The New York Herald Newspaper, May 30, 1851, Page 7

THE GREAT METHODIST CASE. United States Circuit Court. Hon. Judges Nelson and Betts presiding. ‘May 28.—The Methodist Church South vs. the Methodist Church North.—At the sitting of the court this morning, .Mr. George Wood resumed his argument in behalf of the defendants. He would detain the court but a short time, ‘and should have finished his observations yesterday, but that he was exhausted, and because he felt it one of too great importance to the interests of our country to be hurriedly disposed of. He repeated that the Goueral Con- ference had no power to make such a division of the church, This case is principally to be considered as one of property. ‘These funds are not the funds of the Metho- dist Episcopal Church; it has @ beneficial equitable con- trol over them, as the managers of the charity; but the Demeficial equitable control is for the benefit of the ob- jects of the charity, who are the superannuated preach- ‘ers, wives, widows and orphans, and they could not alienate, He referred the court to the case of the At. torney General ilson, in Vesey, 619; Shotwell, 701, 702, As to the Canada Conference, in 1824, he referred to Miller vs. Griebel, in 2d Denio, Hesaid he apprehended the Canada case bas no bearing on the present, and the court will find that the Southern Conference, almost to a man, voted against their taking any portion of the pro- perty. ‘The counsel who is to close this case, refers to a case in Ist Peters. Such decision was made, and no sound jurist will attempt to impeach it; but what bear- ing has it upon the present case? If this Methodist Epis- opal Chure] set up @ new annual conference under their control and jurisdiction, there would have been some analogy; but that isa very different affair from a division, of the church constituting a new body alto- her. and entirely independent of the Methodist Epis- copal Church. Suppose the government of the United States should take it upon itself to divide this country, and fet up an independent power, there would be some apg! jut I'll venture to say such a case will never oc- eur. ever the country should be divided—if ever one portion should be separated from the other—it must rest upon some power out of the constitution. I submit that the conference had no such power,and the only way in which I can see that an arrangement can be made to divide this property would be on the principle of compromise; and it these parties had gone fairly and regularly to work, and waited till the Anuual Conference, in pursuance to that compromise had made the arrangement, the difficulty would have been obviated. Mr. Wood then referred to Shelford on Mortmain, €08, Harper's South Carolina Rep. 215, In all these cases it must be done under the sanction of a court of equity, and for the simple reason that the beneficiaries had not the power of alienation. He also called the attention of the court to Shelford, , 689; the Attorney General vs. Warren, in Swainston’s Rep. If, then, raid Mr. Wood, a little more time and a little more patience bad been exercised. the compromise would have been carried out. He could not avoid re- marking that it is a little strange that, in religious cases, fuch hot haste js so usually observed. As Judge Ewing said. patience, forbearance, brotherly kindness, charity, mildness of spirit, which were believed to be the charac- teristics of Christians, would, under Providence, have wrought out the wonted harmony of this institution. If they haa carried it out, he might venture to say there would have been an arrangement, not only as to the ecclesiastical matters, but as to the property involved. But they did not take this course. Any one who would read the plan of separation would see what it contem- plated; the Soutberns were Wrought tothe conclusion that & reparation was neces ‘Now, that step would have required myre time than they gave it. Al) the members of the church with whom he (Mr. Wood) had pro- fessional interviews, would have been perfectly satisfied that a ccmpromise should have been made. If this suit ‘was out of the way, he felt (and he held no gentleman's proxy in making the statement.) that the whole matter would be settled in eighteen months. That unfortunate question of abolitionism, whieh had been agitated in this country for some years paxt—the Pandora's box which has let out every evil—has, no doubt, given excuses for the steps taken in this case, and allowances ought to be made; and, in a spirit of kindness, they will be made. Ile did not mean to socrthes these men had been led away by a feeling of wild enthusiasm, which, when it once takes pos- session of the mind, is difficult to be dispossessed though it is not quite understood; it requires a new chapter in the science of philosophy to develope it. A man sets out on a philanthropic object—he suffers that one idea to take possession of his mind; he goes on filled with be- nevolence, and he meets opposition, and that opposition stimulates him until he gets entirely polemical—they don’t look upon these subjects in a larger scale. A man takes it into his head to relieve an individual slave—that may be all very well; but when you undertake to eman- cipate an entire State, you are doing something more than a case of individual philanthropy. There is no case where a whole slave State has been suddenly freed. except in one case of our English brethren.who emancipated their slaves in the Indies. But this should bea work of time. He had made these remarks, because he believed them to be onmmected with the most vital interests of the coun- try. The ‘whom he represented were uot, he repeated, eBarged with this offence; but that there may be indi- vidual members who adopt these views; who have excited the Scuthern mind, and have induced them to act with ipitancy, there can be no doubt. Ife (Mr. Wood) ght he bad said enough to satisfy the Court that the plaintiffs, in law or equity, have no right to this pro- perty. They ought to have waited for the carrying out of these arrangements—which could have been carried out under « const of equity, in the spirit of religion and peace, which he had no doubt all of them . The majority of such cases are settled by compromise, And are men worshiping the same God, professing the same religion—are they to be an exception to the rule of tettling by compromise? He trusted not; and he con- cluded by seying that that is the only way this question ean be acljusted. Mr. Wood then begged to refer the Court tothe Journal of Conference, 1848, p. 95, where au amicable adjustment of this case was earnestly invited. Hon, Reverdy Jobnson then rose to sum up the argu ment on behalf of the plaintiff. He eaid:—May it pleas the Court, I propose to consider the question in this cas + under four different heads. The first ix the power of the General Conference of 1844 to adopt the plan of division of the 8th of June of that year, The second is the con- struction of that plan, which, as I shall maintain, is that the division of the Church was made to deperd exelu- ively on the General Conference of the State in which they existed, and upon no other Conference: and that the change in the sixth article in the constitution of the General Conference was made to depend exclusively on all the Annual Conferences, considering the Church, at that time, one body. Third—that by force of the division of the Church, if that division was made by the Anaual Conferences of the States in which they exist, the pro- perty of the Church is to be divided upon equitable prin- ciples between the two fragments into which the Charch has been divided. And, fourth and lastly, that admit- ting the Conference of 1844 had no authority to adopt the plan of tion which they undertook to adopt, the state of t ings which still exists entitle the com- nants to relief upon the present bill, as if that plan never been proposed and adopted. These inquiries are, all of them, plain and simple; to be fully compre- hended they require no great extent of legal learning; and they demand no extraordinary depth of particular Tesearch nor particular ability toenforce thom. I should approach the argument, if the controversy turned upon there points alone, with no other solicitude, notwithstanding the great pecuniary amount that is involved, than that which admittedly and pro- perly belongs to the relation of counsel. Bat, [ confer, . and more absorbing consideration, and I | therefore rise with the responsibility whieh I feel it imposes on