New-York daily tribune., 1856-02-12


linn inis the Office. As TO his being chosen by "a
sLree popular vote" he would, had be been
,G.;nated az . Know-NOthing candidate, have
been chosen, like the rest, by small majority,
fhoueA when the nomination was offered 10
Aim-if it was ever so offered by anybody bat
Goyernor Gardner-whch We doubt-cven that
was very uncertain. But he could not hsye been
n the same time the Whig and the Know-SOthing
candidate, and had he accepted the Whg nomina-
6on-whiCh was not to be expected Of trim
u,er"-thst would have stood in the way Of his be-
iss afterward smuegled into the sffee by Governor
Gardner's inilence over the Know-Nothing mem
bszs Of the Legislature.
1t would appear, then, from this bill Of psrscl-
hrs. that, apart from our comments on his con-
duet in the Sims Gaze, the only thing in our former
xrtiele which, so far as Mr. Clifford is concerned,
needs any correction is the aseribing to him joke
which he did not utter, and the giving him
credit, which it seems did not belong TO him. for
helping TO repeal tho law against mixed marriages
"A poiut vpon which Tie Atlas insists, we sup
pose, lest it might iDjure Mr.. Clifford with the
Hsnkers and the Know NOtbngs We come now
ts his conduct in the Sims case-the only point
very material TO the ssue-thst issue being whether
Nr. Clifford was justly accused or not Of having
acted the part Of trimmer" and SNEAK
The following was our original statement as to
his matter;
~JJpder these circumstances Mr.. AttOrney-Gensra
Clifford was called upon for his advice. II was imPc7-
sble for him to hold that Massachusetts, crmna
warrant ought 10 take precedence Of mere ci"i
ella m under the authority Of the United oJateS; Dut
iuer hs GA
sf Sins in spite OF the Massachusetts, warrant, he
ssegested 10 the Sheriff that the harha refused to
ufnt 10 the warrant be had better return 1t into the
Peee Court with that fact IndOrsed upon it. thus a.
fordnr the Harshal a chance 10 run off with Sims, at
a time when the Sheriff would have no warrant ia ls
haDdsp'
Upon this statement TIE Atlas INDUCES in the
following comments
"The writer here shows that he knows nothing about
The matter The advice of Mr.. ClhOri was precisely
The reverse of that stated"
BY way of supporting our original statement, we
shall give, in the first place, the letter addressed
by the Attorney General to the Sheriff of Suffolk
County, and for the better understanding OF it we
EAy mention that, by way of offset, and az cover
against the Massachusetts criminal warrant,
United States criminal warrant had also been is
snea against Sims, not with any intent to hold him
10 trial upon it, but merely to aid the Marshal in
smuggling him out Massachusetts; and secondly,
tAat Mr.. Parker the District Attorney for Suffolk
Cosnty, bad also undertaken to give advice in the
matter by endorsing which, in the'Paragraph which
We have placed in italics Mr. Clifford completely
staltfed himself, ard abandoned the rights of the
State. II is impossible not to feel the force and
the Justice of the brief but caus.c criticism this
passage introduced into the report of the Commit
bee OF the Massachusetts, Senate appointed to in
vestsate this affair of the surrender OF Sims espe
eially coupled as it is with the statement of preC
nant fact which criticism we also subjOin--a crit
ieism to which, as we stated in our first article,
Mr. Clifford never to our knowledge made any pub
Ec reply, though TO "Our certain knowledge, to
borrow the phraseology of The 1tGS, he did at
tempt in private to brow beat the chairman Of the
committee into some rctractiOn or modification
Of it:
"AITorsEY-GESERArs OrFIcr, April ., 1851.
To JosLPH EyELETn, o., SherBSfhs CssHig @ @s9elk'
{" SIR: have received youT note Of this morning,
and have examined the opinion of the Attorney of the
Commonwt alth for the County OF Suffolk which ac-
companies IT,
uuiry, that fully concur with Mr.. Parker in the
eausion 10 which he has arrived upon the question sub
rnitted by you, it is stated in the opinion.
n a I
the corresponding Cctdi duty Of civil officer of the
Commonwealth 10 execute a precept by force, and for
ths purpose to summon if need be- au armed posse to
hin aid against al opposing force directed by an officer
acting under the authority of tine Federal Government
bat one course could be open to him. however lament
able and disastrous the consequences OF such resort
~ violence might be.
lie would be held by his sworn obligations, snd
and under the highest Tcspons bltiea 10 maintain the
supremacy Of the laws Of the Commonwealth. But to
jasfy step fraught with consequences m0neuous,
he must first be well assured that he has the IarfA
rgh TO compel obedience and submission, at any cost
and at all hazards TO the precept in tie execution oi
which he is thus perDg the hvt Of bis elo1citizcns.
This right while the party is held bv the United States
Marshal, under a crimina process duly issged by
competent tribunal, L am qsite clear you cannet
maintain.
"If however the party is discharged from that pro-
eoss your right and your duty to use every effort 10
sff, ct the service Of warrant issued upon the
plant for alleged violation Of a law of this Com
nonw ealth, eqealy clear. 10 cannot be main
tanned, and would not, think he pretended, that If
the party held in custody by the United States
Msrshal upon a merely civil process, charging him
with being fugitive from labor and service under the
act Of Congress of 1880 lie could thereby be protected
from criminal process issued by competent authority,
and be removed ont of the State without answering
the charge of having committed ofcnse against the
laws ofthe Commonwealth. Whether II your efforts
10 eGect psaccd6 serrIoe Of tie Varrant ans-r these
sIrc4nstaRces fkou!d be rcpeea ~ tie Marsha, yOV
sLOsd resort 10 force the 6rsf tRsfdEce Or MAKE
yrturx o. the facts upon tie raTrant, sh c vle,
Ne ssE'ng IF rrit ef h06cas eorpUs by te CSpr 10
~hieh the TGrTdn3 retgrsabc, IS question of
xrsre ,mportaRcc; aad Tie suggestions OF Hr, Parker
spoR hlS point arc 6aItei 10 groat consideration.
prepared 10 sag that yJN t-oEd not Be justified
ss adSpt,ag eitker Gitcradtre-fkoggk 70 Gr0id col
kstes By Jeroe betrocH tie GEOrites ot the STATE aad
fkOse 81 The CR9tcd States, sAONd certasHy, VItA
Yrescns rtecs, GdriSc resort TO tie latter.
with respect TO the wIit Of personal replewn, |
adopt entirely the views expressed IN the opinion Ii
has been enormously represented that have recently
avowed in pubic the opinion that under this writ an