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ottrnal ISSUJiD SLMULTANEOITSLY AT M0NTlM.LlI31t. NORTItFl ELD, WATBHHUllY, &C. FRIDAY, .TUNE 2:, 1851. VOL. XLVIII, NO. 30 WHOLE NO. 2188. BY 13. P. WALTON, JR. matt 1Mdjiiiitit&$tiitc3nitriinl. ruiit.tsiinn nvmtv rnttiAr skiiinimi. fHUV14.)l M.aak lione $3,00 If pajroeril Ml i4 In aa inteit.t alaji cbatgrd (torn tho .nd ofthaJM. Van. tad. la ft llal of tftnu t& rat.tvo anb.gilplloTia .daf('anaw ,ad GMMUBl(atlaf, ami acknowlaj,;., pijwiftatrar lb. t.faa. llttlllHM,.l. N.lDMKnOV, ilfOrtlUM.S. II. SMITH, ClM,C. I', -mows, lMiil.,rilARl.r.- n. t).NA, Dim)., K.0 SCOTT, nrJrik, F.nWAnn n.iMWVEn, JhMa, (. V. W.'i iTT, Jlit.i..n,a ii. rurNAsi, SlMll.tlll., J. C. NUVIW, WMJlM.l, JEKfU Jdll.N'Sn.V, Jt.. KotlMrM, P.. RMITtl, rnff , fabum CABrn.vrnrt, rttlnlUM. A. T. HA.NrHOrr, ro.ilh U.rdttb,n. SUIir-MAN, f tw, JulRtl! C. RAVIIOMI, flmlfctd, WIl.l.IAM nnM.I.Vrt, goulb BlrafJatd, DANIfil. -. junn, Tu.tdlr, AARON N. KINO, u'.mn.H i.pawii,uiiANnHMtTii, frtn, rrt is-rant aTwiiiciiit, Watttaory .nd llaibafy, u'HiiMion, i) tntus mini:, iTmniM. jo.a Anwrrr. HlniIrnnii0. 1851 VI. Oulrsil Kailroad. Aoi thorn A MVMerii, KrilKIt anil Unlloit Sluirs HI. ill Uotitr. OS and nfr JM 5. 183. I'aMenjtt Traini will run at fallow i Going North and West. I.EAV.:mnmN fit 7 I 9 A. M.. txkrtittif Put. Hag tMi a 5 3-1 nd Kuyin'l Paint 7 l M., Slaa! -t 9, ind Og-tnitt'.ursh it 1 1 I 9 P. M. I.KAVB HiKtiu i J , Now Yrtk 8 A M liwtfi m twti"- ri Vi. nh4 irriv hi Btnlffton h -.40 4 M , Peim t 8, Menliaal at It). a. w. ad OiiiMhrih at I P. M. -ret -U ai.hm, i,ka k m.MTpei.tni. mi th.. m., Going East and South. ! KAVKEOI !Kro.Tr.i(A M. abd3.fc 7 r. M , tA Ctincilti with i )-.. frtt'o . i traal and 0ilapi haffb, and arriving in 'lo.tou t iSa York lilt'. HAUK DAY. t IS' h . M li '., ad tba a til day, ; AL0, I.HVK Hi 1 PEI.lt- R at sMSaad I0.4S A. M., .-) (ir M P'H furllifir ml.. nil ..'i pity ai tha Of Vtil.erf h and It.w' Pon.i n.i rt 'ifn, 1 hinilxin at f( l.awr-av t lr-a-1 iir, Manra-il, to- ttiia KiaahatL Ami, IO i Stroai. i the IVktJ. ( flj. wit i ' Railtti". V i uit Mti-l, Hirtt, Vv, llolMfi. (itttiaa jmnl, iUaipelitr. jTrraiflii tm ih daily. taot V C. II. H. N.rlliftrM, Vt , Jui. I. l.M. 1 8" M:sgaEgga5 s i . iVorllifrn Itailroni!, A. H. ririiioi, a, ti a matt, wnifrp vljt j Host I.ourll, ;iir.orl,oilli-,i"101"L'r. rrn, l'M..llinpH-, ri inmit 4 riitru I, ileii.lmrtcli himI lltnlr.Hl allium!., TO AMI I' 31 ril jMbubfx, llvilinfioi., 11 Alb..., Mt.ntre.1, Of- u,, iij.ia. H.i.,., !.., Puri.n.utb, i M....'..4...v..' ' "' ' T.. i. itt lir.-i tuutn tb. IMc jiUcr., I ad uii.nki.Djlr ti.- ruiliL.I ll.aia.bil. .aa Varaiaal I'bcl.i. .au ri.ifht.. low . bf oib.r AUtfllac.H 16&3, ii.ia. iSoiih l.a.e Itaala. .1 1 aV Ai.V..M'ViriL.:;';:.. .t". at 7.14 A. M. ! I.Jil 1. vutha arrivals! Uara (tm uppai rokda. VpHcialc iltlt train n-r kt rnuia ry T. aadliaifBit .faim d . hftwtn Burhaftoti. Rimi a' pAii.icilahuifgbt Moatiral, od .Naibia. Law iUflaa, il-ui, r'wiUiwMll , Wncalr. fton dac ami intrit"1t' t.! n tl thr onlwMttc Iraai lh llftlan at;l an Muairtal KltatU by want Pratffti et ba etMinl wtt mii rh.nfini eai. iiril.n V srLARNd, Axaoi Conforl.N. II. Hiw. U, 1453 ALUANY Hi;il.Aii RAILROAD. XMIIV OPKN NU I1L .NMM3 HlKUUlill lo Al 1 ka wilUui bi sa al Cat . ISR3. Full & Miller .ir tangt'iiiMiI. HhoiUil aai fuickr.t ibmugli MallUika frata Oj(. laal(urk. Mm m l, H I'ciai, PlatUbvish auri : Hmlme loTftt, At y aait b w Yoik, via Rutland and Eagle Bridge, u epiaalWa Mflb Uuilaa4 add II iltua.ao4 llutl ; Mi Ult UlMM. Pt-Diftaat ibu run la mf ivljr apart aaaklaf all laa MMiwallblh ttitfaran. i.aaa. a adrn.1 Tbi t tba auutahy wbtcb BitoiRfiu Mt wilfc araaljr gw Hi trau vt.i(al IwAaw Vwik tba tu. 4m f. NO CHANCJK Ol' CAItS, Cad-ar or Dak... Maai.i bota.i rUtll no Tray ur Alaaaj. rlSKTTU.MN l.ar. Barliof ton 0.I& A . IIBUO.MI I'HAIN !-.. Ilartiar'aa IlM A M. trita. l Tio) XII I'. M. . Ala.av .al'. M., I..... Tro. Lilt1. M or Al.nt 4J0 V. M.IW.N.w tuik Am.. .1 N. on D li I'. Jl. Tlllllll TKAIN l-a... Uurlmirlaa IUK I'. M., loara .1 Kauaaa. .a4 la.... UutUal .1 CiM) A. ., r......lTr, 10 A M .aa AH..., 10.15 A .,la.r. Tra. iM(A. H.j oi II'- a W.4S A. al.rr.N.o Vail, .iiiii.i. v.rtinir.v. KlB... Tlaia ttau.lulo.'.. AII..0J 10.30 A. M Taiaackl'iduiU u w iirnvir4 t tb. HvlUaa.na BarHaflaa ll.ll.a.d aaa, mt f JAHKH IV. lll,!,,!.al. nuill.