me. When I remember the origin of | this suit, [lose sight of the dollars and cents which it involves, and for a moment I forget the direct and pe- culiar intere ste of my clients. There are reflect ions con- ected with the origla so direct and vitally important to the usefainoss of that institution. beresifore harmonious and prosperous. so material to the quiet of the public mind and, possibly, to the very existence of the form of FoTeTament under which we live, that [ feel » trembling jest the adjudication of this court may mot be assisted by the mannerin which I shall ¢leeharge my rt of the entire nation has been feveri- duty. The ly palpicat- ing. for the last few years, in pain—the very chords from | whieh this patriotis well Justre, ings Will break. unless the good sense and of the people. and all the authorities, State vational, will intervene—the triumphs, the ul the glories which ‘and made us the glory and envy of the worl, will be #ub- stituted by dircord and wreteheda By gradation, civil war and bloodshed to pay that that divided state of the public mind is, ia a great measure, Lo be attributed to the very existence of the controversy which your honors are now called apon to settle. I have an abiding hope that the manner ia which it will be settled is on the wie of law whieh are eo firmly establiched, that with ail the re«pect which thie court commands, will tend much to appease thy biic alarm, a8 well as to settle the particular diapat it will be my part, as far ae I may be able, to ast the court inthe deliberations which. I trust, this happy result, First. then, be 1844 the power to adopt the pi My learned brothers on the ot , the Englieh Church. “An early labors of the preachers of the Methodist Episcopal Church, ht said, the light of Christian charity bad been carried by the rervants of God to the remutest Ftater; the darkert wilderness had been than charity. faith. and hope ha:t been © these zealous and d portant popalation of 17 to millions, erry of the United States was beginning to be densely populated, au th pect was almost certain that it would go in a till to Ua it had before. Preachers must be le ‘The utines of th» tered. Chris ter ri at home left in the vineyard; the flock must always be zealously watched, and some of the shepherds must be left to guard them. In reference to the power of tie General Conference, whieh had been denied by counsel for the defendant, Mr. Johnson asked whether it could have been pi for the church to strip the General Confer- enge of that power which all other conferences wore au- thorized to accomplish. ‘The salvation, the prosperity A the church—its tendency, have wediled Americans till more closely to the institutions of their country, For forins of government let fools contest; That which is best administered is beat. An to the right power of the Conference, Mr. Jobn- pom seid the ministers made the church, and the ministers in governmental power are the church. With regard to the rites aud ceremonies, he referred to the first Book of Proofe, p. 28, which says, “Tt is not neces- rary that rites and ceremonies should In ale be the tame, or exactly alike : for they have been elwaye differ. ent, and may be changed according to the diversity of countries, times, and men's manners, eo that nothing be crdained , Gots vy Whosoever, through a vate ent. an doth Preah the elles and coremtonee of the church to enaserns Delonge, which are mot repugnant to the word of God, and are ordained and approved ty common authority, Fin dg fore wb Te may foar to a6 the like. as one that t the common or- der of the church, and wou the consciences of weak brethren, Every particular church may ordain, change. of abolich rites and e . 80 that all things wey be done to edification.’ The honorable and learn- cd counsel continued at great length, and ina strain of scmmanding eloquence to argue the general heads, d, and stated that he still felt so exbeusted that it would be impossible for him to con- tiaue his argument at present, and he should be obliged to beg the further indulgence of the Court until the The Judges immediately ordered an adjournment to ‘Thursday (this) morning, at 10 o'clock. May 29.—Mr. Johnson resumed his argument this morning, and commenced by saying, ifhe was successful Renee, he must have convii the Court that the onference of 1844 were the absolute sovereigns over the whole sphere of the church, and that it was the purpose of its authors to communicate to it all of the powers with which they were invested in 1808. The Court will remember that amongst other things done by the Con- ference of 1844. was the quasi trial—the quasi ji ent, as it is admitted to be—the quasi suspension of y Andrew, on some alleged ground of misconduct prior to the trial. Under the discipline of that church, prior to 1844. Bishop Andrew's offence, which consist only in becoming possessed of slaves after he was made Bishop, was not provided for by any law of the church. The members of the Conference who thought differently, and Pronounced the Conference to have « sweeping authority over the entire conduct of its ministers, the true doctrine upon which the plaintiffs rely. Counsel re- ferred to Ist Proofs, p. 11d, where it 13 stated. that birhops, as well as ministers, might hold slaves in the Southern States where emancipation was prohibited. As to the powers of the General and Annual Conferences, he submitted that one was a government of delegated power, the other was a government of vast and sweeping | powers. If the power of the Conference of sweeping and unqualified, then that power was commu- nicated to the Conference of 1844, there never was an expression of a doubt of the power of the Conference. In all the debates, the existence of a doubt of the Con- ference to divide, according to that plan, was not pre- tended. He then contended that the church was one indivisible, clothed with all the sanctit, ctrinions dae existing under two governments; and though the gentle- men on the other side maintain that the Methodist 1808 was porpel of Christ knew no territorial limits—the world is tore it, not where it may choore to extend, but where it is obliged to go. As to the obligation and rights of the church, he referred to Ist Book of Proofs, p. 32, which was a petition to the General Conference respecting the separation of the Canada Church, ‘The Committee on Canada Affairs, to whom was re- ferred the petition of the Canada Conference praying this General Conference to grant a separate establish- ment of that branch of the Methodist Episcopal Church, situated in the Province of Upper Canada, under cer- tain conditions expressed in said petition, beg leave to report— “That, having heard the statements of the delegation from the Canada Conference, explanatory of the situa- tion of the church in that province, and of the neces- | sity and expediency of the measure prayed for in the petiticn; and also considered the petition itself, together with the address of the Canada Conference to the several annual conferexces in the United States, the committee are unapimously of the opinion, that, however peculiar way be the situation of our brethren in Canada, and how- ever much we may sympathize with them in thelr pre- rent state of perplexity, this General Conference cannot consistently grant thei a separate church establishment, according to the prayer of the petitioners, The com: mittee, therefore, recommend to the General Conference the adoption of the following resolution :— “1. That, inasmuch as the several annual conferences have not recommended it to the General Conference, it is unconstitutional, and also, under the circumstances, inexpedient, to grant the prayer of the petitioners for » separate church establishment in Upper Canada.” He, therefore, contended that it was a treaty which either party was at liberty to dissolve, and that it would indeed be a singular treaty which the themselves could not get rid of. They suffered the Canada Church to establish a separate and independent church, In re- ference to the extent of duty of preachers, he would cfte a higher and a holier authority, and the court will find it in 26th ec came and spake unto them, saying, All power is given ‘her, and of the Son, and of the Holy Ghost.” There ling preachers, Their constituent ix the Maker of the universe—the Author of the world, for whom they act, knows no local jurisdiction. He wishes all to be brought to salvation—the master to be enlightened—the slave to be enlightened; the master to be saved—the