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Anti-slavery bugle. (New-Lisbon, Ohio) 1845-1861, September 26, 1845, Image 3

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In the first nrticle wo wrote under this cap
tion, we commenced an examination of the
positions assumed by tho Editor of the Cin
cinnati Herald in his comments upon the
pledge. The. clauses which lie discussed in
his first two articles we examined at length,
promising to give further attention to the
subject at some other time, as we had not
then been able to procure a copy of the Herald
which contained his concluding remarks.
Wc have it now before us, but must say that
its ambiguity and sophistry have made its
perusal far from satisfactory. In the 5th
No. of the Bugle wc showed that the pro
visions in the U. S. Constitution in relation
to the foreign slave trade, and that determin
ing tho ratio of representation were pro-slavery
when adopted, were designed to be pro
slavery, and are pro-slavery now; and that
even if there were no other objectionable
parts, that no consistentabolitionist can swear
to maintain a Constitution which requires
the support of such provisions, or appoint
another to swear so to do.
The next clause we shall examino is the
"No person held to service or labor in one
State under the laws thereof, escaping into
another, shall in consequence of any law or
regulation therein, he discharged troin such
service or labor; but shall be delivered up,
on claim of tho party to whom such service
or labor may be due."
Tho Editor of the Herald admits that this
clause was designed to apply, and is appli
cable to the case of the slaves, but then as
it relates to the responsibilities of the sev
eral states, and not to the duty of officers
under the Constitution of the U. S. he is not
able to see that a promise to support the
(Constitution, docs in this particular involve
a support of slavery. He denies that it im
poses any duty upon the Representative in
Congress, or upon the President. He as
serts that
"It imposes a duty, but a duty upon the
States, as sovereign parties, contracting with
each other. It imposes no duty upon the
General Government! It is simply a clause
of compact between the States, hy which each
is bound to pass no law discharging from
service or labor a person who may owe ser
vice or labor in auothcr State."
There may perhaps be a closer connection
between State responsibilities and the duty
of officers of government than tho Dr. is dis
posed to admit. We will examine this mat
ter a little more closely. When Ohio came
into the Union and became a party to tho
general compact, she promised by the adop
t'on of the clause which wc arc considering;
Firstly, that nono of her laws should dis
charge fugitives from the service or labor
they owe their masters: Secondly, that such
fugitives shall be delivered up. That is Ohio's
part of the contract. Suppose that she re
fuses to perform it, and that the Buckeyes
rally around the fugitive and defy tho power
of tho claimant; what is the result? Ohio
has as much nullified a Constitutional pro
vision, as did South Carolina when she re
fused to fulfill another part of tho contract,
and James K. Polk, or James G. Birney if
lie bo in the Presidcntfalf.'hair, is as much
bound to enforce obedience of Ohio, as was
General Jackson of South Carolina; and the
provisions which Congress has made for all
such exigencies, are used by tho President
for this purpose. It is for this, among other
things that Congress votes army appropria
tions, commissions officers, enlists men, casts
cannon, manufactures muskets, and forges
swords. If the ordinary means placed at the
disposal of the President are insufficient,
then must ho adopt such as will ensure suc
cess, and Congress is bound by oatli to fur
nish him with those means which will ena
ble him to compel Ohio to "deliver up" the
fugitive, as she has contracted to do in the
Constitutional bond.
After considerable argument to prove that
although Congress may havo a right to im
riosc q' duty, it does not necessarily follow
hat it has a right to enforce llie fulfillment
jot that dutv thus making the Constitution
most emphatically a "no government" doe
ument, and the U. S. government more im
potent li?n a palsied giant ho siys,
"The opposite construction of tho Consti
tution, involves tho r;.."ile, tint tho crea
tion of a right or the imposition ut a duty
bv tho Constitution, neessirily implies ;
power in Congress t.) fulfil the one and se
cure the other. If thji be xsijau 1 principle,
Congress has power t abolish lavry i all
the Slates jnr, Arlicla filth q( Auicirliiinuis
'declares, that "ifo persm shall bo deprived
of life, liljnrty or property without duo pro
cess of tw." Hero U a rijjlit confirm or
father fj!Clrcd ''y t'lB Constitution; Con
gress is bound to in iko it effectual; hut, if
it does, what becomes of slavery which, in
stripping men of their rights, his never oven
pretended U "due proee-M of law."
