The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-12

conditions Of aalvasl = are impiousiy reversed.
oss ss1y ST. atss a e
This appeal the coipiHee believe the LAgsIaturs q
lseo will not feel iseif liberty % shun or deny. Or
constituent cannot be Lightly turned away. unn0oo1 en4
unsatsned The time has arrived when the voice II hn-
msniiy, in our State, will not be hushed u s..ss.
The petitioners whose prayers the Legislature ugoo4
10 consider rot concerned about Imaginary psv
snce neither 90 they plead for any visionary theory, ~
excite Indignation against any fancied evil They - n
woe :tion Of the greatest republican State IN the world, IN
behalf OF her 600 ccored citizens whose liberty im-
periled by unjust and despotc law Of the United 1ss
duced 70 the alternative Of becoming kdnappcSs q hu-
man beings. cripnas before the statute q the cansa
Of human freedcn which % outraged and abused n Nsw
York BY the existence Of the Fugitive Slave act q ssp
Your committee believe that such law A Is asked tor
l. Because God has explicitly forbidden Vie
rendition Of fugitive servants 70 their masters.
master tho servant which is escaped from his mag
ter unto thee He shall dwell with thee even among you
in that place which he shall choose OF thy R6tes
where il hketh him best thou shalt mot Cypress him."
peut. xiii. 10, ID
..al men are created equal aud arc endowed BY their
Creator with certain inaenable rights among which
life, liberty, and the pursuit Of happiness" a -
Because protection is the first duty OF civil govern
mcnt and the STATE that does protect all the rights Of
all human beings within It's Jurisdiction forfeis claim
the s,egancesof human beings, disbands socey aad
oompes ts citizens to protect themselves each with hh
own arms, ne he best can And government. that
not protect personal liberty can protect none OF the minor
T. Because the provisions Of the fugitive bill Of 1850
allowing 70 jury trial prescribing NO mode Of defence for
pcrons seized recognizing right Of producing evidence
Of their freedom but, the contrary, receiving the
testimony Of the claimant excluding tina. Of the peraos
claimed, without process Of law and making the duty
Of the Commissioner to deliver into the hand OF the
furnished By him as shall be- sasisc,ory 70 .ne Conn.,
missioner, (!he amount Of whose fee doubled By his
no ne Ss
Commissioner who both Interested persons, without
the means Of protection or redress,
g. Because the State II New York has . moral, poii
CAL and constitutional right 10 be free State She has
in her statute book, declared herself 10 be Saie
And the FEDERAL Constitution confcrs power Con-
gress the federal Judiciary or the federal executive 70
prevent her from being Tree State. But FREQ Stats, Va
reality he neye can be while shc suffers her soil 70 be
polluted by the footsteps Of hunters fugitive
nor VIII fhc permits, within her jurisdiction the
iorccmt Mt Of the slave CODE In s most abhoens and
g. Because, far from Its being true that the enact
ment OF an effective personal liberty law, BY the Slate or
brethren OF tho South the reverse OF this would be
true Ok the ten millions Of our brethren the South
who would hail with delgh, such statute OF the reain
ing six millions, who are free whites, only about
fourth Of million are slave holders could have
and threefonrths millions Of non sayeholdpg whites
could have no desire for their being sent back among
them, 70 compete with and degrade their free labor So
that only one fourth Of million among millions or
proportion Of 70 70 1ooo or pa per cent Of all our
the most stringent personal liberty bill that CoIh be en-
acted BY the Legislature Of New York
Many other equally conclusive reasons might be ad-
duCed II the limits Of this report would permit Dit the
committee design 70 offer NJ this time, only the oass upon
which may be built an impreenable fabric Of Arguments
In favor OF the measure proposed 10 the debate which
will follow the Introduction OF the bill accompap ying this
report greater latitude will be available for the pressnta
ton Of arguments In its favor. and also for replies 70
objections that will be raised by those who may oppose
the bill
word, however, in relation the constalionaty or
uncopft,utopasy Of the proposed law may here be
out Of place.
sons this the point Of difficulty Some honestly decline
TO support the measure, because they bclive be
conflict with the Constitution Of the United States Ohers
the committee have 10 fear make thu prctcrcc for
Opposing what they know TO be obnoxious prin cipe
he political party TO which they belong The enemies Of
Every sep towards liberty since The dark ages has been
met with the Same plea contrary 10 the Consttu
tom there is no law for y have been the argumeats
and In every country, our own not excepted.
