The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-05-10
THE CASE OF JUDGE L0RING-THE PRINCI-
PIE INVOLVED


they expect the public to concur in their views
and are inexpressibly grieved at indications il
any quarter of a disposition to question the
soundness of their opinions and the wisdom o.
their policy. Slavery does not bear discussion
in the South, and it was therefore the opinion
of John G. Calhoun that the North should be
solemnly called upon to refrain from discussing
1t. Free colored people are excluded from the
right of suffrage in the South, and the Wash
ington Sentinel therefore deems the late attempt
in the New York Legislature to enfranchise
that class of persons in New York State, with
out regard to property qualifications, just
cause of offence to the Shareholders. The ne
cessities of Slavery require the degradation Of
the whole colored race, and hence its Southern
supporters regard as hostile to their rights any
Northern movement designed to elevate that
portion of it residing in the North to citizen
ship.
In word, every act by the Legislature of q
free State, intended to guard the rights of its
inhabitants against annoyance or injury from
Slavery, or to stamp with disapprobation acqui
escence in its extravagant demands, or to dc
honor to Free Labor, is denounced by Slave
holders as lawless and anarchical.
Judge LoRING was Law Instructor in the
Harvard University. When the time for a
new election came, the Overseers saw proper
" to dispense with his services" and elected In
his place Gov. Washburn. He was also Judge
of Probate under the State Government, and
the Legislature, after full discussion of the
question of his removal, agreed, by large ma
iorities in both branches, in calling upon the
Governor to remove him. The reason in both
cases was, his administration of the Fugitive
Act in the trial of Burns. No complaint, we
believe, was made that he had been harsh or
unkind in his personal demeanor on the bench.
BY some it was alleged that he had prejudged
he case, by others, that he was over-willing to
secure the rendition of the alleged fugitive.
But it may be fairly assumed, that the manner
IN which he administered the Act, had little or
nothing to do with the final action of either the
Overseers or the Legislature. Let us admit at
% stamp with severest Reproduction the Act it
self, of which he was the voluntary admins
rator.
Had his action been involuntary, the treat
nent he has met with might awaken some sym
oathy for him personally; but he was not bound
% accept the appointment of Federal Commits
sioner. Already occupying the important post
Of Law Instructor in the University, and the
honorable office of State Judge, that Federal
appointment could add nothing to his reputa
ion or standing. His acceptance of it was
purely voluntary; such, therefore, was his ad-
ninistration of the Fugitive Slave Act in the
case of Anthony Burns.
The only question, then, is, is this Act of
such nature as to justify the People of State
N excluding from all preferment under the
State Government, persons who voluntarily aid
who understands the theory of State Sovereign
~ and Federal Jurisdiction, will deny their
right to do this: the question concerns simply
the exercise of the right. Under ordinary cir
they could not be justified in pro-
scrbing citizen from State favor, for taking
part in the enforcement of Federal Authority
But, in extreme cases, such prescription may
be necessary to check or remedy Federal usurp-
alton, and protect the Sovereignty of the State
This Fugitive Slave Act presents precisely a
case of this kind. We have good authority for
saying that it was drafted by a Southern Sena-
tor, under the full belief of its being so alb
horrent in its provisions, that it could not be
enforced at the North. 1t is regarded by the
great majority of the People in that section as
tyrannica, subversive of the principles and rules
of procedure of the Common Law, incompatible
with State Sovereignty, inhuman, anti-Demo-
cratic, utterly revolving to the instincts, educa
and, by large numbers, if not majority, of them,
not only without sanction in the Federal Con-
stitution, but in violation of its sacred guaran-
ties. No authority, no use, no argument, no
appeal, can reconcile them to its enforcement
The lapse of time since its passage has not
served to abate the luminosity against it. The
homilies of the Supreme Court, the imposing
parade Of power by the Federal authorities in
its support, have not rendered its administra-
ton one whit less odious or difficult. Every
attempt to enforce it srouses popular excite
ment, and deepens the adherence among the
People of all its provisions. To all these in
dications of an adverse public sentiment, those
who WELD the Federal Power have steeled their
hearts; they spurn all protests, reject all petit
tons, will listen to no suggestion of repeal or
even modification.
Now, We hold that, when the People of a
State concur generally in regarding this act as
barbarous, disgraceful, violative of State Sow
ereignty, oppressive, dangerous to their hber-
ties, and involving a fragrant usurpation of
power, they are bound by every lawful means
to make its administration so odious, that no
citizen, who values his reputation, will render
himself responsible in any way for its mante-
nance or execution. If man, honored with
a State appointment, choose to make himself
thus responsible, let him be dismissed from
office. If he will consent to be the instrument
of what the State regards as Federal usurpa.
ton, the State may not infict positive pains
and penalties upon him, but it will leave him
to seek his reward from the authority to which
he devotes himself, and bestow its honors and
offices upon those whose views are in accord
ance with its own, upon the matter in contro-
versy. And whose business is it, if the State
sees proper to repose trust in those only who
fairly represent its settled convictions? Why
should it place or continue in State Offices, men
who on great practical question hold opinions
and pursue course condemned by an over.
whelming majority of its People? If the Uni