The American patriot., 1855-07-21

nat, we should ike to ask our Southern
friends, would they think of the question of
po'rer If the Legislature ofCanada or the Par
lament of Great Britain where to pass law
which should undertake to transfer the tr of
a cause from court of the United States to a
court of Montreals Probably they would see.
in this instance, that one Government has no
power whatever TO interfere by legal process
with the legal process of another Government
u the course of execution, and that all such
/ terlc' ence is mere act of war. Do they
suppose that State Of this Union has any
more rowe, to act thus towards the legal pro-
cess Of the Uuited States than foreign Cover
mcnt has2' We are aware that high notions of
State rights and State sovereignty are held in
the South; and we cannot say but that it may
be supposed there to be possible for State to
say to the tribunals of the United States that
they shall not 60 on to the adjudication of n
surrender the whole subject to the State tribu-
na's. But we are very sure that nobody of
Of any authority in Msssachusctt cntcrtains
any such notion; and it is very certain that
thH Supreme Court of the State will yer act
or permit the inferior tribunals of the State to
act upon any such foolish enterprise.
So much for the theoretical power. Let us
now see what the practical result of this nulli-
fc ton act is likely to be. The operation Of
the State law supposes an a'ledgcd fugitive to
be in the custody of the United States marshal,
under commissioners warrant, for trial by
the commissioner Of the question involved in
the claim of the alledged owner. Then CONES
habcas corpus in the hands Of Sheriff to
take the prisoner out of the custody of the
marshal, and to transfer the trial to the Su.
preme State Court and jury. The marshal
refuses to surrender his prisoner. as he must
do or violate his official duty and his oath.
The prisoner must then be taken by force.
The ordinary force of the Sheriff may not be
sufficient for the purpose, and the military of
the ate must be called out to enforce the cx.
ccution Of its process II is not very probable
that the present Governor of the State would
put the military power of the Commonwealth
in motion to enforce law which he was told
by the highest legal authorities in the State is
plainly unconstitutional, and which he him
sell refused to sign on that express ground. II
is not ve'y probable that any future Governor
will take upon himself the responsibility of ar
rayinga military force against the officers of
the United States for the purpose of compel
ling them to surrender jurisdiction over sub
Ject vested in them by u law of Congress
winch has been pronounced constitutional
by the Supreme Court of tho State. But
suppose he were to do so; what then? He
must go on to take the lives of those officers,
Or nothing would he accomplished, and hc
must shed great amount of blood before he
could obtain the custody of the prisoner 1t
may not be generally known, but it is true, that
every United States marshal has the power to
take into his service just so many men as are
needful to execute any law OF tho United States
and the whole Of the treasury of the United
States is subject TO the single warrant of the
President to pay any expenses thus incurred.
In any contest therefore, about the erecution IF
the haws critic Union any States that enters
upon scheme of notification has to contend
wife a monstrously strong Government, and
with one that possesses the ''snews of war; to
an extent which no State can possibly rival.
II the worst were to come to the worst, there
fore, the result would be the incurring of M
enormous expense on both sides, which tho
United States would never feel, but which the
State would find on its part an intolerable bur-
den, and perhaps the destruction of many lives.
This result will never DC brought about by any
Executive of Massachusetts who is in his sen
ses. The people of the State would not relish
the ideas OF paying one or two hundred thou-
sand dollars and shedding the blood of their
own citizens for the luxury of having ncgros
title to his freedom tried before a jury instead
OF commissioner, even if they were sure that
oy could carry their point. AS il would bc
very doubtful whether they could carry it al
any expense, it is not probable that the at
tempt will ever be seriously made.
In all this we trust that no one will suppose
we intend to offer an apology for those who
enacted this State law. Men who could place
upon the Statute book of the State law which
they knew must either remain there n dead
letter, or could only be executed by naking
actual war against the United States, putting
the lives of the Federal officers in jeopardy,
ny,I .Is,,.r Il.
could do this after they had been warned by
an Executive message of its illcgality, can
have no excuse invented for them by anybody
capable Of appreciating distinction between
right and wrong. That it was done affords
only melancholy proof of the reckless and
daring spirit 18th which politicians of II Ger
tain class will triilc with the most delicate in
tercsts and sport with the mos, dangerous wGa-
pons for the sake cf ministcring to and stimu
la'ing the natural dis ike of slavery in the Nor
thcrn mind. But let no Soathern man or
State be deceived into the expectation that the
Executive Governm'n mt Of Massachusetts will
array the State in open resistance to the laws
OF the Union. The present Governor at least,
has shown that he undt rstands his public duty
better than to sign law which attempts to do
this; and there can he no probability that he
will feel bound to enforce law which he has
solemnly declared on the advice of the highest
legal authorities, to be in conflict with the
Constitution of the United States.
by the theory Of the State constitution this
law is Doubtless enacted, notwithstanding the
Governors ve,o. But the Governors oath to
support the Constitution of the Uunted States,
and the same oath taken by every Judge Of the
State, stands directly in the way Of its execu-
ton.
We think therefore, that our Southern friends
hive as yet no cause for relation. They may