slave to be saved. Before he proceeded to consider the second point of his argument, he would say that agitation had riveted slavery more firmly in the South; the agitation of #la- very in the Annual Conference—in the Quarterly Con- ference—in the General Conference; the judgment syninst the preacher Harding —the judgment in the ease of Bishop Andrew, in 1844, brought about in the South the conviction that the church itself, in order to be saved, must exist under distinct nizations, South and North. The safety of the church do- manded a division. The doctrine of the church is divide, in order to save; and when the Con- ference adopted the plan of ‘44, they adopted the opinion of the necessity to the chureh, ‘Phe con. duct of the Conference, in the cases of Bishop Andrew and Mr. Harding, proves the necessity to separate, in order to save the church—that is, to save the church South. But for the agitation of this very question, he (Mr. Johnson) believed Maryland would not have a flave within her limits. The Author of our religiou came not upow the world to raise man against man—to raise servile war and carry desolation iuto the homes and hearts of men, He came to save. He came not tode- stroy. But what say the bishops of the church, in their Christian but cutting rebuke to their brethren across the water? already cited, God says, through St, Paul, “ Servant, obey your masters.” ‘These modern apostles say, upon some higher law, “ Slaves, exterminate your masters. * He then read from Bishop Andrew's answer in whieh he @ conversation with a member of the Conference, asked What he was to do? The member replied, «make them free.” “ But,” said the bishop, “ they will not leave their mistress; they are so fond of her, they will not take their freedom.” “Well,” said he, “I would free them whether they would take their freedom or not. would clear me, and they might go to the devil, if the wed.” (Laughter.) Buch is the extent to whic fanaticism has gone. Ax tothe reconciliation «poken of, act as they had acted in the cases of Bishop Andrew and Mr. Hardii their ceasing to condemn their brethren of the South. He then referred to pages 88. 89, of 1st Proofs, the address of the bishops to the General Confe- renee, which says :— thought, by day and by ‘ht, they have been more and more imp! with ti vulties connected therewith, and the disastrous results which, in their apprehension, are the almcst inevitable consequences of p: it action on the question now pending befere you, To the under- signed it is fully apparent that ‘a decision thereon, whether affirmatively or negatively, will most extensively disturb J and harmony of that widely-oxtended brotherhood which has so effectively operated for good in the United States of America and elsewhere, mip | the last sixty years, in the developement of a system energy, of which union has always been a main woth element. At this painful crisis, they have unanitmously coveurred in the propriety of recommending the post - ponement of further action in the case of Bishop Andrew until the ensuing General Conference. It does not enter into the design of the undersigned to ropriet | of their recommendation; otherwise, setroug wad ‘valid | reasons might be adduced in its support. They cannot but think, that if the embarrassment of Bishop Andrew thould not cease before that time, the next General Con- ference, represeuting the ministers, and people of the several Annual Conferences, after all the facts in the care shall have passed in review before them, will be better qualified than tho present General Conference ean be to udjudicate the case wisely and discreetly, Until the cessation of the embarrassment, or the expiration of | the interval between the nt and the ensuing Gene- tal Conferenee, the ‘undersigned believe that such a divi. sion of the work of the general euperintendency be made. with y infraction of a constitutional ciple, as would fully mploy Bishop Andrew in those see- tions of the chureh in which his presence and services | would be welcome and cordial, Mr. Johnson then continued—* No,” say the Confer- ence, “ the suerifice must be made now, Our conselences must be satisfied. We won't wait. Bishop Andrew must | be deposed.” and he ix deposed, as the court would | see on pege 44 of the Book of Proofs, (already cited,) re- epecting the state of the church. Ue (Mr. Johnson) contended that there never was a more palpable tnfrac- tion than that which was made in both the ease of Biahoy Andrew and Sr, fi On page 31 of First Book Proofs, will be found on the «udject of slavery — © When any travelling preacher becomes an owner of a slave or siaves, by any means. he ehall forfeit his minie terial character in our church, uniess he exeento if it be practicable, » legal » the Ia) preachers do got inclnde Bishops, Turning 2%. the court would find, that in 1816, was adopt- ‘ule which appears on page 3l:— > lare that we are at much as ever gonvineed of great evilof slavery; therefore, no slavchotder shall be eligibie to any official station in our church here- where the jaws of the State in which he lives will oy ems noipation, and permit the liberated elave to ny fr u te contended that the words admit of but one in. rpretation, and that is, that they did not apply States where slavery existe, and emanet ” prohibited he learned Counsel conte: to wi great length that the South, under all the circum. at stances of the ense, were entitled to their proportion divide. go home, — themee! i oe. nd pS w ci fora hea echo ay “Now we've got you \d the property.” I would ask, was ‘ddat honest | They have ro YZ 7 what turna out to be fulse preteners, They have got rid of us. The question then is, whether, having been severed by the Toeq state of things they brought about, it is frat a ese a e that we cipate in . bt pe at ie the ehurch to which this Tand b ul “You ate not,’ “the church, been have uo poiitieal devtinien | beyond a certata line, If the Charch ih is not the Methodiet B; Church of the United States, where is it to be found’ You (the North) have no more jurisdiction in the South than we have in the North. It has been, to use @ common rase, a Kilkenny cat yp w Py have eaten each other up, f it be a pert of your that your bi. eh have a superintendency over the whole United 3 then ad is no Methodist Chureh, beeause your pishope cannot to South, and ours cannot go to the North. The Shureh no longer exists, but the funds exist, and who is to hold them? The trustees do not own them. To whom do they belong? To the super. annuated preachers, the wives, widows and orphans of the preachers. Suppose the doctrine of the defendants to be true. There is no church—no travelling preachers — No supernumeraries—no here —po funds Seta ‘hs fo go tack to the original fvondane Ld fou 5 ‘The charity has Iapecd. The trustees fund, donors were the preachers of the Methodist Episcopal Church was limited, he submitted that the | bap. of Matthew.18th and 19th verses—*And Jesus _ unto me in heaven and in’ earth; go ye, therefore, and | teach all nations, baptizing them in the mame of, the | were po territorial restrictions on the authority of travel- | Counrel here read, from pp. 66 Ist Proofs, | tated that he becaine postened of slaves by marriage. | it | he (Mr. Johnson) would say he had no doubt it might | Ve brought about, but it should be by their ceasing to | © As they have pored over this subject with anxious | of the funds of this concern. At the Conference they | ot rid of us by | of the South, may be enlightened by the decision your honors will pronot miuchto hope thateach will see the church and out of the church, of all men, and that they will be aroused to the certain conse- quences which must result from the o »ntinuance of this controversy, and that they will be awakened to the ha- vard—I_ aim no alarmist, and, God knows, no disunionist —yet I will say to the nent hazard to this institution, which we have reason to prize? Is it much to hi that on both sides of feelings are enlisted which are peace as men, and agonizi to their hearts as christians, that they will strive, even in advance of your Honor’s decision, or as ly after it as they cun, to restore to the church the spirit and blessings of Peace which heretofore rendered it the idol of its own worshippers, and the wonder of all christian brethren ‘The case here closed, and Judge Nelson then said:— Some time will probably elapse before the court will be enabled to take up the case and give it the examination which it will require at our