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ment on this significant fact. Such Carolina, “ to prevent free negroes a law, rigidly enforced against the and other persons of color from enobjects of it, might be justly regard. tering the state," is a specimen, and, ed as a very harsh one; there would if we mistake not, was the model. be, to say the least, great doubt as It is these laws, now enforced in to its constitutionality; we do not nearly all the slaveholding states, admit that it could be justified by that make the free negro, who venany necessity which has yet been tures beyond the precinct in which proved to exist ; but, waiving all his lot may be cast and where he is these considerations, we insist that suffered to vegetate, in effect an outno possible necessity can justify any law. If, crossing the line of his nathing more than this; that this is the tive state, he is detained, by whatutmost limit to which South Carolina ever necessity, beyond the short peor any other state can go in tres. riod of absence which the law may passing on the rights of other states allow, he finds his return precluded or their citizens, and claim the for - he is not permitted to remain bearance of the injured parties; and where he is and acquire a dornicilthat every step taken beyond it is ag. the adjoining states are closed against gression, wanton, gratuitous, and ut him-wherever he may turn, the terly inexcusable.

law is his enemy, and he has no We have thus examined, with choice but to take refuge in the rather an excess of concession, the swamps, or to surrender himself to plea of necessity put in by the ad the sheriff and enrich the coffers of vocates of the South Carolina poli the state by the price of his liberty. cy. We have shown that in its best It is to this policy, rather than to estate it is a useless weapon in any special distrust of himself, though their hands; in justice to the truth such distrust doubtless there is, that of the case, we ought now to show, the colored citizen of Massachusetts more fully than time or space will falls a victim when he enters the permit, how effectively it might be harbor of Charleston. When there. turned against them. The necessi- fore the Carolina legislator, appealty which really dictates the main ing to our sympathies, protests that tenance of these laws, is a very he is a most reluctant trespasserdifferent thing from that which we that his sole object is, in the strictest have been contemplating. It is sim- self-defense, to ward off the fireply the necessity of upholding, at brands which incendiary abolitionall hazards, and by any sacrifice ists, through the agency of colored whatever of right and justice, against seamen on board northern vessels, all the causes which are tending to would scatter among their dwellings, undermine or overthrow it, the su. we point to the whole law as it stands premacy of slavery and of the slave.

on his statute-book, and retort-But holding interest. Obeying this ne. you do not stop with free negroes on cessity, the southern states have been board northern vessels, or any ves. gradually maturing a policy, the ef- sels; the free negroes from Baltifect of which is to put down and more, from Norfolk, from the intekeep down, below the level of the rior of North Carolina or Georgia, slaves themselves, that portion of meet the same proscription; you the enslaved race who are guilty of say, in so many words, “ It shall not being free. The slave code has no be lawful for any free negro or perprovisions more revoltingly tyranni. son of color, to migrate into this cal, than those devised to carry out state, or be brought or introduced this policy. And of these there are into its limits, under any pretext none more terribly effective, than whatever, by land or water ;” and the laws of which the Act of South if any such are found there, you

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say, they shall be imprisoned—they the Constitution and laws of the shall be whipped-they shall be sold Union. And especially, when, as in as slaves. Your legislation would the case of South Carolina, the laws be just the same, if there were not which inflict the wrong are studious. a free state nor an abolitionist in the ly so framed as to leave the injured Union. It is the legislation which citizen no remedy which he can systematically sacrifices the free himself apply, making it physically colored race to the growing exigen- impossible for him either to resist cies of your cherished institution. their execution or test their validity, Their presence and prosperity, you we hold it to be the solemn duty of rightly judge, is always dangerous his own state, a duty which Massato that institution. In pursuing that chusetts, to her lasting honor, has system, you make it a capital point been the first to recognize, to interto prevent the increase of that class, pose in his behalf, and in all lawful either by emancipation, immigra- ways to endeavor to resist the ag. tion, or temporary sojourn. And in gression, to right the wrong, and like manner is it a capital point, if prevent its recurrence.

find any of the race contrave Such ample cause has Massachuning that policy, however innocent setts found for interfering in behalf ly, and can lay your hands on them, of her citizens. We have proposed to treat them, not merely as offend. further to consider whether that in. ers against a penal law, who yet terference has been properly conhave some rights, and whose punish- ducied. A brief statement of the ment you seek in some measure to measures adopted will show that they proportion to the intrinsic demerit of were strictly appropriate, if not intheir acts, but as outlaws, exposed deed the only ones which the nature at your sole discretion, though civil. of the case permitted. ized and Christian men and citizens, The first action of Massachusetts to acts of violence which if inflicted was by resolutions adopted in 1839, on the savage African in his native in consequence of numerous peti. wilderness, would make you an ob- tions presented to the Legislature of ject of abhorrence to the whole that and preceding years. This Christian world.'