There law higher than constitutions, 10 which lesis
in this argument, appealing to thst higher Law for sup
port the committee are content to rely fair and be
raj construction OF the federal Constitution believing
liberties.
The csuse Of the Constitution respe sting per.
sons held TO servce and labor furnishes not the
shadow Of preteyt for the fugitive bill OF 1859,
az espoSnded and enforced by the fedora! oammis
fpesks OF "persons." But, according 10 the code Of
sys,y .layes are not persons but niDes chs..sl. Il
ny neid a. cSsliSs cqda ,Aala a vsfryics-hey are
ops held 10 service, and In State, under the laws
sbcreof" But there state laws holding
tor Mason Jntsc Mathew Judge Porter, and other
prominent statesmen and civilians Of the South holding
slaves there are In the slave States no Laws establishing
or creating the relation OF slavery. The constitution
speaks OF persons from whom service labor is "dus
Bot nothing BY the code Of slavery can be .dus from
The slave held property and nothing can be sdue
from property its The letter Of the oonsttuon
to slaves Neither docs lis spirit There is dooSmsnary
evidence to the contrary Is record that the Con-
the rendition Of fugitive slaves but aflerward adopted
without debate the existing clause reepectog persons'
Chat Is apprentices and o'hers from whom labor wac
There IT, therefore, constitutional obstacle 10 the
enactment Of law BY the people and the State OF New
inhabitants
The enactment Of persona liberty law by the State Of
New York. will add another TO the series oc honorable
measures in favor Of human freedom already her
statute booss WILL perhaps be regarded as toe crown
%g a' q ner so's az 1 eSsm mp Sm o light and
which struck the foreign slave trade but the
stenoe Of slavery Itself In 1885, John Jay introduced
measures for the abolition Of slavery aud 10 l79s bill
passed for the gradual emancipation OF the slaves this
Stale. In 1917, under Daniel Tompkias iministra
ton more complete abolition Of human por,age was
secured, far related 70 the slaves Of New Ysrk In
$780, under Governor Seward trial by jury granted
to fugitive slaves arrested in this State and In lsii law
allowing Shareholders visiting passsog through
State 10 hold their elaves: for nine months. was
repealed. About the same time, under the same
standardization, the Executive authority decided
that this Stale should bot surrender, ss \ fugitive
from JUSTICE person charged in another State with steal
ing slave az property.
In 1857, solemn resolution wss passed by both
branches Of the Legislature, declaring that this STATE w
allow slavery within her borders, In any FORM or
under any pretencc, or for any time "
AT the laet session, (l65e act similar 10 the
proposed passed the Assembly bu. failed in the Senate
hs bill received "a votes In the Assembly, with only ~
against IT, and Ii believed 70 have been loei IN the
senae more from want o! time than from want Of votes
The committee submit herewith bill, which they
will receive early consideration and be enacted into law
before the coee of this session.
Other ates have not been unmindfl Of the claims OF
the unfortunate fusves from the hand Of slavery (jee
Appendix.)
Maine hss forbidden all State officers from assisting In
the capture Of fugitive slaves and denied the Of
jas and prisons for any such purpose Vermont, Ech
protect the personal liberty Of every insbtant Of the
state, regardless OF color, Rex, condition. Esssa-
chusctts In 1896, psssed very ccctuai Law Of the
character. which vetoed BY Govcrno. Gardiner,