hands preparatory toa de- cision, Other cases and other duties are pressing uj us, and, as for myself, I shall be compelled to go into another court after I have concluded my duties in this, My associate (Judge Betts) will also be much occupied, and some time will necessarily elapse before we ean enter into consultation. In the mean time, we cannot help expressing our concurrence in the suggestions of the learned counsel on both sides, that it would be much better for the interests of the church, and the interests of all concerned, if the parties would amicably take up the case, and by the aid of counsel come to an adjustment before it is fully decided by this court. We cannot entertain a doubt, after what hag lace—whatever may be our decision—that an justment must necessarily be more satis- ry toull parties concerned; that the future feeling and Christian friendship of the members of the church will be much better promoted by an smigable adjustment, than it can be by any disposition of the court, We may add that whatever doubts are enter- tained aa to the power cf the agents who hold the trust, there can be no reasonable doubt that whatever may be advised by the different counsel and sanctioned by this court, would be a valid and binding disposition. We deemed it necessary to say thus mush, from the time | that must elapee before our decision can be given, and with a hope that in the meantime, an amicable arrange ment may be effected between the contending parties, The Court was then adjourned to Friday (this) morning. Common Counell, KOARD OF ALDERMEN. May 28,—The Board met this afternoon, at the usaal hour. The President in the chair. ‘The minutes of the last meeting were read and approved, rerini0Ns. Several petitions were presented and appropriately re- ferred. Among them were the following :—Of James D. Butman, for sale and conveyance to him of a piece of und between Fifty fourth and Fifty-tifth streets, and ifth and Sixth avenues, Remonstrance of Lewis L. Squire, against building » bulkhead and street outside the present line of South street, between Roosevelt and Catharine streets, Petition of the New York Pneumatic, Draining and Manufacturing Company, for the privilege of draining sinks in the day time. Remonstrance of the officers of the Bank of the Re- public. against widening Wall strect, from Broadway to jaseau street. Laid on the table. Petition of Bench Brothers, to be released from their | contract for printing the proccedings of the Common Council, or that a compensation of $3,000 per annum be allowed them for such printing. Alderman Grivrry moved to refer the petition to the Committee on Ordinances, Ly Was in favor of granting the prayer ‘and relieving them from the contract. x hoped the prayer of the petitioners ¢ , and the name of the New York Herald | substituted in place of the New York Sun, in the list of papers designated to publish the proceedings of the Com- men Council. The vote being taken on the question of reference, it was carried by a vote of 11 to 6. Remonstrance of Platt & Brothers and others, against the opening of Robinson street. RESOLUTIONS. Resolution that the side-walks in front of Nos, 108, 110, and 112 Grand street. between Mercer street and Broadway, be regulated and re-tlagged—referred. : Resolution to appropriate $1000 to rebuild the sewer in Oliver street, from the bulkhead to the westerly line of Water street—adopted. That the exclusive use of the southerly side of pier No. 14, N. R., be granted forthe use of the Cape May and Philadelphia line of steambonts—adopted. That the Croton Aqueduct Department be requested to make the terms reasonable for the Croton water fur- nished to the ferry boats and steamships—referred | That pier No, 47, N.R., be extended to the exterior line—referred. To open Forty-eighth street from Hudson to Bast river—adopted. ‘That tags be displayed on the City all, on the 9th of June, and that a display of fireworks be made in the evening at an expense of $500—referred That the City Inspector be directed to take some pro- action in regard to the building corner of Water and joore streets—referred. That the newspaper New Yorker be employed as one of the newspapers to publish the Corporation notices and proceedings of the Common Council, and that the pro- prictors thereof be paid at the same rates as is allowed to the Tribune, Commercial Advertiser, Evening Post, and Express—referred, COMM: NICATIONS FROM DEPARTMENTS. A communication was received from the Board of En- gineers and foremen of fire engincs, remonstenting against any change being made in the ordinance for the securing of hatebways—referred. | _ Another communication from the same, inviting the Mayor and Common Couneil to review the Fire Depart- ment. on their annuai parade, June $—invitation ac- cepted. Rey REPORTS OF Comat rTTes. t of the Committee on Strevts, in favor of widen- ing Wall street four fect om the northerly side, from | Broadway to Nassau street. The report provides, that | the building at the corner of Nassau and Wall strecta ball not be disturbed till the expiration of the present ease, i. ¢., till the 1st of June, 1860. Alderman Coxxiiw moved to refer the whole matter dork te the Committee om Strects, This motion was adopted. | Keport of the Committee on Ferries, on the be oy of leasing Catharine Ferry, in favor of the adopting the fol- lowing resolution -— ‘That a lease for the right to run a ferry, from the foot of Catharine street, in this city, to the foot of Main street, Brooklyn, be granted to William Cockcroft and George G. Taylor, for ten years from the first day of May, | 1863, for the annual rent of sixteen thousand dollars, payable quarterly ; raid lease to contain, in addition to the stipulations ‘bd conditions in thy present lease of raid ferry, thove inontioned in the foregolug report, ‘The report was accepted, and tho resolution adopted, ‘The #pecial order of the evening, being nance for the better regulation of cart, was next taken up, at rection four, the first three sections having been disposed of last evening. The remaining sections of the ordiaance were passed with little amendment. BOARD OF ASSISTANT ALDERMEN. May 28. —The President in the chair. The minutes of the preceding meeting were read and approved. PETITIONS 0. Of James J. Ryan and ethers, for a sewer in Third avenue, between Tenth and Thirteenth streets. Of Chas. A. -_ to have lot in Twelfth street relieved from tax of 1845. REPORTS ADOrTED. Of the Pinance Committee, concurring with the Board of Aldermen, to pay billof C. & 8. Milbank, Of same committee, concurring with the Board of Aldermen, in the remission of the taxes of Henry W. Bellows, 8. M. Buckingham, vn B. Tillotson, N. Gray, T. A. Ulibbard, Geo. M- West, and Geo. Rogers. Of Committee on Public Health, recommending that the City Inspector cause four seows to be procured, at a cost not to exceed $300 exeb, to reecive night soil, &e., to employ laborers to take of ame, aud discharge their contents in the North Kast rivers, 500 feet at least from the end of the piers, and that $3.000 be appropriated for the same, Of Committee on Sewers, in favor of a basin at the cor- ner of Thirteenth treet and Avenue ©. Of same com- mittee, in favor of concurring with the Hoard of Alder. nen for sewer in Teuth avenue, from Tweuty-third street to and throngh Twenty-fourth street to Niath avenue. Of same committee, in favor of concurring with the other beard. for basin corner of Twenty-ninth street and Tei and Eleventh avenues. Of Committers on Sewers, in favor of concurring with the Board of Alder- men. for a sewer im Sixteenth street, between Sixth and Seventh avenues. Of Committee on Poli paying medical bills of Doctors Fran jackson, for rerviees rendered at #1 of Committee on Public Health in favor of sppetees Physicians to vactinate the poor of the Twelft ward, and concurring with the Bowrd of Aldermen in resoln- tion therefor. Of Committee on Wharves, Piers and s¢ to building a pier at the foot of Rivington _ and recommending mon-copeurrence with f Aldermen in resolution therefor, Of same committee, in favor of building a pier at the foot of Stan | ton street, E.R. Communication from the Mayer in re- ply to a resolution of the Roard in relation to gunpowder jeensee, and recommending an ordinance to regulate the lale of that article, Ordered on report bie accommodations can be procured of wn Railroad Company for court rooms for rt of Sessions, and apartments for the Sixth ward ro- &e. in the building they are about to ereet on