(ton. fi. Tll.l.KV, Ti...lli Af.U. At.a, Tbtaajb 'I l. H.U to U.ir.to,l'l.alcJ,To. Ia4a, Oatrull, OinrtiiK.li, t'bif.u, ana .11 tha W.a. traltMe,tet .l al oa tllbeaariha KaUaa and a.,laita lt,ili. J, or-l la. Agouti l in. Aanaj a. Italluwi ailrad. IIa(.t. OMetU 7V..1 laTrujr, A.t.ay or N.w Vara. la alla.it. lo.va.d aaUy Cl JJtfltflhrt'tk r.tllLr. UBIDOK HOVTH T . II, CANVIEUI, l"oa. Ilurllneuo, Nof.O. laSl tUl'i nrtrij. LAW VS SAW. r Mn liwufir. Pmlaj U hi fli wm a ! (MirvtUnj in tba itrtal a twy rf Oq ibt Uwai tntltwa fca You could rd a Luotljr caia, Ntatlla,; Uw t WbltM tha a.wjrar, (tuntathl rVni, On a rb aad kolty limb, JUa M uw, Vow 4t(0 aaw-boraa acfuicil to nia Lika dwutM X la fu, Ai 0l4W, Vbifbffi wjr ih tbtuit, Mud ba lulluwcd bj tba tiuil, Like ibtUw. Ab tha lujf uvn tba track, Lika tba client iia tba r.ckt VUjiuf it pail, At tbi triwtivti leelb uf Utl, Utile wvuut ibal wuuU But baal. 1btuubttt btalL AdJ tba retereJ Hick (Lit Ml, lo in falling aaeuiaJ to tall Alliot-.o, Of tbt luauy fictl tiai 1 bat ia laiW-ftitU will ttwt , Tbau tutbt'jbt tba tlutdjr paw, "Ibat wit uktiij aia and iw Oq lb hikkJ, Had a )iMio wiua tf wetlUi, W.Ui Lit boutt (oil aai bcalib, Dmihj (ouJ. If tba ctilj.a tbat atratraJ tba jiouud B avuia atiickao widow fwuuU In bet ced, bbould If lijbt and waimib itvpatt UUiaioa ua bar gti btirt Happy deed t T1li eontu!en ihn Idnw, 1 ht no f itcle of jw Twitting lniljiiruatrr Uw, Is at rood, Ab lht MfreUa of pnw, Rawing wood. lisrtllnnfDUS. Forth Vrtmont Wileliman. The Compromises of the Con stitution. Mn. Editoh: Through your pa pur 1 nk uisu inid knowing men to enlighten mo on certnin questions. I freely throw out my own opinions, u.xposing ilium, iT erroneous, to cor rection. Wo hrar much nhoui the compro mises of the constitution. W lint ifru they ? They seem to bo regard ed nsi iniitunl coniesions between the free tjlntes nud hlave Slntca, nl' fecting tliu interests of Irccdom on ono IiiiihI and ol slavery on tlui other. Do any such concessions exist in the Constitution ? This instrument niins ill union, justice, tranquility, defense, the general wnllarc, nud the blus fings of liberty. Docs it occasional ly turn aside from llicse duclated cuds to lake euro of uu inlercst in mnrlul coullirt with them till? In that part of the Constitution which apportions icprost'iilatnos, a class of persons is recognised ns dis tinct from free persons, nud from "those bound to service for n term of years." The effect of locogniz ini; this distinct class is to ruducu lliu representation of thesl.ivo States. If then tc consider this class to be what the Constitution calls them, persnns, and not property, the pro vision is a concession of the slave States to tin) fieu States, but if wo regard them ns properly, it is a strange concession ol the free States to the slave Slates. 1 know of but one thing more which claims regard ns a compromise In jour paper ol May li!, jnu : suj " Uro acknowledge and respert tie prohibition of the Constitution upon the states as to fugitives." If by "fugitives" jou mean slaves escap ing from bondage, you cypress the view that seems to be guner lly taken of that claiiMi of the Constitution which reads thus : " No person held ,( s--rvico or luuor in one sluie, un to service or lubor in one stute. ti tr uic mws uiuruai, iicniiug mio , ' ooiisequuiiro ol nil) iuw or regulation Uickmii, lie dischar ged from sucli scrico nr I.-ibor, but flmll bo dclucrcil op on diiim uf ilio pally to whom such seivice or labor limy be due. Ucto is thu great rilltll. P -ul"l" ' that holds the Union Umutticr. By this compromise, if W O UlUy trust interpretations, tliu peple of the free States bind them- selves, wheuuver u slave seeks pro tection by cscuping to them mid is dunned, to deliver him up. Wc concede his right to freedom, and he only runs awny Irom a bondage, which we would draw the .vord lo escape. Perhaps he is driven from a time slate by iniolcinhlu inlhciion and will sutler increased rigor, if de livered i'p to his enru. etl muster. lint all this is no concern of ours. I.Ike men of honor vve have only to do us we siLreed. Now, does the lg;"j;5, j Constitution renlly contain a provis ' ion so abominable; or did the peo ple of the tree btatcs, when they adopted it, dream that thuy were binding themselves tube slavc-cutch-ers ? 1 boldly deny , and I do it with a desire to provoke refutation it I err, iluit either history or tho Ian gunge of iho Constitution warrants the allinnative. The words ol thu lugilivu clausu neither name nor de scribe a slave, and you might read similar language a hundred times in an) oilier instrument without think ing nt a slave. The description a- phes only to another class, previous!) named in thu Constitution, as bound, not to servitude or slavery, but to service. Besides, before vou deliver up the slave, it is your duty to find a man to wnoiu ms service or labor is in sonic reasonable sense due, and wjio may claim it as a light which the slave is in duty bound to satisly. It is nut enough that he has always been compelled to labor for n master without law or right, ho must owe service under thu luvvm. Except in some general assertions from thu bench, 1 look in vain lor any history showing that our lathers wure cruel enough to intend u pro vision for deliveiing up. On the contrary, some extracts Irom .Mr. Madison s papers show that, wlnlo thu Constitution was in the course of formation, Mr. Rutler and the two Piuckiieys, all of rfoulh Carolina, en- deuvoicd lo have u provision insert ed for this odious purpost, but it wus promptly rejected. They then proposed, what was readily adopted, the existing provision relative lo lu- gilives. And it is believed that they intended to have it so construed us to mean slaves, lly having slaves confounded with another class, bound to service, thn btratiigum hits worked to perfection. Judge McLean says: ' In proceedings un der tho Fugitive Slave Law, the in