouble to consider them. - !,
The Legislature OF Massachusetts, on me Isl u"I
of May last, by a majority Of two.thrdS ~ Wv. t
Houses, under the false title Of "An act 10 pro.
rights and liberties of the people Of tho o". ',1;r
wealth of Massachusetts" passed AL act !" ~, ~ ~
within the limits of that State The lnwS -, raron
rress If the United Suites providing tor ihe iel'
of fugitive slaves The enurmity U the act GU" W.,
be judged by reference 10 it's leading pro'iSrW ..oa
provides thnt all the provisions rt me nc. -.
chusrtts of the 24th OF March, loi'' ialtie, W
tect personal liberty" shall Apply 10 i'e ,,I,'r
law of Congress approved the Ism oi SrP'e!n'e'
1854 with view To nu!lify the operation at inc la'tr
law within that Stats. In order the more eHee'u"ci.
to nullify and overthrow the laws oi tonS. 81 =,
the rendition OF runaway slaves, ms ACT al ine
Al ia
Of May last, extends the oellOh' VI VIZ "a
beas corpus to every person imprisoned, OF
of his liberty as Of right ant OF course when mI'
NAV be issued by any court OF record Judge Ut JUS
ticc of the peace in the Stulc, to he reurnaDe oee
the Supreme Court, or any Judge thcreo!' anu !.
il shall upurar upon the return Of any such WIZ thh
the party restrained had escaped from service or tdbor
he NAV by admitted to bail III any sum not .Accoa'nr
two thousand dollars; and an issue SNAIL oe J'e'' VI
the facts stated, upon the pea OF not guiity' jury
shall be cmpaunelled to try inc issue VINO ma! re e
turn general verdict, under the same direction rs IL
criminal cases and the finding oi Il verdict OF MOI
puilty shall be final and conclusive. The claimant
shall state in writing tue facts on winch ne relirS VIII!
precision and certainty and no confessions, "ils
sions or declarations "f the alleged fugitive hgniis
himself shall be given in evidence. Upon every
question of fact involved il the issue, the burden I"
proof shall he the claimant, and tho facts alleged
and necessary 10 be- established must he proved ny
the testimony of at at least two credible witnesses, o
other legal evidence equivnn. thereto. Noe part
DEPOSITION or affidavit shall bc received IN proof, II
behalf of the claimant, and 10 presumption shai
arise in favor of the claimant from any proof that tn
alleged fugitive rr any Of his ancestors, ma, peer
actually held Us slave, without proof that such ho'd
ny was legal. .,
The unfriendly AMI miscellaneous character Of these
provisions can the better b. appreciated. by 's'e
glance at the third clause ~! M second section ui ar
iclc ". of the Constitution of the United States
which signed for tho protection "t the rl2f''
uu, liberties The citizens and inhabitants ni all inc
I lp,lu hut Nm Incl
or labor in State, under the laws thereof c;''a
ping into another shall, III consequence "i al! al"
or regulation therein, bedIschlr.ei from such scrficeo
labor, but shall be delivered up on claim oil HE partS
To whom such service or labor may be due. mus
il will be seen, that any t ur rts"I0it'" maze III
State 10 which slave may escape with the ii'ch' u
effect his discharge or release from The service 81 HE
master or To ubsruct or hinder the u ana Tree oi'e
ration of the laws OF Congress, enacted Tor me ian
tul execution of this provision of the Cunstii u"n' l.
direct and palpabe invasion of the rights "i all tht
slayehUlding States, Hnd all lnirHcon col IN" Nohs'i
tuition entirely Incompatible with the great priiclp!e
of the Union, which have hilbert" 50 happily bouiit
the States together.
That the provisions otihe Massachusetts act were
intended to ubstruct hinder and nuy the operations
of the laws of Congress, and destroy the rights %
e-huliers thus guaranteed by the Constitution
the United States, and To effect the discharge ar re-
lease OF runaway slaves within that State, is no. only
evident upon the face of the act but II l. known Il
have bsen passed nvnwcdIy by ablitioui-ts for hes
purposes The laws of Congress for III" rendition
fugitive slaves provide ample guarantees 10 proec
the free negroes OF Massachusetts from being iraudu
sn,iy carried MI into slavery, without the mcrpos
un Ut any State laws the subject ami II lSn sourc,
OF srari,iaaon } shy that not single case has oc
Cured, in which free person has ever bcr ndiudcC
slave under the ucts Of Congress- led oil fraud
uently into slavery. And Yet, u::drr prctcncc I"
protecting the rights and liberties nf the people o
Massachusetts, the Legislature of that State hn,
euacrd provision. 10y which In in.rrpusr between III,
lawful claim Of the owner and his runaway slave anC
by frau iulent writ Of Hijr0s r',pYs, wrest III,
latter If the legal custody Of the officers Of III.