Docs, ths Iylitor mem to have his readers
understand from this, that although the Con
stitution declares that "no person shall be
deprived of life, liberty or property without
due process of law," it is powerless to pro
tect tho life, liberty, and property of thoio
to whom that proiision r'fcrfi! Y em
make nothing else out of it, and we must
say that such position appears to us as the
very acme of absurdity, coming too, as it
does, from ono whose party contends that a
faithful administration of the government, a
carrying out of the principles of the Consti
tution would overthrow slavery. One word
as we pass, in regard to " due process of
law." That may rightfully bo regarded as
due process of law, which is according to
hit'. Process of law is varied by the cir
cumstances of the case. A man who swin
dles you out of a thousand dollars cannot bo
arrested without a warrant. The duo pro
cess of law by which he is deprived of lib
erty, is very different from that by which
you deprive of liberty the assassin who at
tacks your life, or the robber who is break
ing into your house. So in relation to the
child of a slave mother. The process of law
by which ho is forever deprived of his legal
right to liberty is a much more summary one,
than that which bolts and bars the prison
door upon the offspring of a free woman.
Besides, the Constitution does not assure the
citizens of the several states, that tho loe; 1
governments shall not deprive them of life
liberty, or property "without due process of
law," but simply limits the power of the
general government in relation to this matter.
We have said tho language of the Editor
is ambiguous, and we repeat it. Ho first
admits that the clause in relation to fugitives
from labor is applicable to the slave; then
asserts that ho holds to a strict construction
of the Constitution & maintains that every one
must construe it for himself; admits that the
law of '9.1 is an attempt to carry out the pro
vision referred to, but contends that the de
cision of tho Supreme Court in tho Prigg
case which declared that this provision of
the Constitution executes itself tint it need
ed no auxiliary law,is not in accordance with
the principles of just interpret ition, anil is
adverse to his view of the subject; and on
behalf of himself and those with whom he
stands politically connected, declares "as a
party, we question the soundness of that de
cision, and assume that it is not final."
Had tho decision been fntarable to his under
standing of the clause, and the slave claim
ant have said "wo question the soundness
of that decision, and assume that it is not
final;" it is not unlikely he would have told
thcin what we now tell him: "You agreed
to submit this, and all other Constitutional
questions to tho arbitration of the Supreme
Court, promising to abide by its decision;
and you are bound to sustain and regard it as
final." The Dr. and his friends, perhaps
may, as did Granville Slnrpe and other En
glish abolitionists, bring public sentiment so
to bear upon the Judiciary, that its decision
shall he reversed, but until then, that decis
ion is the constitutional law of the land, and
as sued they must sustain it, if they are true
tithe obligations of citizenship. There is
h lwever a wide difference between tho case
of Granville Sharpc in the English courts,
and Gamaliel Bailey in the American courts.
The Constitution of the British people is not
a contract between the individual subjects of
that government, which each and all of the
contracting parties is bound to maintain; the
Constitution of this country is such con
tract. It was therefore perfectly right for
the British abolitionists to endeavor t.) com
pel that government faithfully to test the
practice of its subjects by the principles
which the few had declared should govern
their conduct toward the many; and it is as
clearly wrong for American abolitionists to
endeavor by a decision of the Supreme court
to alter tho meaning of a contract, or to place
any other construction upon its language than
that which it was understood to convey by
the contracting parties at the time the agree
ment was made. A contract may not be vi
olated or impaired; if the contracting parties
consent to have it altered, it then becomes a
new contract. The l S. Constitution being
a prj-slavery compact, he who strives to
make it bear an anti-slavery construction, if
he knows what the trainers and adopters of
it designed it should be, acts in bad faith,
and is dishonest.
The assertion of tho Herald that the Pres
ident and Congressmen must determine their
official course by their own understanding of
tho Coi.ititution, is true in a very limited
sci;e. Thosj parts of it upon which there
Iris been, and can be no controversy, such
for insunce, as that each state sh ill h ivo
two, .in but two Senators, every officer may
support as he understands it, for it can be
understood in but one way. But docs Dr.