quiry is not stiictly whether the fugit ive be a slave or a freeman, inn whether he oire service to the claim ant. 1 hus, by the monstrous ju dicial notion that slaves owe service to unpaying masters, a provision has been thrust into tho Constitution, which the fratners rejected nud tho people never intended. No wonder the people icsist its execution. I am fortunate in being able to sustain myself by an extract, acci dentally beforo mo, from Mr. Web sters' speech of March 7, 1850. It reads thus ; " It may not be improper here tn alliule to that I hail almost said celebrated opinion of Mr. Mad ison. You observe, sir, that the term slavery is not in the constitu tion. The constitution docs not re quire thut fugitive slavtS shall be de livered up ; it requires that persons bound to service in one state, and es caping inloanothcr,shall be delivered up. Mr. Madison opposed the in troduction of thu term slave or slave ry into the Constitution ; for In said he did not wish to see it recognised in the Constitution of the United Slates of America that there could ho property in men." The senti ment of this extract conflicted with the purpos" of Mr. Webster's spcr-ch, nnd never would have beep seen there, were it not that truth has a wonderful power of making its np perjrance, even where there is the greatest repugnance to it. Judge Story is represented as. us ing thu following language in a Com mentary on the Con.s'itiition ; ' - It is olnious that there can bo no security to tliu people in any Constitution of government, if they are not lo judge of it by the fair meaning of ihe words of the text." Again ; " The people adopted the Constitution according to the warns of the text in their rea sonable interpretation." Nnw.when thu ptopltt adopted thu fugitive clause according lo its " fair mean ing," did they understand it 10 mean something not mentioned in ? Judge Story himself betniu'd gieat embarrassment, when, in the case of Ptigg versus Pennsylvania, he decid ed that the fugitive clause meant slaves. lie b peaks of " clearing the case of dilficulty," thinks many ol the provisions of thu Constitution are " muttcri of compromise," and sa, " no uniform rule of interpreta tion can be upplied to it, which may not allow, (-veil if it does not de mand, many modifications m its act ual application to particular clauses, and finally adds, " Historically, it is j well known, that the object of this ' clause was to sccmo to Ihe citizens of the slavehohling states, the com plete right and tulo of ownership, in tlieir slaves as property. U hat rulu of interpretation did Judge btory lind it necessary to up ply witli 11 modifications" in order to ' tutional protection as another. A clear Ihe fugitive clau&o of " dilficul-1 foreigner rending the Constitution ly ?" If it bo n rule lo interpret an for the first lime, ignorant of our instrument in accordance with its do-1 corruption of it, would wonder whero clared des gn, he did -nut modifj, the compromises arc. Inn reversed it. If it bu u rule to in- i To conclude. Mr. Editor. I ask lurpret in favor of right, when the 1 nothing better than strict justice for language does not imperatively for- my views, without favor from any bid, iho rule was reversed. Hut quartei. Let thern be tested by all whatever the rule, thu interpretation, Hie argument vvliii'h candor nnd tal " historically" sustuiued, sets gram-1 cut can bring against them, mar und right, and humanity, all at ' I. Smith. defiance. Did not Judge Story " Imminently" know that when the The Fugitive Slave Law decid peopl udopied the Constitution, tncy i cd Unconstitutional, regutded slavery as a doomed insii-' A decision which will e.xeito no tution soon to pass uvvay ? Hut suppose a provision for deliv ering up lugitivc slaves were clearly e.xpresed in thu Constitution anil agretnl to by thu Ireo people of all the Mutes : would it be binding ? Just as binding as would be un agn fluent between me nud another man to dispose of your printing press without vour consent, un agree mem Hint no law or constitution wrl1 "I habeas corpus was granted, could make valid against ) our own directed to Iho Marshal, w ho uccord righi. An agreement against right mgly mado return thereto by produc miiy bo enforced ny power, but nev- ig the defendant in Court. There ur righteously executed. Vou may "l0" '''s counsel moved for u dis imagiue u constitutional right to dis-1 charge. pno of an innocent man's fieedom, I A. D. Smith, J., delivcied the but ) on cannot explain such a righi, nor will you ever admit it against yourself. Statesmen may talk elo. 1 queutly about the sacredness of com-' ll- Thai the article in the Con piomiscs, but let them find these siitulion on which iho law of 1S50 sauio sacred compromises in coutlict fr ,mi reclamation of fugitive slaves wild their own sncred righis, and rests, was merely a compact by the their eloquence will lake a sudden contracting parties to iho Constitu- turn and become revolutionary. 