Frank- tre, and White streets. y, remar, Savos—That the Counsel beth cp tion be dirceted to adjust the boundaries and perfect the title to lot No. 100, formerly of the common lands, with the present owners. provided that in his opinion in- terest of the city be not injured thereby. and to prepare and cate to be execut the necessary releases and papers therefor. | Accistant Alderman McCarry offered a resolution to aclopt the report in relation to a railroad to be construet- ed in the Sixth and Kighth avenues, as aod that it be sent to the other Board for concurrence. Adopted, Ry Assistant Alderman Banr—That the permission | granted to ley or build « raiiroad track in the following streets, vie: from « point in Murray street, not less than fiity feet west of Broadway, thence down Murray street to College place and West Broadway, along the same to Canal street, down Canal street to ifudsou street, along Hudson street and ith avenvie to Harlem, be seat Gemma ea vet 8 mon by . res, pociates; and that the permission granted to lay or build a railroad in the following etreets, viz: com: point in Murray etreet Cad pe he from way, thence down and atreet West Broadway to On street to Varick street, up Variek to Carmine to Si: avenue to Harlem, Pu sevea W Jems 8 jin, Bg HM. Adame, | aseoctates, mows ewe, D. Green, Jobu Ridley, Williaw Political In ye Tue Powricar Movowenre iv tue Usiteo Sraree.— lever before have the political parties assumed such au attitude throughout the United States, as at this time. In theextreme North. as well as in the extreme South. the question of the Presidency seems almost entirel: lost sight of, and sectional differences absorb the who interest For a time, the name of General Wintield Seott was the peculiar favorite of the whig party at the North, East, and West, and he was declared by the Boston Atlas, Albany Journal. and Philadelphia North American, a6 the only wan in the Union who could consolidate the whig Yy, and reconcile existing differences. But these journals one by one dro} ped his praise, and their smaller adjuncts followed, until ut one paper now com- ing under our observation, peraiats in pressing hir claims for the Presideney. The Detroit Tribune, started for the furtherance of the abolition doctrines, is the only one to his name at the head of its columns, as the choice of the whig party. In Kentucky, a very strong feeling sprang up in favor of 8.; and the Louisville Journal, the most pro- minent whig journal in all the Western States, which, followed by those of less influence, declared in his favor. Soon, however, it was discovered that his name was put forward in opposition to the present administration, and they as suddenly dropped as they had taken up his name. Hon, Humphrey Marshall and Meredith P. Gentry, two of the most prominent whigs of Kentucky, at onve declared their opposition to the nomination of General Scott, unless he was pledged to the support of the com- promise ineasuses; and even then Mr. Fillmore would be preferable. ‘The stand which Mr. Webster has taken in his several speeches in this State, in reference to the support of the compromise measures, is the first made by any Northern staterman; and his stand has met with the approbation of the people wherever he has spoken. Even in New England, the flerce denunciation with which his former actions were spoken of, huve softened down, until those denunciations have turned to praise; and the Boston Atlas, his most inveterate enemy, now declares in favor of Webster andthe Union, Sonw of the sinaller jour- nals bave raised his name at the head of their columns an thecandidate for the Presidency in 1852. In this State, the branch of the whig party which has supported the administration of Mr. Fillmore, express their entire ratiefuction with the course of Mr. Webster; while that portion of the party which has opposed the administra- tion, has very little to say upon the subject. There is no doubt. from the tone «f the country pros, that Gen. Seott would be their choice, though, at this time, there is very little said. The conventions of the two parties are approaching, and the action of those bodies will very likely determine the preference of both parties with re- gard to the presidency. ‘Mr. Webster has been nominated by a meeting at Yorktown, in Eastern Virginia; but the whole western ortion of the State seems in favor of Mr. Fillmore. The | ynehburg Republican one of the most prominent whig papers in Western Virginia, prefers Mr. Fillmore before any other; and that journal is to be considered an index of the feeling of the tary Ss that portion of the State, Geoupying « position in the most populous amd fertile ic In North Carolina, Mr, Fillmore for President, and ; Hon. William A. Graham for Vice President; is the ticket advocated by the whig party, through the Raleigh Regi ter, the recognized organ of the party in that State. The democrats have as yet made no movement, nor is it known who is the preferred of that party. South Carolina occupies an attitude well known to the country The Charieston Mercury. the organ of the State, without regard to party considerations, counsels the re- | fural of any federal appointment by any citizen of the State, and says no presidential electors should be chosen, or members elected to Congress, as thereby the secession of the State would be easily consummated. They ex- press no choice for & presidential candidate, and will not, if the views of the people are fairly represented by the press, Georgia stands in a peculiar position. divided for and against the Union, and ¢ upon that point. So far as the Presidency is concerned, the whig party favor the re-election of Mr. Fillmore, while the democratic party express a decided prefer: ence for Mr. Buchanan. In the question for Governor, Hon. Howell Cobb is the cheice of the whig party, question bearing upon the contest in 1852. The sc sion party have wot yet brought forward They spoke of a candidate for the Presidency, Alabama and Mississippi stand upon the principl secession. The local contests in these States have ope: and wage fiercely, Neither has yet proposed a candi ‘date for the Presidency, ‘The secession party oppos.s all who have been named by either party in the other States, while the Union party has not declared in favor of any particular candidate, local questions for the time occu- pying the whole attention. CONVENTIONS TO DBE HELD. New Yorx.—Democratic State Convention, to nomi- nate State officers. at Syracuse, Sept. 10. Liberty Party Convention, xt Buffalo, Sept 17 and 18, Groxcia.—Union Party Convention. for the tion of Governor, at Milledgeville, June 4. One.—Whig State Convention, at Columbus, July 3. Free Soil Convention, at Ravenna, June 25. Mismasirri,—Soutbern Rights Convention, to nominate & candidate for Goveruor. at Jackson, June 16, Now Hamrnine.—Democratic Convention, to nominate candidates for State officers, at Concord, June 11, Prnxsyivanta.—Democratic Convention at Reading, to nominate candidate for Governor, and Canal Com- missioner, June 4. Democratic Convention, to nominate candidates for the Superior Court, at Harrisburg, June 11, Whig State Corvention, to nominate State officers, and Judiciary, at Lancaster, June 24. Avanama axp tue Uniox.—A Southern Rights Con- vention, held at Montgomery, on the 2ist inst.. passed resolutions strongly in favor of secession, and expreasive of the duty of the South to aid South Carolina against any movement of the federel government to prevent her secession from the Union, Riven axp Hannon Convention.