The American patriot., 1855-07-21
From the Boston Courier,
Notification and Retaliation,


We observe with regret that in many nor
tions of the South various measures nre talked
of for the purpose of retaliation on account OF
the passage by our Legislature of an act design.
ed to nullify the fng'tiv slave law. 1t may
be very natural for Southern men to feel in.
dignant at the conduct of Massachusetts in this
particular; and, whether wise and prudent o,
not, it may be very natural for them TO cast
about for the purpose of seeing how they can
make us feel, IN our packets, the consequ ence
of our foolish legislation. But it is all com
plctely unnecessary. The act of Congress,
which provides a process in the name of the
President of the United States for the recovery
of fugiives from service, anda Federal tribunal
for the trial of the questions involved, has not
been nullified here, and never can be nullified
any where while the government of the United
States stand and the law itself continues to
exist and the officers are faithful to their du-
ties. When the Government of the United
States is prostratcd, when it no longer exits,
or when it has no officers TO rely upon who
are faithful. to their oaths of office, this law,
like all other laws of the same Government,
can be put down by State legislation; but, un-
til that day arrives, it is not in the power of
the wit of man to frame a State law which can
defeat legal process of the United S atcs, direc-
ted to be issued by mn act of Congress, uron
any sub'et Of which Congress has cons,itu-
tional cognizance This is true universally,
both as theoretical and practical question.
Let us see If it is not true in this particular
case.
In the first place, as to theoretical power to
nul'ity the laws in question. The legislature
of Massachusetts,, by the constitutional maori-
ty of the Governors veto, have passed II law
,,,tn lad r r A.
cxtradtion of fugitive slaves from the tribunal
where Congress has placed them to State t,i-
bunal. This law comtemplates previous SER
vice of commission RS warrant under the
act Of Congress; that the person arrested as a
fugitive in the custody of the United States
marshal and that State Court is to issue a
habeas corpus which is to take the prisoner
out of the hands of the marshal and transfer
the trail of his case into such State Court,
where the question of his owing service to the
claimant is to be tried by Jury This is to be
sure in its provisions, the most bold nullifica-
ton that has ever been put upon paper. Con-
gress declared that n particular question, OF
which it has jurisdiction shall be tried in a
particular tribunal, upon certain process and
in Il certain mode. The State interftrcs and
says that the question shall not be tried, but
that shaW be tried in the State Court, upon
Stafe process, and that, too, notwithstanding
the jurisdiction of the Federal tribunal has al
ready attached upon the person by the service
OF its process. This is the same thing as if
had commenced suit against b in a court OF
the United States, upOn n contract or a wrong
which gives that court jurisdiction, and after
the issuing Of process and the attachment OF
BIS person or property the State were to st y
forward and say that BIS person or property
must be given up sheriff. and that the
question must be tried in a State court, the
State not seeing fit to permit it to be tried
where Congress has placed the jurisdiction
II may be very easy for Frccsoil lawyers OF
politicians to frame the sections of what is
called a lan fiucns u mar lHccndo) which
seems to effect this sort of marvellous transfer
of a subject of jurisdiction from the tribunals
of one Government to those of another
transfer so marvellous that. if it could be done
the authors of the trick would beat all the pro
frssors of lcgcrdemain that have yet appeared
upon any stage. But as there arc things in tn,
physical world which are incapable of being
DONE and which are never supposed to b,
done but by those whose cyesight is deceived
by appearances, so there arc things in the le-
cal world which can never be accomplished
but which may appear to the undisccrning tc
have been brought about-npoa paper. This
is one of them. The principc is MS clear as
exact and as unerring in its operation as any
law OF nature, that when once the .jnislictiol
of either Government has attached, by the ser
vice OF its process upon a person amenab'c tC
that process, the other Governments can in NJ
way intcfre with the custody Of the pcrsor
or the traSf the question involved in that pro
cess One would suppose, therefoec, that any
intelligon Mt man might see that State attempts
to nnliify the fugitive slave act or any othc
act of Congress which directs legal process
arc all the idle pretersions politicians, wh'