'i"11! hy which the free states were We would trumplu on any provision ,)u bound to provide legislation, infringing our own right to emigrate under duo course of law, und after from one Statu to another, and yet ' wxtmiination of fuels, fur tliu ruturn -of this is tho very right that the stave , such persons, but that no power wns uses, for very urgent reasons, when conferred upon Cougress to legislate he escapes from a slave Slate to a upon the matter, and that it is the (reu State. duty of the States to provide such Judgu McLean, who seems to un- legislation. The fact that Congress derslund tho rights of slaveholders ! has not power to punish Slate olfi bellei than those of slaves, says, infers fur refusing to provide sucli log ins opinion on ihe ease ol the lugit- islation, is a proof that thu matter ic io ola.o, Gri VV. Querry, "Usage mams in itirm ol a compact. 1 Hal of lung continuance so long thut H is clear that Congress cannot con the memory of man runneth not to , stitutionally net upon this subject ; tho contrary has the force of law. while it is also clear that the States It arises from long recognized rights, i cannot pass laws discharging fugit conlravoued by no legislative ae- ,ives from tervtce. All such laws lion." This he savs in order to ' must bo void. show that slaves, though not made such by legislation, owe service un der the laics. Doubtless usugo of long continuance often becomes a j to bo mado where ho is, by presump kind of general compact or agree-! tion, free, while tho Act of I85U incut that cannot bo violated with-1 mnkes the decision or warrant of a out wrong, and therefore has tho! Judge or Commissioner a judgment force of law. IJul with no prelen-j in fact, without tnul or examination, sinus, except to common sense, 1 , That, in order to ascertain so whom will venturu an opinion, Pgainsl a ' such service or labor is due," cx- learncd judge, that no violation of j animation and enquiry must be made, natural rights can bo continued long ' If service or labor it due, tho fugil enough to ucquiie the force of lavv. live must bo given up; but iho fad " UeeoL'tiiscd rwhts." established bv I must be ascertained. There is an IniiiT continuance in wront:. are a paradoxical ground of judicial decis. ion. It would bo cheering to hear judges say sutnething ai.out the rights ol the slave, and Hud them shaping their decisions with some reference to such rights. Out thuy need a sternness of rectitude, too uncom mon, in order to do so, vvliilo our ruling men, who appoint and remove judges, favor slavery. You pronounce the fugitive slave law " abominablo in its features, though constitutional in its purpose." For my own part, 1 think its purpose is the most abominable thing pertain ing to it, and that there is something liko reasonableness and justice in ill features, If tho sovereign people, who niako thu laws by their repre sentatives, will allow a law to remain in forcu and he executed, tho pur pose of which is to tend back inno cent people escaping from opprcs- sion, let them do it with some hazard to themselves. Let them be liable to be claimed us fugitives, and, with out habeas corpus or trill by jury, be hurried into slavery. It is but reasonable that we should occasion ally touch, with our own fingers, the burdens we lay upon the shoulders of men not allowed to share in legisla tion. Judge M'Lcau defends tho fugitive law ru constitutional both in its purpose nnd features ; but if he makes the Constitution appear like n wicked institiment, ho invests it with n chaincter of retributive jus tico in visiting oppression upon op pressors. This judge, in his opinion above mentioned, ffers to traditional his tory, to the fugitive net of 179.'), to the decision cf the Supreme Court in the Prigg case, considers questions relative lo the fugitive clause as set tled by a weight of authority not to bu shaken, and says, " An individual who puts Ins opinion against ihunu thority of the nation in its IcgWIative and judicial action, must have no small degreu of confidence in hiown judgment." Under this rebuke from an eminent judge, I advance, and, willi a becoming yet fearless respect, reply, " io authority under the Constituijoii is weighty enough to seltlu questions in favor of injustice and oppression ; judge., like oilier men. are fallible nud liable to err ; they hold their scuts under the peo ple, add not over them. The Con stitution is the peoplo'is own instru ment which they have n right to n ad and understand for themselves ac cording to its " fuir meaning" and declared design ol establishing jus tice : and it especially becomes them to do so, when judges go nut of tho Constitution into unwritten historv, in order to rustain decisions against, natural riuht. The Constitution does not contain one word recoguiz iug the right of property in man, or conceding that one man is not ns much n " person" entitled to cousti- little interest and comment, has just been iiiadu in the supremo Court of Wisconsin. S. M, Booth, a citizen of Michi gan, was in custody of the- U. S. .Marshal upon a charge of forcibly obstructing thu execution ol thu Act of September, 1850, known ns the Fugitive Shiva Law. Upon applica tion to the State Supreme Court, a opinion ol the Court. It is long, nulu nun elaborate Tho following "s a summary of its points : 2d. That the Constitution con templates an examination into tho ia' of the claimant ot the fugitive, issue of fact to be tried 3d. The suit to try this fact, is nut a suit in equity or admiralty, und must be ut common law ; hence a trial by jury is demanded properly. 