The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-26
THE PRESIDENT OF THE CHICAGO CONvEN
TON ON THE PERSONAL LIBERTY LAW
OF MASSACHUSETTS,

Dut nc nad yamoSed, and thus saved his neck.
THE PRESIDENT OF THE CHICAGO CONvEN-
TION ON THE PERSONAL LIBERTY LAW
OF MASSACHUSETTS.
CORRESPONDENTS BETWEEN ROBERT c. WINTHROP
AND GEORGE AsHxUN.
Bo<sroS Dec. IL, 1880.
My Ds,R Nix. AsnxrS-I believe can have but one
feeling this moment and that is earnest desire to
do whatever towards rescuing country from
its present perlous condition II may be too late do
much and have no faith that can do ANYTHING But
you in position, think, TO do good deal. II
70 that hardly anything could have better in
fuence than the manifestation Of desire and Of pur
book by leading members Of the republican party. was
cut OF the country for nearly year and half and
back TO my old connections with the party which sup
ported Bell and Everett. But you saw presided at tho
Convention which nominated Mr.. Lincoln. This gives
you prestige Of the highest importance An article in
the Springfield Republican, in favor Of repeating the per-
sona liberty laws they called has been attributed
70 You, and hope Justly. Now, il really seems
Sov 50 much no vne gSaa 90 any
result I know nothing Of Mr.. Lincoln except what
saw Of him in our old thrtieth Congress, and willingly
bore testimony TO his conservative at that time in
tho only speech which made before tho election. II
seems 70 that he himself must desire earnestly
Of TO have these stumbling blocks removed of
the way II you had any authority for such opinion
your efforts would be all the effective But open
advocacy of the measure your part, by heading
memorial in favor Of IL, would be great step; and you
could succeed in getting Influential republicans your
part OF the State TO join you the result would DO most
suspicious dare that you have thought Of all this
and that my suggestions may be supernuous. But
could not restrain the impulse 10 write YOU few oand
lines q ~, urgency on the subject the matter must be
go ahead. have been led 10 think OF il from let
ters received recently from some Of old colleagues in
of IL scasonaby II YOU have not done already and
something speedily you can consclentously
REPLY or
SrmSGrED, Dec. Is, 1860.
Nv DEAR SIRT most eheerfuy reply TO your letter OF
the 18th inst, in tho friendly spirit Ia which il
was written. The high regard which associated
relations during many years OF public service, i'm
pressed upon me- been weakened by the apse Of
time, by the different paths which sense Of duty
led each ~ us 10 pursue In the recent Presidential cleo
ton. believe that We were both guided by the
principles-ooking 10 their practical dsveiopoment
through different means for cannot forget that your
fidelity 10 tlpse principles, which have been vindicatcd
in this election, brought upon you the venomous
sailts Of the same men who arc now endeayorng 70
break the Union OF these states; forget tho
manly fidelity with which you adhered those princi.
Piles through your entire public life. Ny deep and sin
cere rcrret-otien publicly as well AS privately de-
clared-has been and s Is that reasons public pri-
vate, or the disaseful condition Of public affairs,
unjust temporary popular prejudice should keep you in
retirement from that activity which would give your
receive therefore the requests and Suggestions made
In your letter With hearty welcome And however
important may be my opinions on the subject 70 which
you refer, and reluctant as am 10 intrrde them upon
others, such request, coming from one who his he'll
and honorably nlcd your high positions In both the
state aud federal governments, and thus commands my
personal esteem, entitled to respectful and frank
response
say, then. without hesitation that In my Judgment
the enactmerts OF Iegsature which Intended or
calculated to impair the force and effect Of the fugitive
slave acts Of Congress wholly unconstitutional and
void They should never have been passed and ought
to be permitted b remain statute book dc.