—Convention to devise ways and means to secure the pasenge of a law by the next session of Congress, makivg appropriations for the improvement of the Western rivers and harbors, to be held ut Louisville, Ky., in October next. ‘The Change in Locomotion—Ohio In 18123 and Ohio tn 1551. ‘There is not, in all the physical changes of the world, produced by human power, so great a change as this day records in the locomotive faci- lities of the people of Cincinnati. We sa: Cincinnati,” for reasons which will appear in our story. To-day, the Erie Railroad is opened from Dunkirk to New York. It records a triumph in the progress of pisces civilization, of which we know no parallel. Let us see what this change is. Weobserve, then, that by using due diligence, in reference to the connection of cars, boats, &e., a traveller who embarks at Cincinnati may reach New York in forty-one hours. Thus, the departure and arrivals will be nearly as follows :— Leave Cincinnati. +» Sh. 20m. A.M. © people are nomina- “Cleveland Th. P.M. “Dunkirk. Th. A.M. Arrive at New Y lh P.M _, This is allowing one hour and forty minutes at Cleveland, one hour at Dunkirk, and one hour longer than the express train on the Erie Railroad, making an allowance of three hours and forty minutes beyond shat is claimed as to speed of the line; but, on the other hand, allowing for a reg! lar connection, less than two days will be, at any rate, the trip to New York. to-day. Now, let us go back and take a glance at a Cin- cinnati gentlewan Jeaving t (then country town) in I812, to see his relatives in New York. No stage then run this side of Carlisle (Peomsylvania)—and no steamboat on the river, and a keel boat (the best water conveyance of that day) might get you to Wheeling in three or four weeks! ‘No stage, no steamboat, no rail car—there remains no resource for the gentleman to take his wife and children, but te bu, horses and some sort of a wheeled ¢ his driver, and get along as he can. and his first outlay is something like - Then he hires a nd expenses paid. Then y in an assortment of tools, consietin #xe, hammer, ssrew-driver, ropes, alters, and tar bucket, with some nails and screws. After tais done, a pair of pistols, a supply of ammunition, and two or three blankets must be provided. In the wardrobe trunks must be included several pairs of sheets, if there is any expectation of sleeping anywhere. ‘© may suppose the party now to set out, with seine hopes of ultimately ve slag New York—a jour- ney fully equivalent to one now to the Sand- wich Islands. Many are the obstacles they mect with; but we will recite but two or three, by wa of samples. old road leads by Williamsburg to Chillicothe, and Lancaster to evling. They get along tolerably well to beyond Williamsbarg, where they plunge into the Whiteoak Swamp. Then, for wenty miles, tho road is an uninterrupted pos te — * the wrong way, and a peed of large logs. up, thamp!—Bang, bi ! Oh 'my eek ‘* = - nin In very despair, wife and children get out, and crawl over the logs, till the last remnants of shoes and stockings are visible through the mud plaster- ing. At length, a solitary light gleams in the swamp; and the party arrive, tired, hungry, wet, and cross, at the only log | A fiftecn miles. But, when there. there is come consolation in the hearty welcome which awaits you, and the cheerful ‘ellors arrived before you, and the loaded table, which is covered with venison, wild turkey, corn bread, hot coffee, and fruit; in fine, such @ feast as princes might desire to look upen, but which princes cannot get, boc suse they have not the keen appetite, which was its sauce. We po not recount seenes like these, which day after of were repeated, till the party arrived amidet tho German settlements of Hast Peunsylva- nia. We will suppose them arrived at Jersey City. Do you think they will drive into a steam ferry, in two minutes! Sail ferries wore not yet aro to go over, in w half @ craft, called a’ perio; b sides. The party are to have aeringe put in by main force, and then to be got over, as they ean, in a high wind, tossing about this petty vessel! The journey takes a month, and the reader may imagine, under such circumstances, how much of time and money are consumed before the fawily return to their home in Obio. Behold the con- trast! toy hours and twenty dollars take you to New York! We hesitate not to eny;that the danger of a jour- ney to California is less, and the ease of it much S I times—the reater than was a journey from 6 of the constitation at . ud ork forty years ago. Civilization is now doing | cheers.) Gentlemen, before the revolu' - her work over this entire continent. Happy are | isted in the Southern States, for they who receive her smiles and enjoy her gifts! | more than a hundred years. not Hut, Yet will they be, if, Piva pastes from gone 4, ite introduction. men, the rude eon ot tae renee We Wins & Faperive | even in the were not doen, civilization they shall retain something 07 tho vir- | {°"\etore there was any. fu ted ae to S mx = Biktir—todeed, before’ there tes | neer, wer some Fesist of an py ire —@¥n, Ue, ae ee , sue is made | Such is the event of of | i | from you to me. | on, young men of the United States ! THE THIRD GREAT SPEECH or He HON. DANIEL WEBSTER. IIS RECEPTION AND RE ABKS AT ALBANY, ec. Ber, der ‘ The Hon. Daniel Webster has lately made three | great speeehes—one at Buffulo--one at Syracuse— | and ome at Albany. We published, several days , ago, the Buffalo address; that delivered at Syracuse | we have on hand; andthe Albany speech we givo to-day. It came over Bain’s chemical line. THE SPEECH. OVER BAIN’S CHEMICAL LINE. At2 o'clock on Wednesday, Mr. Webster was con- ducted by Mesers, Rice and Porter, of the Committee of Young Men, to the platform which had been erected in the court-yard of Congress Hall. and, having seated him. self, cheers, long and loud, were given by the assembled multitude. The Hon, J. C. Srexcer, standing on the piazza | of the hotel immediately behind the staging erected | for the speaker, announced that at the request of the inhabitants of this city, the Hon. Daniel Webster | had consented to address them on the present condition of | the country and public affairs. He knew he would re- ceive a patient and cheerful attention. This announce- ment was received with renewed cheering. Mr. Wensrex thon rose and said:— Fellow Citizens—I owe the houor of this occasion—and Lesteem it an uncommon and extraordinary honor—to the young men of the city of Albany; and it is my first duty to express to these young men of the city of Albany, my grateful thanks for the respect they have manifested owards me. Neverthelese—nevertheless, young men of Albany, I do not mistake you, or your object, or your pur- pose. I am proud to take to myself whatever may properly belong to me, as a token of personal and political regard But I know, young men of Albany, it is not I, but the cause—it is not I, but your own generous attachments to your country—it is not I, but the con- stitution of the Union, which has bound your ancestors and mine, and all of us, for more than half @ century, It is the cause that has brought you bere to-day, to testify your regard towards one who, to the best of his humble ability, has sustained that cause before the country. (Cheers.) Goon, young men of Albany! Go Early mind is the chief prop and support—the reliance and hope—for the Preservation of public Mberty and the institutions of the country. Early mind is ingenuous, generous, just. It looks forward to a long life of honor or dishonor—and | it means, by the blessings of Goud, that it shall be a life of | honor, of usefulness, and success, in all the professions and pursuits of life; and that it shall close—when closed | it must be—with some claim to the gratitude of the country. Go on, then—uphold the institutions to which | you were born, You are manly, fearless, bold, You fear | nothing but to do wrong—dread nothing but to be found | recreant to patriotism aud to your country, Gentle- | men, I certainly had no expectation of appearing in | such an assemblage as this to-day. It is not probable, for much time to come—a long time to come—I may again address any large assemblage of my fellow citi- | zens. If I should not, and if this were the last, or to be | among the last of all the occasions in which I am to appear before any large number of the people of the country, I shall not regret that that appearance was here. I find myself in the po- | litical capital—im the greatest, most commercial, mest powerful State of the Union. I find myself invited | here by persons of the highest respectability, without | distinction of party. I consider the occasion as some- | what august. 