Daily national Democrat., 1860-12-30
NuIIiiying the Fugitive Slave Law.

- -''.Ni ~ SA tb-hhOs
NuIIiiying the Fugitive Slave Law.
As the expression of Southern sentiment,
in responsible quarters is of momentous in
terest at this time, we call attention to the
following from the Civilian, a Democratic
paper published at Galveston, Texas:
We regard the attempts of the people and
States Of the North to defeat the objects of
the Fugitive Slave Law as the most serious
covert act Of which the South has to COM
plain. The open resistance of this law is q
crime against the constitution and the laws oil
the United States, and deserves the severest
punishment The attempts of the legislature
OF free States to defeat the law by Indirect
means are equally reprehensible, though not
direct violations Of the supreme law of tn G
land" as declared 10y the Federal compact
"a list OF the States which have nullitied the
fugitive slave law is going the rounds of the
Southern papers, which is calculated to pro-
duce an erroneous impression on some per-
sons in regard to the extent of the legislation
of some of the States named. The act of
Congress of 1898, still in force respecting fu-
gitiye slaves provides that "when a person
held to labor in any of the United States, or
in either Of the territories on the north W est
or south of the Ohio river, under the laws
thereof, shall escape into any other Of the
said States or territories, the person to whom
such labor or service may be due, his agent
or attorney, Is empowered TO seize or arrest
such fugitive from labor. and take him or her
before any Judge of the u. s. Court or a ias-
tice Of the peace, and make proof that such
person arrested is q slave, whereupon it Is
made the duty OF such Judge or magistrate to
certify the fact (Which shall he sufficient
warrant for removing said fugitive from la
bor TO the state or territory from which he
or she lied" The courts haye held that al
though there is some doubt as to that part of
this law which confers authority on state
magistrates, they may, if they choose, cXer-
else the authority, unless prohibited by State
legislation The act of 1850 confers the
powers delegate TO justices of the peace to
commissioners appointed under the authority
of the United States, and makes it the duty
of all U. $ Marshals and deputy Marshals to
enforce the laws for the reclamation of fugi-
tive slaves, and authorizes commissioners,
marshals, and deputy marshals to summon all
by-standers TO aid in enforcing the law, and
commands all good citizens to do so, when so
required. Any person obstructing the Off
GERS in the discharge Of their duties OF rescu-
ing or attempting to rescue, harboring or
conceahng a fugitive slave is liable to fine
and imprisonment beside being required to
pay the owner s. 900 for any slave so tax n
away. The statute authorizes the arrest
either by the owner or his agent with or
without warrant. State tribunals cannot
by hd5edS corpus, interfere with the eXecu-
tion ofthe Jaw, which IS as full and compre-
hensiye as it could be made. 1t does not,
however, require the use of the prisons of the
States for the purposes OF recovering the
slave, nor does 1t appear that Congress has
any power to do so. 1t is bv the refusal o
the use of their jtils and lorbidding their Off
GERS and citizens to assist in executing the
law that the State legislatures have endeav-
ored TO defeat its operation. The act of Con-
gress Of March B. 1888, is calculated to cover
cases Of this kind 1t contains the following
provisions: That whenever the President Of
the United StaSes shall be officially informed
that any law or laws Of the United States, or
the execution thereof, or Of any process from
the courts OF the United States is obstruct ed
by the employment Of military force, or By
dBy other aHtidwtNt means, too great to be
/ overcome by the ordinary course of judicial
E proceeding, or by the powers vested in the
marshal by existing laws, it shall be lawful
f for him, forth with, to issue his proclamation
declaring such fact or information and re-
quiring all such military and other force
forthwith to disperse; and if, at any time
after issuing such proclamation, any suel
r opposition or obstruction shall be made in
! the manner or by the means aforesaid, III,
President shall be, and herc5y is, authorized
PROMPTLY TO EMPLOY sUcu MEANS TO SUPPRESS
+ THE SAME, AND TO CAUSE THE SAID LAWS OR FRO
CESS TO be 9,dy executed, as are authorized
, and provided in the cases therein mentioned
f. by the laws of Congress" The neglect ol
+ refusal to enforce the laws in this respect EN-
braces the greatest wrong which a Black Re:
publican President could iuGct on the South
Ia regard to the use ofiaila, the act of Con.
gress last quoted provides than in any STATE
where the jails are not allowed to be usec
for the Imprisonment Of persons arrested OF
committed under the laws of the u. States, OF
i whore houses are not allowed to be used, il
e shall and may be lawful for any marshals
under the direction of the judge Of the United
70 States for the proper district, to use othe
convenient places, within the limits of sal,
c State, and to make such other provisions IL
he may deem eXpediont and necessary fo
that purpose.
Thomas IIooD TO ms VICE. never wa
- anything, dearest, till knew you-and