nonced them when they nrst projected, and have
never fes and sxw.ss deep regret that any Of
our people should have been lcd BY acts o. injustice on tho
part o. any Of our sister States, 70 reale by OF
oct a. il Is commonly called was rst passed over the veto
OF Governor Gardner in 1eS5--at time when tho wild
surge Of tho Know Nothiny' tempest was sweeping
hnlf1 of xaet
noxous features stricken out at the
mendaton Of GoyeynorBank in ieSs. There was an In
tcnton ~ entire repeal manifested In tho Legislature OF
1856 and bill for that purpose had actually pissed the
trial stage IN the ouse OF Representatives and with every
prospect q aral success, when The news Of the
Indignation % arrest Tor the tmo every
useful effort in that direction by th's means
Of the obnoxons provisions Of that act still remain
and incorporated into general statutes and stand
rcproach TO the usually Just and conservative chArac
% % sss g . ~ you'll n enable "a, pass
dcwy 70 pronounce On their validity; but have no
doubt " should he presented, that our own high
judicial tribunal would declare them null and void
fp they TO defeat impair the true intent and pur
pose Of the scts Of Congress.
The fugitive slave acts Of 1913 ard 1850 were pssed IN
Of clause Of tho constitution Of the rnted
states which all the people ~ the uuou gave sJenn
assent; and though they cntsn provisions which arc
necdleesy harsh and though, in my judgment, they
would he more ecctual protect tho interests " ths
claimant thu right - trial by Jury upcn the question
hsld w q. our cgsrts state a well "a relcra 70 90
binding on us a. having been ENACTED strictly within
constitutional powers o. Congress-. Our own supreme
has recognized them; and probably no go Judge he's
baA frequent occsn 70 execute and enforce thoir
cuircmcat that learned upright and hufnaa" roprb
can Nr. Justice Mclean, Of Ohio Mr.. Douglas, tn Jther
day. N the senate, did no than Justice eh.n hs
said that Judg- Mclean repub can Judge, hai aiw lys
suited tho Fugitive Slave law with entire lelty.'
10 -tte then, car be fTt in attempting ~ " rsiA-
two enartments % nullfy evala those A~s
tanning any sueh enactment ~hcn ia wrongful qualify
mefe 10 appear
some " the other slave states had long before pesei
Laws which n gross violation of the consultation ~
he Cnitei states, and q tile rshs of citzus o. oser
atcs You bsve yourself srrairn"i them bfsre The
srafc and at the bar q public opinion, sor thes1 acs
of Modification: and yor co-id ~ tlt tine d. boldly,
and Guenharrasssd nv any cDnsco1snoss hat your osn
state hal followed the bad example,. AMI NJ bcnm-s
those states now 70 urvn ne The lrrp1iaton nf
"a wsich they the hrst "a tho worst perrg
ira'msi a 2 bod out, as prSsyt Tor incir prose-
vVk NJ rcsassory acts VI similar chAracter b.,
nevertheless their bad en- nencc ID tbs rcspcct shcul
be no justification Cor "a The NV % south saronA =
sanrlo 81 what the other slave states have done AM
quote the second section ~ the act 81 cemhcr y,
1872. No fail 70 ses that the rghts of every
mercbant, lpowner shipnsster aud siir, whiie ~
well as coiorcd, are plainly vioatcf--
Sec nsiy vessel shah into any pgt o. habor q
s, "a. I'm any chez % sac son sr u sor Fe ~
vessel sues lie negroes or r-ruoi Of color ha liable
ssi ps $ AZ. . a and atm ina. When sad
a ,he captain % .aid vessel shall b bound . cy asy
Pssss q rs assnacn and IN ncgIec q sIu..
20 ' ~ ss nab . & rsss snd m svsS non
ess man TIC monhs and sncn free nvces o persons
isao. : - - p-'''' 49,
This lsw may, quito recently have been somowha.
modified bat do not forget the fact that Ia ATTEMPT in
apeacef1l way % test ia validity hy al APPEAL 10 IN
Supreme Court n tho United SLslx resisted ny