1th. Thu Act uf 1850 is un constitutional in that it violates the principles which forbids thut persons shall bo deprived of liberty without " duo proccM of law." Tho sum mary proceedings under the act of 1851) cleutly violate this provision. And thereupon the defendant wis discharged. This decision is the embodiment of long entertained and very general opinion. Eminent Jurists pronoun ced the provisions of the uct tincon- stitutinnal nt the time it was passed. Few lawyers nt that time, who had examined the subject impartially and carefully, were willing to concede that Congress, by a hasty vote taken in n time of heated political excite ment, could abrogate those two great principles of the Common Law for centuries regarded ns tho safeguards of Anglo-Saxon liberty as distin guished from Continental despotism, tlmTiiutiir Juhy and thu Whit or Ilnr.As Coitpus the one wrested from King John by the Magna Charta in 1215, nnd the other se cured by the Revolution of 1(598, and both embodied in our Declara tion of Independence, and in every Hill of Kighis, Stntc nnd National, that wo have ever framed. Vet the Federal Courts, whose province it was to remonstrate, ac Kquiefcod, It wns not to bo expected they would do otherwise. Filled by Executive appointment, they were pliant lo Executive dictation. And m great was the popular desire for puaco after the angry controversy of I860 obrui Slavery, that State" an thorities and private citizens waived llioir convictions of its injustice, ami lent thu Adjustment their submission, if tint their support. Tho belief in thu permanence of that adjustment has passed nwav. Tho scales tire dropping Irom men's o)os, and the) are no longer restrain ed from uttering their convictions. This upright Judge in Wisconsin is the first wlio has had the courage to hice the blaveholdiiig aggression which lakes upon iisilf the sem hl.uico of nuihority, only that it may deny Justice and disregard the Law. Hut we much mistake tho temper of the times, if he is the only Daniel who will " come to judgment." Tho decMuu will probably be re viewed by iho U. S. ('ourts. The Supreme Court has once decided, (in the enso of Prigg vs. Pennsyl vania, 16 Peters' K., 539,) that it is within Ihe province of Congress, and not of the States, to legislnte for the surrender of lugitives. Hut tho enso involved some doubts, and n portion of Ihe Coi rt di-senied from the conclusion reached. And in several cases, that of Stacy, for in simico, in this Stnio, (III Johns. II., 328.) in which the Slate Courts have enforced obedience to the writ of habeas corpus, it has beon conced ed as settled that the Federal and Statu Courts have concurrent juris diction over tho question of lawful imprisonment, when that imprison ment is by nn ('Hirer ol the United Statin, under pretext of United Slates nuihority. On aecouttt of these ambiguities, it would scoin proper that the subject should again be judicially considered nnd pronoun ced upon. If tho Opinion of Judge Smith has no other offer.!, it will be productive of good in bringing the matter up for discussion and decision in ihe Courts. Albany Journal. Fioo II.., lie,'. Ur. ar U'aabiMjtaa. THE STAMJ? ACT. Tho flamo spread on evory side. British Ministers woro hung in clligy on Liberty Tree. Associations were formed to reject all British manufac tories. People in Philadelphia re fused tn eat mutton that thoy might have more wool for domestic use. Latlius of the first rank dressed in homespun. The stern puritan clergy cried, " To your tents, O Israel !" When thu churchmen prenehed loy alty to the Lord's anointed, " The people," retorted Wm. Livingston, " are tho Lords anointed." The Stamp Aft wns hawked about tho streets nr New Vork headed " Folly of England and Ruin of America. South Carolina heard thu buflc blast of Virginia and Massachusetts, and snatching up tho trumpet, through her Gadsden, blew a call so char and glorious, that the heart of the nation leaped up at the sound. j With the lofty, fearless mid eloquent Gadsden nt tho South, iho fiery pat riot Patrick Henry in Virginia, and tho sanest madmen that ever the Or acles of God spoke through, Otis of 11 istnn. ut tho North, there was nn danger of lack of energy or courage. lattrt to me man who offers a piece of stamped paper for sale!" snouted me people ot lioston, lion fires, harangues, threats, riots and violence, filled the officers of govern-j nient with alarm. Hutchinson of Connecticut, fled to his custle. Tho stamp officer nt Rhode Island tremb ling for his life, resigned at the clam ors of the mob. The house of the stamp master of Annapolis was lev elled to tho ground by the infuriated multitude. lugersoll, stamp master ol Connecticut, fled in terror from New Haven with tho Governor. In hii flight ho met first two, then five, and u little after thirty, and finally fire hundred men on hotscback, arm ed with clubs cut from the forest and tripped of their