11 lily pr itnn I to say that the decisions of the
Supreme Court upon the parts submitted to
it, tire mi! bin-Hit ( upon the official course of
the I'. S. oTi;:ers! We think he will hard
ly be so false to truth, and so insulting to
common sense as to make the assertion. His
t it k about indicting the President, and dlsi
placing tho Congressmen when they act in
confurnilty with their idoas of the require
ments of the Constitution, but in opposition
t'i the idou flf something els, doea not by
any means provo that theso officers are not
bound to support the Constitution as the
Supreme Court interprets it, and 'tis but lit
tle consolation to know you may punish a
man for doing tho wrong, especially when
you havo previously told him that hit ideas
of legal right are to be his guide. The con
clusion of this part of the Herald's article
is ns follows:
" If the Representative, therefore, is not
bound by this provision of the Constitution
to do any act whatever and this is our po
sition then the President is not bound; for
he can be under no obligation to give his
assent fn a law, which is extra-constitutional."
The extra-constitutional law which the
Editor refers to, is the law of '93, i0 ao
mits that the clause in relation to fugitives
from labor is applicable to the ease of the
slaves, and this law only prescribes the way
in which they are to be reclaimed. It may
be unnecessary, we think it is, but to assert
that it is unconstitutional is as absurd as to
deny that the clause upon which it is based
is applicable to slaves, which wo have
known some Liberty party men do; for if
tho Constitution gives Virginia a right to
reclaim fugitives from labor, then is a law
which simply prescribes tho manner in
which they may be reclaimed constitutional.
Those however who think the Dr. right
must stand by him and fall with him; but
instead of calling him the strict construc
tionist which he claims to be, we regard
him as an exceedingly loose constructionist.
We intend to resume this subject next week,
and examine the remaining clause referred
to in the Disunion Pledge.
John B. Comm. It will be seen by tho
intelligence in another column that this once
eminent advocate of Temperance, has turned
aside from the narrow path; whether through
his own weakness, or by the deep laid design
of others docs not appear. Thank God the
Temperance cause is founded upon a princi
ple that cannot be shaken; a principle that
will be ever true, though all men prove false.
Whether our brother siuncd in weakness, or
nuwittingly fell into a pit that was digged for
him, our fervent wishes are, that he may bo
re-baptised, and endowed with vigor to labor
anew in the cause of Temperance.
The admission of the "Lone Star" into our
boasted galaxy, has been anything but the
precursor of peace. If we have not war, yet
"rumors of war" prevail throughout the land,
and are greedily seized upon by the spccula-
them for the accumulation of wealth, or the
acquisition of political power, as their tiste
or need may make desirable. They furnish
a capital subject upon which 3rd rate orators
can make stump speeches, or electrify ward
meetings of the "unwashed Democracy."
Men who are brim full of poetry and patriot
ism, talk largely about "revelling in the halls
of the Montczumas," anticipate with great
gusto the plundering of Mexican churches,
calculate to a fraction the value of the "little
golden Jesuses,,' and discuss the quality of
the "diamond eyes of the Virgin Marys."
Tho editors, too, have found this subject a
god-send, and their brains give forth para
graphs of less pith than pathos; argumenta
tive or speculative as they may feel in the
mood. Army contractors are reaping a gold
en harvest, and men who lined their pockots
during tho Florida war, are expecting to give
them a second and heavier lining by means
of the Texas campaign. The faithful arc
coining forward to renew their oaths of alle
giance; and those who have been considered
doubtful, to make assuring profession. Even
tho little Magician, whose spell was broken
by his incautious Anti-Texas declaration, has
repented, and is now engaged in bringing
forth fruits meet for repentance, by recom.
mending all good Democrats to stand by their
country in tho present emergency.
Tho most authentic information wo have
received recently from various sources, we
herb present to our readers. .
"There is no probability that Mexico will
declare war."
"A declaration of war from Mexico is dai
ly expected."
"Mexico has declared war against the L
nited States."
"Mexico has not declared war against this
"The Mexicans are marching in great force
toward the Texan borders."
"The Mexican army is very small, and
great difficulty is experienced in keeping it
"General Taylor and the force under his
command, have been cut off by tho Mexican
"The report of General Taylor's capture is
authentically contradicted.
Jn addition to the many flying rumors, we
have before us an article from the "Union,
which bears enstampod upon its front the
imposing word "orriciAt,.' By this we re'
ccive the gratifying intelligence that our Dra
goons in tho South are in excollcnt health and
spirits, that both horses and riders had plenty
to cat and drink on their route there, and aro
in good fighting condition; that General Aris
ta, tho Mexican commander cannot get to
gether more than 2,000 troops at any availa
ble point, and that the presence of the U. S.
army in Texas has prevented Mexico from
attempting to regain possession of her stolon
province; and we further are officially inform"
cd that General Taylor has an rye on tho
Camanchcs, who he suspects havo an eye on
his troops; and wo aro unofficially intonned,
that Mexico is striving to stir up the slaves
of Texas to insurrection.