Federal Government; aud then. b. laying the owner
under conditions impossible 20 DC performed il
cure fraudulent verdict, AID rob him ol his proper
ty! Ii this act contained no other provisions, ",
might hope that the honor, patriotism and good SENSE
of sufficient loriOl of the people of old slsIr
Commonwealth would not fail 10 vindcate the laws
OF the United Stules, and break the force of the mis-
chief. Contemplated 10y The trainers Of this uncOnsttu
tioul act vi their Legislature. But The large ma ur
~ 10y which il WAS passed, aud the severe and crte
suuctiuus provided for enforcing is provisions
der dark and gloomy all hope tor restoration Of re-
Spect for our rights, or Ut Obedience 10 the Constitu
ton aud laws OF the Cuion.
This Massachusetts act further provides That If any
person shall rcinOvc, assist in removing, come
INTO that State with intention Of removing. or sis l.
ing in removing, or 10 procure, assist To be re-
moved, any person not held 10 service lutor, on
the pretence that such person has escaped from scr
vice or labor, with intent TO subject him such
vice labor, suall he fined less than Thousand
nor more than i've Thousand dr.ars, and be- nprsun
ed in the State prison not less than one nor nure thu
five years. Such ~ the penalty incurred by every
owner Of runaway slave land his trienGs,I who
may 90 into the State of Massachusetts, 20 recover
his properly, Or make the attempt tn assert his rights
against their act, aud fail therein. This provision OF
itself, is sufficient to deter all persons from the pur
sui: OF their property, under the lava OF Congress-
and To render those laws null and void in thnt State
But the penalties 20 still further, md for the purpose
vi rxtnsuslng all hope Of aid from the patriotic ci-
ufen. OF that Stt III the vindicaton of the laws q!
the Union und the rights n the Southern people it is
divided, that person holding any Office of h0mOr
trt or emOiameHt III thar State shall, in any cupaci-
ty issue any warrant, other process, grant any
Certificate under or by virtue o! either of the acts OF
Congress- tor the rendition of fugitive slaves IND any
person who shHi grant any certificate under either uf
the said nets OF Congress, shall forfeit any office he
may hold under the State, and be forever thereafter
Ineligible {" uiIy Office at trust, honor or emulument
under tue laws .! that Strife. Aud any person who
snail act Us COUNSEL for any claimant of aes ed fu-
s!tive IRON service labor under either of the said
acts OF Congress shall forfeit commission he may
hold, un be, thereafter, incapactacd from appear
inS MS counsel or attorney III the Courts Of that Com
mnnwenl'h. The twn last provisions il is declared
shall not apply to removal from judicial Office but if
any perso holding such office shall perform either of
the actions, it shall be violation ct good behavior,
aud reason for loss Of public confidence, and suili-
ven. ground Tor impeachment nr removal by address
lis also provided, that any sheriff, deputy sheriff,
nilor coroner constable, other officer of tie Satc;
or the police "any city or town, any district,
~, city or town officer uuy officer or other member
oi the volunteer militin of the Commonwealth who
shall arrest nprsnn detan, restrain, or aid in so
doug, any person for the TINT he is claimed Or
ududSeh To- be fugitive from service or labor shall
DC hned not less than one thousand, and not more
than two thousand dollars, and be imprisoned in the
State prison not less than one, nor inure than two
years. And the volunteer militia nrc prohibited
from acting in any manner in the seizure detention.
rendition Of fugitive slave nndrr like fine n:ld
imprisonment.
But the act does not stop here. To this accunula-
ton OF injustice and injury, the gross Insult every
Southern and Slnvehodiug State is added, al prnvl.
ding inr the appointment "f commissioners in every
.'mniy ui Massachusetts 10 project. .oi~"' "'..l
Mill. lI.rI -.