The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-07

any duty or practical advantage remains dependent
the possible result Of q rial Meanwhile duties
command Immediate There rs now no issue be-
fore the people touching their political relations 10 sa
government that regard determined for the next
four years but instead Of preparing for rehearng and
period that party Of reaction has engaged in an
effort 70 abolish the tribunal and overthrow the authority
OF the people themselves And the single question now
presented 70 the nation this shall reactionary spirit,
unfrendy TO liberty, be permitted to subvert democratic
republican government organised under constitutional
forms
Upon this sue, over the heads of all mere politicians
and partzans behalf of the Commonwealth Of Massa
chusets appeal directly TO the warm hearts and clear
heads OF the great masses Of the people The men
who own and till the soil, who drive the mills,
and hammer out their own iron and leather
their own anvils and apstones, and they who,
whether in the city the country reap the rewards OF
enterpsing industry and skill in the various pursuits Of
and brave. They know that simple defeat in election
Is no cause for the disruption Of government. They
know that those who declare that they will not live peace
ably within the EnioD do not mean to live peaceaby out
81 it. They know that the people OF all sections have
right which they intend TO maintain OF free from
the interior to both and from Canada TO the Gulf Of
Mexico and Of the free Of all the lakes and rivers and
highways Of commerce, North, South, East or West.
They know that the Union means peace and unfctter-
ed commercial intercourse from TO and from
shore to shore; that it all against the
friendly presence or possible dctation Of any foreign
Power, and commands respect for our flag and secu-
rity for trade. And they do not intend, will
they ever consent, to be excluded from these rights
prospect Of the benefits which humanity claims for itself
by means of their continued enjoyment in the future.
Neither will they consent that the continent shall be
overrun by the victims Of remorseless cupidity, and
the elements Of civil danger be increased by the barba
rizng influences which accompany the African slave
trade. Inspired by the same ideas and emotions which
commanded the determination of jackson and Webster
another great occasion Of public danger the people OF
in thnvC
the words Of jackson, The federal Union, IT must be
preserved"
rebellion Wch threatens to egu the government ouerroW
democratic institutions, subject the people TO the rule Of
minority, not o. mere mtary despotism, and IN some
communities 10 enddnger the very existence of civilized
ciey, cannot turn aside, and acH not turn back
Is to those Of our brethren in the d96ected States, whose
han TO Ourselves that we this labor ohich ,oh the help
Of Providence, II Is our duty TO perform.
CO. .. d NJ ,h @ .;,r.io 20 ,ba 1rpinr orc sacre ~
Massachusetts, while the Union shall endure, and what
authority function pertains TO the edere govern
thority or function which neither the government
nor the people OF this can or would usurp
eyade Or OVERTHROW Apd Massachusetts, demands, and
has right 70 demand that her sister states shall like
wise respect the constitutional rights OF her citizens
within her limits And il is reproach TO human nature,
and breach ofhonor that Of her free citizens who
happened to touch the soil Of South Carolina should
been sold into slavery under laws the assertion Of the
uncOns'itntelsy Of which that state Furnishes with
frop Soutt Carolina 70 Massachusetts.
GOVERNOR BANKS ADDRESS.
PERSONAL LIBERTY BILL
Durng the nrst year OF my aominssratlon r &C. IN
mended 10 the Legislature the REVISION OF the t or 'n
Protection OF Personal Liberty by the repeal Of some Of
its Objectionable features. limited my ehlectlans 70
s sHaa II ,Ss mDSsse .s0 D
rights and hs ,,,as N ,hArc
amandsn,s snasest.d re,,ovcd our ou,n eli; zens
Who in pursuit Of their own lawful pursuits or under
nrov,s;ons ana s;e, n nrosacnt;ona cr dis
bononbin Shy en- TS,h;c sorpce 7, us al, !
rr;od ,ha anSorc, 81 ,aa;satinn IN harnony Nth the
ORIGINAL Law has nreyented 70 ks snbiect
The iynrrtant avents Of tha time nnu Je
mand further COMMUNICATION of the statute =
Legal advice Is sometimes sought for the purpose of
or nrcvsn,eS rathe than Sho dscoverw If
What s msf and right Nicotine rnas of conetrncton
which would govern states standing in Jealous or hostile
attitudes hs act ms n now stands a,thouuh onarang
in an unfriendv snir AGAINST one of the laws Of the
United states and pressing the rights of the states to
tho EXTREMIST limits might no said mot atogether IN
the movers of The Ierslature INT there IL
one nrovsion Of the habeos corpus act which cannot
within any reasonable rules Of construction be SO re-
Tho trial NV ,ury
The Constitution of the United States declares that he
privilege OF the writ OF habeas corpus shall not be sus
pended unless when in Of rebellion or Invasion the
nubl,c safety NAV reauiro IL u II Is writ therefore
10 which resort nav no had in nh cascs '
There are offences for the punishment Of which nro
vision 4 made nv Saie and federal and in
such Wherever anv s Srought before the
courts az This state II i tho nrovnoe Of the Cont IA
Recognised The If thai having the
offender in ts rossesion by priority of arrest or
ton hut whera tho nrocess Statute and nrisdcton Is
Exclusively In either the other must surren
der any claim 10 control The nrocedure or quality the final
Judgment
Nv The constitution Of the United States No person
held to service or labor in one State under the laws
thereof cscanno into another shall IN consoonence az
any law or regulation therein be dscharped from such
service mr. Labor ht shall no deverad mn on claim or The
party TO whom such labor or service shall be due
The Iegsature Of This state has NOT atiemnted nv
legal enactment 10 give elct to this Unconstitutional pro
vision II & true that the statute authorizng the writ
or personal repeyn provie that in proceedings under
snch writ If il appears that the defendant IL entitled
to the custody II The paint as his child ward
apprentce or otherwise he shall have Judgment for he
RED eliyery OF the body To be held and disposed Of ac
cordipg to law
But this statute was not intended 10 carry into execu
ton the Constitutional provsons for the rendition of
fugitive slaves neither would IL be admitted that tho
courts 10 which srcb writ should be returnable would
DC required 10 return fugitive slave 10 the person 10
whom his labor or services might be due snch d,a
nosjtion would not no aecordng IN ow of This state
No have thareore no statntn n givo aaac, 10 ri.