bark. Three bu gles heralded tlieir approach, and opening to the right and left they received into their midst tho treinb ling stamp officer. Halting in main treet of Welhctsfield, they bade him resign. lugersoll, having retired to a house hesitated and delayed. Thu people trc w more indignant, nud . at length their swelling shout for ven- ganco so alarmed him that ho obeyed, saying, After all, it is not worth dying for." "Swear to the writing," cried the mnb. lugersoll refused. "Then shout for Liberty und Property three times," they cried. " Liberty and Property," shouted the crest-fallen stamp-master. Then three loud huzzas rent the uir. A thousand men hnd now nrscmhlfld, each with his white cudgel, nnd gnthering round Ingcrsoll.cscorled him with the sound of bugles to Hartford, there, in the presence ol the Legislature, made him read his resignation. In his journey thither lie rode n white horse, nun souk; ono nsKtng mm vvuai uu thought of the stangc cavalcade ac companying him, he replied that ho now had a clearer idea than over be fore of that passage in the Revolu tions which describes Death on the pale horse and hell following him. Thus officer aficr officer was com pelled to resign, till but one, Hughes, tho Quuker of Philadelphia, ro inaiued. Tosing on his bed of sick ness, ho at last heard the iniillled drums beating their mournful throbs, and tho deep toll of tho bell of tho .State House sending its dull echoes over the city, followed by tho still more alarming sound, the mufiled tread of excited men on their march to his dwelling, anil iio too was com pelled lo yield and promise his resig nation. In tho midst of this excitement, Ihe First Confess of the colonies met nt New York, (October 7th, 1 7 G 5 , ) and laid thu fnundati-m of their liberty. Tlic excituuicnt was not confined to this eountri, but spicud to England, and when in thu following winiur I'utliamenl assem bled, Ine question of the lolonies ab sorbed all others. A noble attempt was made to repeal the stamp act, and during the discussion Pill uttered those memorable words which so startled thu Home of Commons, ami thrilled every, heart on this continent " rejoice that America has re sis ltd." The stamp act was rc-afiirmcd. It however again camo up, and Frnnkhn wns summoned lo the bar of the House of Commons, to give information respecting the state of the colonics, and of their willingness to pny tho stamp duty. After long examination on various points, Grcn villu asked him if he thought tho people would pay tho stump duly if he modified. " No never," they will never submit to it." When tliu final vote was lobe tak en, the lobbies were crowded with spectator", waiting with breathless interest to hear the decision. At leuglh when, towards morning, tho resolution to repeal was carried, loud shouts mado the roof of St. Stephen's ring. Around Conway, who had fought nobly for tho principles of right from first to last, the multitude lyiihcred with lours of yiulitude, whilo they opened right and left tn let the chair of the crippled Pitt pass, and reverently uncovered tjjeir heads, ninny attending him even to his own door. When tho news reached America, the country wns thrown into a deliri um of excitement. All winter long there hnd been meetings of excited men, and n blark.cloud seemed set tling on tho colonies. Tho repeal of the stump uct was like thu burst ing forth of the sun in the midst of darkness. The boll nearest Liberty Tree in Boston was set ringing. From thu tall steeple drooped gay banners, nud from every house-top flaunted flags nud streamers, making the bright May morning look still brighter, and promise a fur more glo rious summer than that of fruits or (lowers. The prison doors were thrown open, nud every poor debtor was allowed to go forth once more a free man, ami mingle in the gener al joy. lu tho evening iho (own was ono blaze of lire. I iberty Tree bent under tho weight of lanterns and illuminated figures of the cham pions of repeal. Bonfires were kin dled, fireworks set oil", wlnlo the town shook with thu shouts of the multi tude und the roar of cannon. South ward swept tho general exultation, till tho laud echoed with thu clam or of bulls ami thu acclamations of men. This joy, however, was soon dumped by thu . reception of tho Militnry Act quartering soldiers in Boston. Besides, the repeal of thu Stamp Act wus now understood not to bo u concession of principle on iho part of Great Britain, ""'ion permanent net of expediency. Tho imposition, not long after, of duties on tea, paper, glass, and painters' colors, was tho samo thing under a ilillercnt form, and nrnuscd tho samo spirit of resistance which thu Stamp Act had met. Thu repeal of tho Stamp Act was hailed by Washington with deliuht. Ho had declaicd it "a direful attack un the liberty ol tho colonists." So tho imposition of new duties filled bun with " indignation.'1 From Bos ton to Georgia tho people wero again thoroughly roused, and catching the notes of preparation which now be gun to be seriously sounded, ho said, " that no man should scruple or hesi tate to take up arms in defence of so valuable a blessing (as freedom) is clearly