New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-30
BREACHES OF CONTRACT.

Instead of comparing the Union between the
States to mere mercantile contract or partner
ship, if there DC any private contract to which
that Union can properly be compared, it is the
contract Of marriage. AS in the latter case, 80
in the former, it is not every slight, nor indeed
every serious breach Of the terms Of the con-
tract that will justify either of the parties to it
in throwing of its bonds. Thus the wife prom.
ises at least she used to promise, 10 love, honor
and obey the husband. But nobody ever pre-
tended that one dozen, or ten dozen acts Of
disobedience would justify the husband in repu-
dating the wife on the ground that the contract
was broken. So the husband promises to love,
honor, and cherish the wife; but it is not every
little slight neglect or oversight nor indeed
every serious one, that liz to justify her in run
ming away from her husband.
This idea of perpetuity is essential TO the
objects and happiness of the marriage union, and
the same is equally true of governmental union.
SO long as the main objects and duties Of the
Union, whether marriage or governmental, are
mutually fulfilled there are many slighter, though
Ofttimes sufficiently serious breaches of the duties
respectively due to each other which, out of
regard for each others idiosyncraces and pecu-
iarities, defects of temper or Judgment must
be overlooked or the redress for them deferred
to some more convenient opportunity. Both
South Carolina and Georgia have had a good
deal of indulgence in this way-SOuth Carolina
in her resolute refusal to submit to the Supreme
Court of the United States the question of her right
to imprison colored seamen forming part of the
crews of vessels visiting her port, nOtwithstand.
ing the judicial opinion of one Of the Judges Of
that Court, native, too, of South Carolina,
that her laws in this respect were unconstitu.
tiOnal: Georgia in her contempt of the United
States Court in the case of the missionaries whom
she sent to the pentenary for refusing to obey her
unauthorized and unconstitutional enactments.
Make the utmost of the personal liberty bills,
Of which just now We hear 30 much, and they
do not amount to anything comparable with this
conduct on the part Of South Carolina and Geor.
gia.
There is no foundation for the idea set up by
one of our city journals that the surrender of
fugitive slaves was one Of the compromises of
the Constitution, without which it would never
nave pten formed. Inc only authority for this
assertion, is statement made sixty years and
more after the Constitution was formed, by Judge
Mclean, Of what, some time before, nobody
knows when, he had heard from Chief Justice
Marshall. But Chief Justice Marshall was not
member of the Convention, and had no special
means of knowledge on the subject. Madison's
Debates abundanty show that the return of
fugitive slaves was not subject of discussion.
1t excited no particular attention. 1t was in.
serted and adopted, almost without remark, and
was far from being treated as of that import.
ance OF late years ascribed TO it. The civilized
world will regard any alleged breach of this pro-
vision as most seandalous and contemplate
ground on which to threaten or to undertake the
dissolution of the Union.