The true and false so nicely do they blend,
Mixing up poetry, tin in bug Bml glory;
That noun can toll where Truth's narrat
And Falsehood's babbling tongue resumes
the story.
"Resolved, That the Declaration of Inde
pendence is the creed of tho Liberty Party,
and that being a solemn recognition of tho
Liberty and Equality of all men, and th tt the
rights of liberty and happiness arc inaliena
ble, was the cornerstone of our confederacy;
it is therefore above all Constitutions and ail
"On motion it was unanimously adopted."
We might infer from the above, that Lib
erty Party in Dover is ready to repudiate the
United States Constitution. If they haTo n-
dopted tho Declaration of Independence as
their creed; if they believe it to he above all
Constitutions and Laws, of course they must
discard every thing which contravenes its
principles. Now the Declaration, and the
Constitution are no more like each other, than
Liberty and Despotism; no more alike than
the largest benevolence, and the most unmit
igated cruelty. One is a document which
recognises the liberty of all men, as an ina
lienable right; the other recognises the en
slavement of a part of the people, and pro
vides for the perpetuity of a system which
tikes away not only tho right of a man to his
liberty, but every other right with which a
kind and merciful Father has endowed him.
The principles of the Declaration would break
every yoke to day, and let the oppressed go
free; the principles of the Constitution would
re-establish slavery to-morrow; and tho terri
ble enginery of the government which is bas
ed upon it, would forgo new manacles and
chains for the disenthralled millions. The
Declaration makes every man a free man, even
though he inhabits a southern plantation,
the Constitution forbids the recognition ot the
slave's freedom, even though ho bo at our
own firesides in the north.
It is evident then, that as tho Declaration
and the Constitution are so directly antago-
nistical to each other, if we standby the form
er wo cannot swear to support tho latter.
We hope therefore that Liberty Party in Do
ver will be consistent, and adhere to its pro
fessed principles; its adopted creed.
Complaint has been made by somo that
their papers are not regularly received. We
would say to friends Widgeon and Philips
at Mount Union that their's have been sent
every week with the package that goes to that
place, and if they do not receive them it is no
fault of ours. We have however sent the back
No's, as requested. David Tailor's paper has
been regularly sent to Damascoville as direc
ted. Occasionally we aro censured for not
sending the paper to some friend whose name
Wo have never received. Some ono took it,
probably, who failed to forward it to us.
All persons whoso names arc on our books
may rest assured, if they do not receive their
papers, that it is not chargeable to any care
lessness of ours, but to some other cause; per
haps the remissness of Post Masters; perhaps
the fault of the subscriber in not giving tho
name of his Post Office.
We have a number of communications on
hand, most of which we design to insert as
soon as we can find room to spare. Ourcor
respondenU must bear in mind that our sheet
is but a small one, and they should have an
eye to brevity when writing for it. A friend
has sent us an articlo on Infidelity, which wo
think is not suited to the columns of an anti
slavery paper. Tho infidelity we oppose, is
that infidelity to God and his truth which the
slaveholders and their abettors practically
maintiin; the infidelity we advocate, is inM
delity to a pro-slavery priesthood and reli
gion. With other infidelity, we havo notli.
ing to do upon the anti-slavery platform, nei.
ther to oppose or defend, and therefore must
decline inserting communications upon that
subject, either from its friends or foes.
A colored temperance convention has been
held at Hudson N. Y. Three thousand
members were present, and the proceedings
were conducted with great decorum. The
nojtt convention will be held in July, 1946.
The Steamship Orol Weitsrn loft Liverpool,
Aug. IS, Slid arrived at New York Monday eve
ning, Sept. 8, in II l-t dure. Site brings 145
passenger, and among Ihoui tlon. Mr. Jeuiiiior
U. S. Minuter to Austria end hie Attache, and
other distinguished individuals.
A Hairs in Franca appear to be quiet.
There? hu been t very serious religious riot in
Tho Jesuits cause their tliare of trouble la
Advice! in Sivitxerland elate ulTtira in that mi
happy coumry are now near a ciiais. Jt will ba
haaioned by the dispvrssion of the Diet.