my opinion," though it should bu thu last resort. The associations fur. ued evetywhero tu persecute Eng. hsh manufactures and trade met his approval. Mason drew up an agree ment of ihollousoof Burgesses, and presented it, in which every signer promised not to buy or uso the inter dicted urtich:.. They put their names to it in a body, und Washing ton ever after, when he made nut or ders lor England forbade his corres pondent to send any of thuo inclu ded in tho agreement. Thus tho u flairs of tho colony, with now and then a lull in the ex. cilement, wero pushed towards the crisis of open rebellion. England, finally under the pressure, tool; olt ell duties except on tea. Tho colon ists then refused to drink ten and it accumulated in thu English ware houses. No man was found bold enough tn be its consignee (in these shores. Tho East India Company endeavored lo gel a cargo into Bos ton Harbor, but tho citizens in the garb of Indians threw it overboard. This act of violence iva9 followed by tho famous Port Bill by which Bos ton wns to bo shut up ami Salem used as the port of the colony. To carry out this nnd reduce tho rebellious spirit of tho colonists, troops were ordered over to be quartered on tho people When the Assembly of Virginia met, one of tlieir first nets was to pa9s resolutions of sympathy for Boston nnd appoint n day of fasting and prayer. Lord Dunmore, the governor, irritated nt this net of dis loyally, dissolved the Assembly. The members immediately re-assembled at a tnvcau, nnd, among other act-, recommended the call ol a gen eral Congress, to deliberate nn the course to bo pursued. They then dispersed with tho exception of twenty five, of whom Washington was ono. These remained lo keep the fast which had been appointed. Wnsiiington " went lo church, and Jaslid all day.1 Nebraska. Tho Council Bluffs Eaglo gives the following description ol thu newly organized territory : Tho bound ol this proposed Terri tory is spacious enough and c'oulains much very excellent land tlic Mis souri bounds it on tho East, and the Rocky Mountains on the West. There is quite n number of good use ful streams that traverse its borders. It is now confidently expected that the Indians will lie removed this Fall to their now homes, giving room to tho over-pursuing pale faces. Tho climate, like our own, is mild and pleas ,nt, ami like all other prairie countries, there is a rather over proportion of wind, and, oven in tho most sultry summer days, n cooling brcczo fans tho prairies. There is little snow in winter, it be ing much of the lime pleasant sunny wenlhcr through tho winter. The vast herds of Buflalo, elk nud deer, ihat range this extensive territory, would feed tho starving millions of Europo on meat for years. The vallics on all tjie streams arc rich nnd fertile, but much of the high lands n way from the watercour ses are sandy nnd not arable. There are minerals of vuthus kinds already discovered, among which nro coal, iron, chalk, magnesia, itc. Thcro is timber nu nearly till the streams intermingled with the bluffs nud hills nud vallics, although us a general thing there is n scarcity through the Territory. The geese, swan, ducks and other feathered g imc are abundant through this whole MisMiuri river region. Amongst the Irmis that abound in Nebraska, and in this region also, arc grapes, plums, cherries, strawberries, black currents, goosberries, haws, crab ami thorn apples, and in the mcuutuius of Nebraska, the samu berries abound. The Missouri bottoms in Nebraska aru in many places broari and always fertile, with limber almost its whole length. Omaha city is thu name in embryo of a city to bu built on tho river opposite this city. Tho loca tion ami natural advantages cannot bo excelled. Tho silo of Winter Quarters, 12 miles abuvo, is also beautifully uud romantically situated for a luigu place. Bellcviuw, 12 miles below, is equally an eligible site in many respects, nnd has an excel lent ledgo of rock on the margin of thu river. Nebraska Cenliu, or Wood Hiver settlement, has already been commenced, nud a post office established. This is distant, west 150 miles, und near thu I'latto river. There nro already five post ollices established in Nebraska on the north side of the Platto, as is the case with Western Iowa; this new territory will bo filled soon after being opened, with hardy industrious people from the lCust, who will make her lulls and dales resound with the sung of the laborer or click of tho mechanic's tools. Allen and Warner. Tho Hon. Solomon Miller, who died a few years ago at a very ad vanced ago, at his residence in Wil liston, and who was a boy cotempo rary with Ethan Allen and Scth Warnor, used to relate tho following incident as illustrative of tho unus ually wailiko and overawing pres ence of those two most noted of the early heroes of the Green Moun tains : " At the age of about sixteen," he said, " I was sent by my father a foot-journoy to tho southern part of tho State, at that period in tho Rev olution when Allen nud Warner, who had returned from their first campaigns, wero making great ef forts to limit down and expel tho Tories, and at a juncture when they were