The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-13


The passage OF the law by the legislature OF assa-
chusets entitled An project the rights and liber
ties Of the people of the Commonwealth" raises question
Of the most nomeutous Importance for he consideration
ofthe whole country Although the act purports by its
title 10 lave only local operation, it, in fact looks plain
" and expressly eectua prevention Of the execution
within the limits Of Massachusetts, Of law OF Congress
which enacted 10 carry out express provision of
the constitution The whole scope and design of the Mas
sachuses intended to render imperative and void
that clause Of the constitution which southern
me- the restoration o. then fugitive slaves If its pro-
visions enforced they win ofcctual the object
contemplated and present the singular anomaly Of State
ia which clause Of the constitution migratory whilst
It il 10 full force in all the Others
TO show beyond controversy ihat mistaken
10 conclusions the purpose ofthe law and of the
efficiency Of its provisions attain the proposed object Of
abrocatng the fugtvesave law aud the clause Of the
constitution which il is enacted to carry out give the
following abstract of its leading provisions
provides that every alleged fugitive from service
shall entitled the benefit Of the writ Of habeas corpus
which be issued by the supreme court
pleas Justices police city any
court Of record judge of probate by any justice Of the
peace provided such magistrates known to be
within five miles Of the place where the party imprisoned
No person holding any State Office is allowed to issue any
undsr penalty of orfing his Office and being orerer incl
igbe any office Of ra smosmen under the lars Of the
Commonwealth. Sherf, consabes police officers, and the
volunteer militia forbidden to aid in any in carry
ing out provisions of the ugtveave law of 1850,
penalty Of fine Of not less than 900 than
81 0o0 and Imprisonment in the State prison for Of
from to two ANY who shall act as counsel
attorney for claimant of alleged fugitive shall be
deemed to have resigned any commission he may hold from
the State and shall thereafter be ncapactded from appear
ing counsel attorney any Of e Of the State No
State Jail is to be used place for the detention OF al
legged fugitive"
1t is obvious that tie practical effect Of these provisions
win be to prevent any of fugitive slave hereafter
from recovering his property in the State Of Massachusetts,
In view Of the facilities afforded for resorting to the
writ Of ha5eas corpus the penalties dsquaifcatons and
disabilities attached to hemlta the police the attorneys
and all the officers whose assistance has heretofore been
found necessary in the execution of the law in the State it
is difficult conceive how the regular military force
of the United States be successfully used for the
forcemeut Of the federal constitution in Massachusetts, 1t
is difficult how the Judicial power Of the
United States be made effective removing the OBJ
sructon to the law and the constitution thus deliberately
erected for their exclusion from the State The is
strongly stated when remark that the gtyesave
law, and the clause in the constitution which it rests
both to have any vitality and force sIassachu-
sct,s.
The grave question then presents ITSELF What is the
present relation of Massachusetts, to the federal Union
When the fathers Of the Union had completed the work Of
preparing bond for the perpetual conederacy the
under common constitution they anne xed one essential
condition to its final consummaton They provided that
before the Union perfected the constitution should be
ratified by solemn vote of every State which was to be
sember Of the compact There were two States which OBJ
a A. atxt..
they remained for short period outside Of the Union It
essential TO admission into the constitutional confed-
eraey that each State should rat the bond of Union
sareeach and every clause must be ratified by each
aud every State that entered the Union North Carolina
and Rhode Island had been represented in the convention
had aided by their delegates in forming the constitution
and far their delegates could do So had adopted
the constitution But the people Of these States hesated
TO assent TO certain clauses in the constitution submitted
TO them and the Union formed without their co-opea-
ton. They did not and could not claim to be in the
Union to so much Of the constitution as they were viii.
ling ratif and of the Union as 10 SO much as bav
esapproved They did not and could not claim the rgh,
Of repudiang such clauses Of the constitution as were Of
fensive aud yet Of atyng such we're acceptable and
thereby Of securing the benefits Of participation in the
Legislative executive aud judicial functions provided fol
sant respect does the relation which Massachusetts, now
bears to the Union differ from that occupied for time by
North Carolina and Rhode Island? Has not Massachu.
sctts determined with much solemnity as did North
Carolina and Rhode Island that she does not ra,ify
the federal constitution whole? II is answer ia
say that IL is law OF Congress and provision of the
constitution that she cpudates and rejects Such posi-
ton involves her in treble treason The law is con.
stitutionalso pronounced by the tribunal provided
IN the constitution for its adjudication A consttu-
uonal law is as much the supreme law until is re-
pcaled as the constitution itself Hence when Massa-
chusetb repudiates the fugtvc-save law she rejects
the clause in the constitution which authorizes Its en-
actmen and she rejects the clause also which author
ICES the federal Judiciary determine its consutionaly
by her late act therefore, Massachusetts solemny decides
that she whdraws the ratification of the constitution
which was essential in tho beginning for her enjoy
ment Of the benefits of the Union If she had done
then what she has done now she would have stood
outside OF the ooniederacy along with North Carolina
and Rhode Island These States incurred no odium
In their hesisaucy-they took time 20 consider and to
determine the question Massachusetts, decided to ratfy
ala ra'y and took all the benefits Of the constitution
But now she withdraws her ratification and solemalv
adopts the measures necessary to exclude from her
tory essential portion OF the compac, of union Gan