1 know that among those that now lis to me there are such as are of the wisest, the best. most patriotic, aud the most experienced public and pri- vate men in the State of New York. Here are governors and ex-governors—bere are judges and ex-judges, of high character and high stacion—and bere are persons from alt the walks of professicnal and private life, distinguished for talent, and virtue, and eminence. Fellow citizens, before such an assemblage, and on such an invitation, £ feel bound to guard every sentiment and every expression— , tc speak with precision such sentiments as 1 advance, and to be careful in ail that I suy, that I may not be mirapprebended nor misrepresented. I am requested, fellow citizens, by those who invited me hither, without distinction of party, to signify my sentiments on the te of public affairs in this country, and the interests in question which are before us. This proves, gentle- men, that, in the opinion of those who invited me here, there are questions sometime: all party, and all the ipfuences, and cousiderations, and interests of party. It proves more. It proves that in arising which range above “of their jud; mt, at whowe juest 1 now stand before you, thie is @ ime in which public affairs do rise in impor- tance above the range of party, and draw to them an imterest paramount to all party considerations. Lf that be not so, I am here without object, and you are lis- tening tome for no purpose whatever. ‘Then, gentlemen, what.is the condition of public affairs which makes it necessary—proper—for men to meet, and confer together on the state of the country? What are the questions | which are overriding, subduing, aud overwhelming party | —uniting honest, well meaning persons to lay party aside —to meei and confer for the geueral public weal! I shall, | of course, fellow-citizens, not enter at —— into many of these questions—nor into any lengthened discussion of the state of public affaire—but shall endeavor to state What that condition is—what these questions are—and to pronounce a conscientious judgment of my own upon | the whole. The last Congress, fellow citizens, passed Jaws called adjustment measures, or settlement measures —laws intentended to put an end to certain internai and domestic coutroversies which existed in the country. The laws were by the constitutional majority of both houses of Con . 7 Tecetved the comstitutional approbation of the Presideat. They are the laws of «land. To some, or all of them—indeed, to all of them—at that time there existed warm and vio- | lent opposition. None of them passed without opposition. Government was established ip each of the Territories of New Mexico and Utah, but not without opposi- tion. The boundary of Texas was provided to be sectled by compromise by that State, but not without determined and violent opposition, These laws all passed; and as they have now become, from the nature of the case, irrepeala- Die, it is not necessary that L should detain you with dis- cursing their merits und demerits, Nevertheloss, gentle- men, 1 derire on this, and on all public occasions, in the mort emphatic and clear manner to declare that I hold some of there laws-—-and especially that which provided for the adjustment of the controversy with Texas—to have beeu essential to the preservation of the public peace. I will not now argue that point, nor lay before You the circumstances which existed at that time, at any length—the peculiar situation of things in sc mauy of the Southern States, or the fact that many of those States had adopted measures for the separation of the | Unior—the fact that Texas was preparing to assert her | rights to territory which New Mexico thought was hers | y right, and that hundreds and thousands of men, tired | cf the ordinary pursuits of private life, were ready io rise end unite in avy enterprise that might open to them, even at the rick of « direct conflict with the authority of | this government. say, therefore, without going jute | the argument with any details, that in March of 1800, | vupd it *, duty to address Con; om these it topics, it was my conscientious belicf—still , n—even since confirmed—that if the controversy | with Texas had not been amicably adjusted, there must | bave been civil war and civil bloodshed; and in the con- | templation of such a pect it was not a farthing’s con- | fequence to me on which standard victory should perch. | In sueh a contest. we took it for granted that n> opposi- tion could arise to the authority of the United States, that would not be suppressed. But whet of-that’ did not care for the mili consequences of things—I locked to the civil and political state of things, and L in- | quired ¥ bat would be the condition of the country, if, in | this agitated state of thinge—if, in this vastly extended, | but not generally pervading feeling at the South, war should break out and bloodshed should ensue in that ex. treme of the Union’ That was enough forme. And if | the chances had been but one in a thousand that such — would have been the result, I should still hare felt that that one theusandth chance should be guarded agains by ony reasonable sacrifice; because, gentlemen sanguine ae I am for the fatare prosperity of th country—strongly as I believe mow, after what | las pasved, and expecially after those measures, that iti | likely to held together—I yet believe firmly that this i once broken, is utterly incapable, aecording to al huinan experience, of being re-united—of being recon structed, by any chemistry. or art, or effort, or skill o man, Then, gentlemen, passing from those mes«ares which are now secomplished and settled. California isin | the Union, and can't be got out; the Texas boundary is rettied, and can't be disturbed; Utah and New Mexico | are territories, under provision of law, according to ac- | customed usage in former cases—and these things inay be regarded as settled. But, then, there was another sub- | ct, equally agitating and equally frritating. which, in it* nature, must alway be subject to consideration. and that ist! ‘ugitive Slave law of 180, passed at the «ame | sevsica of Congress. Allow me to advert very shortly to what I consider the ground of that law. You know, and 1 know, that it was very much opposed in the Northern Stater—sometimes with argument, not unfair, often by | mere eboilition of ud often by those whirlwinds of fanaticiem that ral | rr will, “give neither sleep to their eyes nor slumber te theif’ epeciae > ¢0 long na they can Ube people. It is with them # topic—« here hat for part; hardly anything ro desirable as at New, gentlemen, Lam teady to meet Pgh de Tye GT, Cm gay eee Lt Tr, ex] it, ‘& proper law shoul 8 Tor the Feat ba Of fugitive vea, found in free States, back to their owners in the slave States. 1am ready to tay that, because I only repeat the words of the const. tution iteelf, and Tam not afraid of being considered a | nor a for! | | all but several—nuilified the law | reputation cs nd blind the eyes, bat pro- | w tie Ite enemies will not jet it seep or slumber. They | they have a right to eay—m of faet—that this particular law is #0 odious here tate it before | elsewhere that it cannot be executed. rable topio— | that they are of opimion that now, who have much experience in [(~ | he: is | not f you, my young friends of pains to go back to the debates of Meeting of the first Congress, gress of the Confederation—to the sent constitution, andthe enactment of under the existing constitution—anybody who that necessary research, will find that Southern Southern States, as represented in Congress, the existence of slavery in fur more earnest and terms than the Northern; for. though it did exist Northern Ftates, it was » feeble taper, just going oon to end—and nothing was feared leading men of the South—of Virginia, nas—felt and acknowledged that and political evil; that it retarded free man, and kept back the progress of free labor, and said with truth—and all ny Ne fies the observation—* that, if the shores of the peake had have been made as free to shores of the North River, New York great, but Virginia would have been great ‘was the sentiment. Now, under this state ings, tlemen, when the constitution was framed, its and the people who adopted it, came to a clear, Myr or| eiteey ee if L & Ez is fi 3 £5 4 | unquestionable stipulation and compact. There been an ancient practice for many years—for a eenti for aught I know—according to. whieh fugitives freak service, whether apprentices at the North or slaves at. the South—that fugitives should be restored. Massachu- setts had restored fugicive slaves to Virginia long before the adoption ef the constitution; ard it is well known that, in the States herein—the centre where slavery exe isted—they were restored. And it was held that any man could pursue his slave and take him wherever he could find bim. Under this state of things, it was ex- pressly-stipulated, in the plainest lang theré i¢ stands; sophistry cannot gloss it—it camnot be erased | from the page of the constitution—there it stands, that persons held to serviee or labor in one State, under the laws thereof, excaping into another, shall not, in comse- quence of any or regulation therein, be boas from such service or labor, but shall b» delivered Op, upon ewiia «f