Railway accidents have become in England
what eteamboat epl osiona in the United Slates
have long been too common.
The weather continued unfavorable in Eng
land. The Spanish and Portuguese Slave Tradeis
lecoully convicted at Exeter, of murder, have
been respited till the otli of September, in older
thiil certain legal poiiiie, raised by their counsel
may bo argued before the Judgnt.
A fire of a very destructive character, involv
ing Ihe lots ofpruperly to the amount of so vera I
thousand pounds, occurred ct Albreinauburr,
the well known nucleus of Lanchealer ware
housemen in tho city of London, Aug. I9lh.
In Ihe cotton market the rales of tho proceed
ing week are barely realized, and tome descrip
tions aro dull ol s.ilo and a point lower.
Pirn and ila vicinity were visited on ths 191b.
of August by a tremonduoua hurricane, which
broke or toie up by the roota tree of large di
mensions, and did other extensive damage. At
Rouen a large factory was blown down and two
hundred parsons were eaid to have been killed
aud wounded.
Quoen Victoria's rambles on ths continent
Tho Ovarland mail arrived on the flat ult.
The Cholera wae sweeping over Wealern In
dia aud hurrying ita victims lo their Inst account.
At Lahore the mortality was dreadful bordet
ing on 30,000!
From China there ia nothing new.
Riots in Philadelphia. The correspond'
eni of ihe New York Tribune, dated lbs I3ta
inat.,saya there was mors rioting among the
Soulhwark and Aloyamensing firemen last night
great excitement prevailed in the two districts.
Ahniit 6 o'clock the carriage of the Hope En
gine Company was attacked, taken from ths
mnmberi, aouie of whom were badly beaten, and
broken to piecoa. ll was afterwards thrown in
to tho .Husquehaniiah Canal, Several arresla
were made. We are undur evil tiinoa. 1 fear
CIATION. l'llft Geuoral Association of Congre
gational and Presbyterian Ministera in N Damp
shire, at their recent Convention in Portsmouth,
adopted a aerios of resolutions, which took
strung grounds against slavery Thoy "protest
against all participation in a system liaugbt
with such bitter and unmingled evils, both mor
al and social, lo mankind." The action of lbs
contention was taken in consequenco of the pro
slavery character of the resolutions adopted by
the Goueral Assembly of the Prcsbyleriaa
Church in Cincinnati.
ftT-An oath against duelling has been in
sorted in the Constitution being frainod for
mo suite of Texus.
Da Hodsom, who waa committed to jail ia
Springfield, on the complaint of Mr. Hodgson's
sm vml for false arrest, Ims been released on
bail, Mr. Williston being one of hi bondsmen.
The euit is brought in the Court of Common
I' less, in boaion, which ia to be liolden on th
first ol Octoboi.
S. S. Foster of N. II. and Abby Keller of
Mass, will hold meetings at the following
Xenia, Green Co., Tuesday, Wednesday,
Thursday, Sept, 30th, October 1, 2d.
Green Plain, Clark Co., Friday, Saturd
ay and Sunday, Oct. 3, 1, 5th.
aliiri Slavery Publications
just received and has now for sale at her
boarding house, Sarah Ualbreath s, west end
of High St., tho
KUY COMPACT, or selections from
thk Madison Papers.
This work contains tho discussions on th
subject of Slavery in tho Convention that
framed tho Constitution. Thoso who wish.
ti know tho character of that instrument and
the design of those who framed it, would do
well to examine the Madison Papers. Price,
35 cents.
Church and Clergy, by S. S. Foster.
A dark and loathsome, but true picture
Price 124 cents.
COME OUTERISM, or the dutt or se
cession FROM A corrupt church, by Wm.
The arguments are unanswerable. Prica
8 cents.
by James G. Birney,
Facts indisputable; sufficient to condemn
all of his party who remain in pro-slavery
churches. Price 124 cents.
"GARRISON'S POEMS," a neat little)
volume. Price 31 cents.
"ARCIIY MOORE, or the memoir or a
slave," by Richard R. Hildreth.
One of tho most beautifully written works
that has ever been issued from tho anti-slavery
press. Prica 30 cents.
"THE OFFERING," a collection of anti
slavory pieces in proso Si verso. Price 31
From No. 1 to 6 inclusive, a beautiful niiil
cheap periodical of a reformatory character,,
374 cents the set.
beautifully executed, and correct likeness..
374 cents.

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