declaration, premising that, “ under In the necessity, therefore, which the laws of several states in this has dictated this oppressive legisla. Union, citizens of this commontion, in the policy which it is intend. wealth, visiting those states for pured to subserve, there is not only poses of business, or driven thither nothing to palliate, but every thing to by misfortune, had often been and aggravate its intrinsic cruelty and continued to be, though guiltless of injustice. In carrying out, by laws crime, cast into prison, subjected to which abrogate the most essential onerous fines, and in many instanconditions of the constitutional com ces sold into slavery ;” simply repact, a policy like this, the states cognized the duty of the state to prowhich adopt it can claim and ought tect her citizens in their rights, reto receive from their sister states monstrated against the laws in ques. neither co-operation nor connivance. tion as invading those rights, and If they choose to enforce it upon authorized measures to be taken for their own and each other's subjects, the relief of the sufferers. “ It dethere is no help for it; but there is nounced no one, insulted no one, or ought to be help for it, when citie threatened none. Respectful in lanzens of other states become its vic- guage, and strictly defensive in its tims, while in the peaceable and in- tone, it rested on the hope that somenocent exercise of rights, valuable thing would yet be done by the volto them, and guaranteed them by untary act of the offending states 10

remedy the grievances complained Such have been the proceedings of."

of Massachusetts, in her efforts to But this remonstrance produced no obtain for her injured citizens proeffect; and therefore, after waiting tection and redress. Upon a review three years, and finding that citizens of them, we think she may well, in of the state still continued to suffer as the language of her protest, "chalbefore, the Legislature, in 1842, lenge the world to show that she has passed other resolves, authorizing done any act in connection with this the Governor, on application in be subject which it was not her indis. half of any citizen imprisoned under pensable duty to her citizens to do these laws, “ to take all suitable and for their protection, or which any proper measures to cause such citi- state has a just right to complain of zen to be discharged from his im. her for doing. Neither has there prisonment, and the legality of such been a word placed upon her statute imprisonment to be tried and deter- book which she has occasion to remined by the courts of the United gret. Her remonstrance has been States."

grave, respectful, reasonable. Her This measure it was found would measures have been moderate, strict. not reach the case ; for the reason ly lawful, conciliatory, in the spirit that the sufferers in prison could of truth and peace. Let posterity take no measures to avail themselves decide whether South Carolina will of the proffered assistance. In 1813, be entitled, with any justice, to say therefore, the Governor was by re as much.” solution authorized to employ agents The conduct of the latter state it in the ports of Charleston and New can not be necessary for us to chaOrleans, to institute suits in behalf racterize. Her Act for the expulof any such citizens, with the same sion of Mr. Hoar, was followed by purpose of testing the legality of an Act making it a high misdemeantheir imprisonment. No lawyer, or, punishable with fine and impris. however, could be found in either onment and banishment from the of these cities to undertake the duty; state, to call in question before any and therefore, as a last resort, the court the validity of the obnoxious Legislature of 1844 authorized the laws, or to come into the state with Executive to employ as agents citi. that intent; and in the very infatuazens of Massachusetts, whose duty tion of despotism, as if to show how it should be to proceed to those ports utterly unmeaning a term is freeand there take the proper measures dom in a land of slavery, and to to promote an amicable appeal of heap up odium and detestation on the controversy to the highest tribu. her own head, she proceeded to renal of the Union. Under this re- peal, in respect to free persons of solve, an eminent citizen of Massa- color imprisoned under her laws, the chusetts, Hon. Samuel Hoar, was provisions of the “ Habeas Corpus appointed to the agency, and pro- Act;" not hesitating even to quote it ceeded to Charleston to exercise its by the title by which it has become duties. The result of this mission venerable in the history of English is well known. Mr. Hoar, attempt. liberty, as

" An Act for the better ing in a manner perfectly respectful securing the liberty of the subject, to perform the simple and peaceful and to prevent imprisonment beyond duty assigned him, was prevented by seas. the violence of a mob, and driven The controversy rests for the prefrom the state, and the disgraceful sent upon the declaration adopted outrage was immediately sanctioned by Massachusetts, in which, ad. by a special act of the Legislature of dressing each of her sister states, she South Carolina.

enters her earnest and solemn PROVOL. IV.


