The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-17

FUN
TREASON IN MASSACHUSETTS.

From Boston
TREASON IN MASSACHUSETTS.
No bill before the leg slatne is important the multi
fcaon BILL its object is array the State government
in direct conflict with the general government by pro-
vding ways TO obstruc and resist constitutional law Of
Congress
Let us look particularly this BILL and what
| it is.
Section FIRST provides that the net to protect personal
liberty Of l843 which, terms referred the then
citing law of Congress fugitive slaves shall apply
the act Of Congress of 1850 Now this ls43 law forbade
State judicial officers from taking cognizance, and State
police officers from doing service under the 1893 law of
Congress 1t expressly provides that justice Of the
peace sheriff constable ailor shall arres detan
aid in arresting OBTAINING any person for the
that he is claimed fugitive save the penalty for this
Imprisonment in the county Jail and fine BY this law
Massachusetts deliberately says her sister States that she
would comply with the constitutional provision and
laws made in pursuance of it to ugitiyes from
vice or labor Such is the State law that is to be
made applicable to the Congress law of 1850.
This law can produce conflict between the State and
the United States authorities, it relates only State
action The way for such conflict to provided
for in the second section which declares that meaning
of the II th chapter of the revised that every
person. except in the there mentioned shall be
titled writ Of habeas corps and reference this
chapter shows that persons that may be claimed ug
tives from labor service among the exceptions
This law therefore, declares that they of right and of
course are entitled to this writ
| The third section provides for the issuing of this
writ This is of vital character that cite the whole
oft:
| SEC g. The writ of haJeas corpus may be issued by
the supreme judicial court the of common pleas by
any justices police court of any city, by
any court record by any justice of either Of said
courts by any Judge OF probate and it may be issued
by justice OF the peace It magistrate above named
tbn he
Of the place where the party is imprisoned or restrained
and it shah be reurnabe before the supreme judicial court
the court Of common pleas other court of record
of the justices thereof whether the be
in session not, and in term time vacation
The fourth fifth and sixth relate to proceedings
be held in the courts before whom the writ Of habeas
corpus shall be made reurnable and in place Of such
proceedings the 1850 law provides it substitutes
trial by jury and provides for the exclusion Of
matters evidence such that confessions admissions
declarations of the alleged fugitive against himself shall
given evidence and that the jury shall have the right
to return general verdict Thus tin intent and purpose
of the law enable the State officers take alleged
fugitive out of the hands of the United States officers and
United States courts and put him into the hands Of State
officers and State courts.
But even as to State action how officers act Does
the Of ls43 expressly forbid sheriff constable
from arrcsng dstaning person alleged be ugi-
tive slave Suppose the writ of habeas corpus be served
the United States officer and the alleged fugitive be
passed the State constable sheriff. how can he
keep him and take him before State court without incur
ring the penalty Of fine and imprisonment Are not the
reyivng the ls43 law express Is this bill
| trifing with the subject
But be this il may, in the next place, the United
States authority is the supreme law of the land The fed
eral constitution expressly that fugitive from
Dor service 'n consequence Of any law regulation
Of State shall be discharged from such service or labor
and the Supreme Court of the United States has soemnly
affirmed That the federal government an exclusive
right regulate the mode in which the claim for fagi-
tive shall be made; and, That all legislation by the
States which directly indirectly limits or restraints the
right of recovery of fugitive slaves or any way inter-
fercs with the summary Of an individual claimed
is absolutely null and void The President of the United
States has dscre,ion he is execute the laws
and his instructions must be the United States officer TO
his authority be maintained any and every cost
As the regulations have cited absolutely and
void the instruction would be- deliver the alleged
fugitive to the State courts.
Here then would be the issue If the State authorities
shall proceed TO enforce their authority law IL they
shall proceed the alleged fugitive the hands
Of the courts there would be conflict The horrors of
civil war would be in midst Blood would flow Is
this legislature prepared for such result7 Ia not well
TO look this process fully n the face before the wild pas
,ions Of internal strife stirred up from their depths
Will not blind and headstrong fanatics selfish political
aspirsnts pause in their mad career Will nothing stay
their 10 the hest governmen, that framed
Will not sacred cries Of the past will the priceless
boon of the peaceful present will the glorious hopes Of
the future, stay their hsnds2
Tr..w u