particularly on tho alert for a tory spy, who was roportud to bo i)iowliu about that part of tho country. As I was drawing near my destinatiou, knowing nothing of what was atoot, and looking for no molestation, I passed a tavern, or rather was about to pass it, when tho door suddenly tlew open, and out rushed two great, tall, Aeicc looking men, and, rudely heimnini; mo in between them, sternly bade mo, give an account of myself, But I was so contused and overawed by their menacing atti tudes and eagle glances, which scorned to look mo through nnd through, that I could only stammer out somo incoherent reply. " A straight story, sir," exclaimed tho stoutest and roughest of my fearful assailants, whom i soon dis covered to be Ethan Allen, " tell a straight story, sir, or by tho horntld Lucifer, your enso shall bo settled without waiting forjudge or jury (" " Stay, Allen !" interposed the other, who was Warner, and who had been eyeing mo nioro quietly, but none the less scarchingly " stay ! this can't bo tho one " " Why, tho dress answers the de scription," replied Allen, hesitatingly- " Yes, joined Warner, " but see who is in it. This is iiolhiug but some green stripling Took ! Why, you have scared him out of his wits ! Hut come, cheer up lad, and tell your name and business. If yoti are honest, wo won't hurt you, but perhaps make a man of you." Thus encouraged, I told my name, &c; when they had a great laugh, apologised, and invited mo to dine. I declined their civilities, howovcr, and was glad to bo suffer ed to pursue my journey, as I then did. Hut I never got over my first impression of Allen and Warner. And though I am now old, and have seen considerable of tho world, I have never met any two men that could compare with them for over awing" piesence, especially when bent on a purpose where they antic ipated obstacles." A Goon Man's Wish. I freely confess to you that I would rather, when I am laid down in the grave, havo some one in his manhood stand over mo and say :, " Tiierc lies one who was a real friend to mo, and privately warned mo of the dangers of tho young ; no one know it, but ho aided me in the time of need : I owe what I am to him ;" or would rather have some widow with choking utterance, telling her children, " thcro is your friend and mino. lie visited mo in my afflic tion, nnd found you, my s6n, an employer, and you, my daughter, a happy homo in a virtuous family." I say, 1 would rather that such per sons should stand at my grave, than to havo erected over it the most beautiful sculptured monument of I'atisian or Italian marble. Tho heart's broken utterance of reflec tions of past kindness, nud the tears of grateful memory shed upon tho gravo aro moro valuable, in my es timation, than the most costly cenotaph, ever reared. Dr. Sharp. M6un " Infernal Machines." The report of tho proceedings of tho French Academy of Sciences contains an account ol a now de structive weapon which has been invented in Franco. It consists of a long hollow, lanco, filled with some combustible compound. To this lanco is attached a buckler, which protects tho head and breast of tho soldier from tho bullets of the enemy : " Thus protected, tho man may advance to within eight, ten or twelve yards of tho eiiciny and de liver his firo. Tho fire is commun icated to tho lance with as great fa cility as lo a gun. It exercises its aclioti directly by fire, properly speaking, and will cover with a sheet of flame a horizontal surface of ten or twelve yards; tho firo tenac iously attaches itself to every object it encounters, burns with rapidity, and gives so powerful a. volume of flamo that it is as dangerous to the second and third ranks of the cnciny as to those in front. Resides this first effect, tho lance continues for sonic timo to give an uninterrupted I, t nf llnovn tnnriMi riltl in. 1 With It iloitd whistling noise." J Hebk Cattle fuom Iowa. Since , thu opening of tho Rock Island Road I (says tho N. Times) tho drovers are bringing cattlu to New York market , by rati Irom tho Slate of Iowa. A ! single drover delivered GOO at the Bull's Head market a few days ogo, i in nine days from the western bank of tho Mississippi, in Iowa, by means ol Rock Island, Michigan Central and New York Central roads, and the Lnko Eric und Hudson River bonis, and received therefor an aver ago of $85 each. Justice belongs to humanity. Tho gods let all do as thoy may ; their sun shines on tho righteous and tho wicked j man alone aims at worthiness and merit. No one ought to enjoy what is too good for him ; ho ought to mako himself worthy of it, and rise to its level. The object of lifo is life itself if wo do but our duty to our own minds, wo shall soon cotuo to do it to the world. Darius Davidson, a celebrated na val architect of Boston, proposes o construct an immense steam-ship, 701) feet in length. Sho is to ho driven by 1G separate ung'ines, hav ing a total of 5,000 horse power, at the average speed of 25 miles per hour, and tffjiave berths and state rooms for 3,000 passengers. These figures beem largo ones, but we uro' fast travelling towards their realiza tion. Thcro aro 1,372 editors in tha, United Stales.