TEST against the hostile acts of South before that final tribunal. Armed Carolina. We regret that our limits with that decision, for there can be will not permit us to do justice to this no possible doubt as to what it will noble document-a document wor. be, Massachusetts may be in a con. thy of the best days of old Massa- dition to renew the contest on the chusetts and of her best men ; and soil of South Carolina, and force that one which, crowning the series of state to the alternative of admitting her acts, completes the contrast, the rights of her citizens, or expressfrom the first so striking, between ly annulling within her limits, not her conduct and language and those as of old a law of Congress, but the of her antagonist; the contrast be. Constitution itself. In the mean tween the spirit of Christianity and time, we hope, though it is much to the spirit of chivalry. Disclaiming require of human nature, that she the purpose of retaliation, and ac will continue to forbear from acts of knowledging that patience under such mere retaliation ; and we know that gross and glaring wrong is the pres. she will continue to press, by every ent duty of the state, not towards proper measure and in every proper South Carolina, but towards the pa. place, her demand of justice for her. cific states, she impressively pro- self and her citizens. And especial. tests against the commission of that ly, though we know how little is to wrong, adjures her sister states not be expected from Congress, abso. to permit a case of injury to the lutely controlled as it is by the slaverights of the people of any state to holding interest, yet, seeing that the find no constitutional mode of redress Federal Judiciary is charged with whatsoever, and points out the con the duty of protecting the rights of sequences which must inevitably en citizens under the Federal Constitusue, if one state is thus permitted to tion ; that the power of resorting to assume and maintain the prerogative that tribunal, to ascertain and enof setting up her own will or her force those rights, is a fundamenown opinion as law, instead of or in tal right of every citizen ; that South opposition to the judgment of that Carolina has set herself to defeat that high tribunal which the Supreme right, by making its exercise within Law of the land has made the final her limits in certain cases a crime, arbiter in all cases of conflicting and in other cases impossible; that a right arising under it.

case has thus arisen which the law In opening the discussion now organizing the Judiciary department concluded, we expressed the hope did not contemplate and does not and belief that this controversy would reach; that it is the imperative duty yet be decided upon its intrinsic of the Legislative department to enmerits. It is, indeed, hardly to be able the Judiciary to perform its expected that upon the identical law functions and give effect to the posiout of which it has arisen the Su tive enactments of the Constitution ; preme Court will very soon have an and that further legislation has beopportunity to pronounce; but laws come necessary for this purpose, the same in principle are enforced and may accomplish it: we hope in so many of the states, in some of and trust that those who represent which the friends of freedom and the the state in Congress will be inright are becoming numerous and structed to urge upon that body the ardent, that we do confidently ex enactment of such further laws, and pect to see at an early day the great that all the friends of the Constituquestion, as to whether the Consti. tion and of freedom, there and else. tution does or does not recognize and where, will co-operate with them in protect the essential rights of the the work, as one of paramount imcolored freeman, tried and decided portance and never to be abandoned.

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Did the worthy publishers think easy one: it demanded the highest of the significance of the above title, qualities of a hero; and Cromwell which they tacked to a cheap form of performed it to the perfect satisfacthis work? CARLYLE's Cromwell: tion of his employers, and to the exactly so! Not the Cromwell who admiration of the world. After this has lived in the fancies of most was done, he set himself a still har. men, since, two centuries ago, one der task, viz. to see that England, of that name was dug up from Scotland and Ireland, were rightWestminster Abbey, and hung upon eously governed. And, in spite of Tyburn gallows; not that quintes. obstacles, the like of which no ruler sence of cant, falsity and the devil; ever had to surmount, he did this that red-nosed Noll, who was a mere confessedly better than it had ever savage fighter, snorting death-fire been done before. This is Carlyle's upon St. Charles I. and his canon. Cromwell. A real hero ; a deep, ized host of cavaliers all the way earnest, sincere, godly man; a refrom Edgehill to Naseby,+-a usur- ality and not a sham; veracious, per, murderer, hypocrite and prince not lying,-truly religious, and as of liars; not that man at all! Carlyle far from cant and hypocrisy as any can find no such Cromwell after the other. Truly this is not the Cromutmost search in all the truthful his well we read of in most histories. tory of England in the middle of the The two have nothing in common seventeenth century.

with each other, except-neither of It is Oliver (the son of Robert them could ever be beaten in battle, Cromwell) who was an active coun. outwitted in council, circumvented try gentleman, a member of Parlia. in diplomacy, or frightened from his ment in his younger years, and un purpose. Perhaps also we should derstood to have been a wise, devout grant that the two men bore a perand worthy man, of whom Carlyle sonal resemblance to each other : writes. A man who

the unbeautiful face, the negligent somewhat emphatically acknowl. toilet, the awkward manners, are edged by the civilized world, as recognized in both. But here the England's Protector and ablest man. resemblance ceases. The characTill past forty, this Oliver was a ters of the two differ toto cælo,Huntington farmer; a quiet, just the whole distance of heaven from man, fearing God and studying the hell! In mental ability also the Bible-of the class called Puritans. contrast is great; and even their He talked and prayed in conference earlier occupations differ,--the one meetings, in common with others of being a brewer of malt, the other a this sect. Being known, as a man gentleman farmer in the substantial who would set well at the mark, his medium class of English life. fellow citizens deemed him fit to Change the names of these two represent them in Parliament. He men, and the names of the battles went; and for long years, he man they fought, and it is doubtful whethfully did the work which his country er the one would ever suggest the and Parliament called upon him to other. do. The task set him was not an But how comes it to pass that

Carlyle's Cromwell is so different * Oliver Cromwell's Letters and Speech from the Cromwell of Clarendon, es : with elucidations. By Thomas Carlyle. In two volumes. "Wiley & Put- Hume, and nearly every historian nam, 161 Broadway, New York.

since he lived? The reader of this



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