The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-29

cause would M It compel or preyent ;ts orodDc.
non' woulo i Aerefore, say, after a crop is made,
that l woW d not protect the husbandman in
MS iaoor an d property? So with slavery: whilst
would noe intervene to legslate it into or out of
any Ter ftory, yet if it goes there with its owner,
or exists there as property, would allow mob or
unjust and unequal legislation to destroy the pro-
percy? Leave it to the judiciary, say some. Still
q municipal act OF legislation is required to saw
what shall be the legal remedy and form of pro-
ceeding and to give the courts jurisdiction. Many
provisions of the constitution cannot operate with
out staute-the clauses, for example, as to fugi-
tives from justice and from labor cannot operate
without remedial law. In word, not only do all
persons and all property, without exception and
distinction, require laws for protection, but the
courts themselves require the authority of legisa-
ton. The State of Virginia has now in her new
constitution provision which declares:-
"Slaves hereafter emancipated shall forfeit their
freedom by remaining in the commonwealth more
than twelve months after they become actually tree,
and shall be reduced to slavery under such regua-
lions as shall be prescribed by law"
This has been the constitution Of this State since
1851, nearly eight years. and yet it has had no ope
ration and can have none, for want Of statute to
define the proceedings.
jurisdiction, and have had but to declare uncon-
stitutonal law imperative and void they don't act
until case is brought before them, at the expense
and trouble and risk of private persons, often
act. The Missouri Restriction, for example, re-
pealed by the Congress of 1854, not decided by
the Supreme Court to be unconstitutional until
1857, thirty-seven years after it passed, and the
legislative department itself repaired its own
wrong three years before the judiciary did.
But this is demanding "a slave code,' say the
opponents Of protection. We say it is only what
the constitution and existence of government i'm
the power and duty of protection to all persons
and property. The Know Nothings may say, as
they have said, against protecting naturalized cti
Zens-'this is code for the foreigners" And
may alike exclaim against the laws for its sup
presslon-"this Is a code to abolish slavery
This cry of "a code" ought not to deter any one
from claiming the powers and duty of protec
is due. It's first, highest and best duty is to
protect. And thus far it has protected all persons
and property in the Territories Whoever drew
the Kansas Nebraska bill put into it special and
discriminating provisions by Congress in favor of
slavery. Less amount Of slave property than of
any other property can, for example, take case
up to the Supreme Court of the United States
by its provisions; and whilst the canvass was going
on in Illinois, en- army of the United States under a
law for which the non-interventionist voted in the
Senate and House of Representatives, was marching
to Utah to protect, it was thought, all persons and
property in that Territory and to put down the atyr
of Lust there, which would establish polygamy and
the prostitution of woman, and destroy the sacred.
ness of Christian marriage, necessary to identify
offspring in republic founded on private virtue
and the holy family relations and ties. By what
code all this done? BY the code of good morals
l would drive these beasts of Bacchus from Chris
tan land! 1t seems now the whole expense of the
Mormon war was to protect federal proteges in
their, Offices. Well, if they may be protected
in the Territories, so may i and my pro-
perty, and so may our naturalized citi-
zens, peacefully and lawfully abroad, be
protected in foreign countries even the countries
of their nativity. When the issue of popular sove-
raiOp tn loav fha rfo
free to form their State constitutions without force
fraud, or dictation or Intervention from Congress
or any other power, declared openly for the sove-
reignty Of the people. But am utterly opposed
of mo CODE for the sake OF protection and utterly
opposed to the equally vicious doctrine lately put
forth, that the Congress may renounce its powers
and duties of protection If Congress may fail,
by ignoring its powers, to protect slave property
so the Executive may fail, by ignoring its powers,
as it has done, to protect our naturazed citizens in
France, or Hanover, or elsewhere; and if these
two may ignore, so may the other coordinate de-
not intervene" what then? Why, anarchy-might
will make right and the whole will end in despot-
ism. This republic can't live long under the effect
of such doctrines if they be adopted.
No! let us Live and let live" tOgether-love and
be loved in the bonds only of our all protecting
Union. Let il be perpetuated forever; let its flag
of freedom float protection over all its citizens,
everywhere, and over all their property and rights
at home and abroad 1t may have at times to be
surrendered on the battle field; it may be torn by
the steel of the foemans bayonet; it may be burnt
or blackened by the flash of powder in the "sul-
phurous siroc of red war;" but never never, never
let it be polluted by the stains of inhumanity or
immortality or dishonored by the cowardice which
renounces protection and ignores the equal rights
of American citizens. For these principles, If need
be, would vote to hew down forests of live oak to
build ships, dig mountains of iron ore to cast guns
turn all our cotton into canvass and burst it out of
its bolt ropes, in battles with all Europe Boldly
avow and maintain these principles, and there will
he no need of battles but we will have everywhere
protection and peace. With the highest respect,
yours truly, HENRY A. WISE.
To Messrs. UpoLpHo WOLFE, DEXTER Grey, 10 HIN
BRADBURN, &C., &C., &c.
E1OpemeDt Of a Connecticut Man In Indiana.
w. From the IAfa5 cite lind Journal July 2e]
. There has been rumor current about the city
for several days past Of the elopement of wealthy
citizen with woman who was not his wife-leav-
ing behind him the lady lawfully bearing him that
relation-for that portion of country which is de-
scribed in newspaper geography as parts I'M
known" We were requested to make no mention
of the affair for the sake of the friends of the par
ties; but, as all the facts have transpired and are
generally known, we feel that we are under no
further obligation to keep silence, particularly as
of public exposure.
His name is John G. Smith. He is son
Of Hon. Perry Smith, deceased, formerly
United States States Senator from Connecticut
South street, year or two since, and then removed
from New Haven to this city for the purpose of
the improvement of large body
Of land which he owns near Mount Giboa, in
Benton county. Previous to his coming here it is
believed that he had formed criminal intimacy
with woman in Connection, who had been reared
in the family of his wife, but who had married and
subsequently become a widow, At all events,
shortly after his removal here she followed him,
and his attentions to her have been of 50 marked
as to excite general notice and to
greatly annoy his wife, who on one occasion 80
exasperated that she threatened to shoot her rival
and made search for her for that purpose, fortu-
natey, Or unfortunately, without finding her.
On Monday of last week the guilty parties held
an interview, and were overheard fully discussing
their arrangements for an elopement. Smith was
to steal his clothes out e his house in such man.
ner not to attract thd0bservaton nor excite the
suspicion Of his wife; they were to meet at the de.
pot of the N. A. & s. Railroad on Thursday
night, 60 to Michigan City and thence east, where
Smith said he would be able to procure COM