the party to whom such service or bor shall be due. A d without dissent— ho where objected to, North or South—considered matter of absolute right and justiee to Southern States—coneurred in everywhere, by et State that pted the constitution; and we look in vaim for any opposition, from Massachusetts to Ce i». The this being the case— this being the provision of the con- Ftitution, soon after Congress had organized, in General Washington’s time, it was found eoessary tO pass & law to carry that provision of the constitution into effeet. Such a law was prepared and passed, It was prepared by a gentleman from a Northern State, It is said it was | drawn by Mr. Cabot. of Massachusetts. It was supported by him and by Mr. Goodhue, and Mr. Sedgwick, of Mas- sachusetts, and generally by all the free States. There ‘Was not a tenth vote against it. It went into operation, and, for a time, it satisfied the just rights and expecta- tions of everybody. That law provided that its pro- visions should be carried into effect mainly by State gistrates, justices of the peace, judges of State courts, theriffs of State counties, and other organs of State eu- thority. So things went om without loud complaints from any quarter, until some fifteen years sf, when some of the States—the free States—thought it proper for them to pass laws prohibiting their own magistrates aud officers from executing this law of Congrose, under heavy penalties, and refusing to the United States au- thorities the use of their prisons for the detention of per- fos arrested as fugitive slaves—that is tosay, as far the States could go. Those of them to whieh f refer—not "93 entirely. They said. -~“notexecute it. No runway slave shall be restored.’? ‘Thus the law became a dead letter—an entire dead letter. But here was the constitutional compact—here was the stipulation, as solemn as words could form it, and which every member of Congress, every officer of the general government, every officer of the State governments, from governors down to constables, had sworn to support. Well, under this state of things, ia 1850, I was of opinion that common justice and good faith called upon us to make a law-fair, reasonable, equitable. just—that should be calculated to carry this constitutional provi- sion into ¢ fleet, and give the Southern States what they were entitied to, and what it was intended originally they should receive—that is, a fair right to recover their fu- gitives from service from the States into which they had led. I wasof opinion that it was the bounden duty of Cor to pass such a law. The South insisted that they had a right to it, and I thought they insisted justly. It was no concession—yielding nothing—gives up no- thirg. When called onto fulfil a compact, the question is, Will you fulfil? And, for one, I was ready. I will fal- fil it by any fair and reasonable act ‘of legislation. Now, the law of 1850 had two objects, both of which were ae- complished by it. First, it was to make the law more favorable for the fugitive than the law of 1793. It did 80, because it called for a record, under seal, from « court: in the State from which the fugitive might be saidi¢, have come, proving and ascertaining that he wasg fugitive, so that nothing should be left, when pay] sued into @ free State, but to produce the proof; Sortie —~) Sones ‘the age placed the power in more ie hands, : of the Supreme and Distriet Courts of the United t and learned persons appointed by them as eo sioners, were to see to the execution of the law. fore it war a more favorable law, in all respects. to the fugitive, than the law passed under General Washi: ton's administration in “3. Now, let me say that law bas been discussed, considered, and adjudged in @ reat many of the tribunals of the country. It has beem the subject of discussion befure judges of the Supreme Court of the United States—the subject of discussion be- fore courts the most respectable in the States. By where—on all occasions—and by all judges, it hat holden to be, and pronounced to be, a constitutional law. 80 ray Judges Nelson. Woodbury, and all the rest of the judges, as far as [ know. So says the unsaimous opinion of Massachusetts herself, expressed by as good @ court as ever rat in Massaobusetts—its prevent Supreme Court—unanimonsly. and without hesitation—and #0 say@ every bedy. eminent for learning, and constitutional law, and good judgment. without obstruction, without opposd- tion, without intermixtare coon of judicial opinion any where. And hope I may be indulged on this oceasion, gentlemen, partly on account of a a oer om | and partly of the excellence and ability of the production, to refer = siltoarecent very short of Mr. Prene tice, the District Judge of Vermont, Appinnce ‘True, the case before him did not turn #0 on the «ques- tion of the constitutionality of this law, as the uneonsti- tutionality and illegality, and utter i of Private men anid political bodies setti above it—on the idea of the hi where between us and the ira bearens. — exactly where, (Cries of * laughter. judicial opintons are in favor ef this law You can't find aman in the profession in New York, whose income reaches thirty pounds a year, who will stake his profes= sional reputation on an opinion against it, If be does, hie rr putation is not worth the thirty pounds, (Renewed laughter.) And yet this law is opposed—violently op= pored——net by bringing thix question into eourt—these jovers of human liberty—these friends of the slave—the fugitive Cae pepe their hands in their pockets and draw funds to conduct law suits, and the ques- tion; they are not in that babit much. ( ) ‘That i« not the way they show their devotion to of any kind. But they meet and pass resolutions. resolve that the law is oppressive, unjust, and circumstances, not be executed at any rate—urider an} It has been said in the Mates of New Yor Worcester, in Mase ; ins where. And for this they pledged their lives, their for tunes, and their sacred honor! (Laughter.) Now. genties men, these proceedings—( reputation—are distinctly t Ohio, certain resolutions in asonable. w York, and the con- ventions held in Boston, are disth treasonable. And the act of taking away Shadrach the pub- lic authorities in Boston, and sending him off, waa an act of clear treason I this in the hearing or men who are lawyers—I speak it out | to the country—I aay it everywhere, on my professional t was treason, and nothing \t bs to if men get together, and combine together, aud peive that they will oppose a law of the in any one case, but ip all cases—I say, if they resolve to resist the law, whoever may be attempted to be subject of it! and carry that perer into effect eisting the application of the law in any one case, © sir, reason (Turning to Mr Spencer, amd stanepit with emphasis} You know it well. (Contiauing to dress Mr. Spencer.) The resolution itecif, unacted om ix not treason—it only manifests a treasonable pi | When this purpose ix prociaimed—and it is. proc! that it will be carried out in all case—and is carried into effet, by force of arms of numbers. im aay one ease, that constitutes a case looking to war against the Unions and, if it were necessary, I might cite in filustration the ease of John Shays, who suffered death in Waskh- ington’s time, for being concersed in the whickey incurrection of that day. [There ie probably an erro Shays’ rebellion was in Massachusetts, and the whiskey insurrection in Pennsylvania) Now, various are the arguments, and various the efforta, to denounce this law—to oppose its execution—to keop it up ae a question of agitation—and they are ae various as the varied ingenuity of man, and the va~ rows aspect of such questions when they come the public, And ® common thing it is to say, 'pat the law \a jous—that it can’t be executed, and be exeout- been suid by those who don't mean it shall be executed—not by any body else, neeume the fact that it can't be executed, to make true which they wish shall turn out to be true, wish that it ehall not be executed, and, therefore. an< nounce to ll mankind that it cqn't be executed, When ic men—your conductors of\ deal h the subject, they deal unkairly with it. Those here. duce nothing else, Now, thix question of the | who have types at command, have « perfect propriety of the Fugitive slave law, o the esectment of | right tov express thei opinions) bab “I. "aouee rome tuich law, ie mq that must be met. | their right to express opinions as facts, I doubt whether jot aa it may not he executed. ind any of that