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92 T H E L I B E R A T O R . JUNE 9.
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|: [[bold]] P O E T R Y . [[/bold]] :|
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|: For the Liberator. :|

|: [[bold]] THE ECLIPSE. [[/bold]] :|

Thou doest well to hide thy face, oh Sun,
And darkly veil thy shame-suffusèd brow;
For never since creation was begun,
Hadst thou such cause to blush for earth as now.
It matters not which side thou look'st upon,
There is no zone where Liberty is safe,
No hemisphere where justice may be done:
No isle or continent doth Ocean chafe,
That Morning finds not in the chains of Wrong,
Which day doth rivet--Night make doubly strong;
The lands most blest by thee hath Slavery curst.
Withhold thy beams! I little reck how long,
For Right is vanquish'd, Hell its bounds hath burst,
And Satan seeks the light, and glories in the worst.

Salem, May 20, 1854. | H. :|
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|: From the Bristol (England) Temperance Herald. :|

|: [[bold]] THE TWO BRIDGES. [[/bold]] :|

|: A DREAM. :|

Very lately I saw, in a wonderful dream,
Two bridges thrown over a rapid stream:
In the channel between each rocky shore,
The waters rushed down with a hideous roar.
These bridges were called, by the voice of the nation,
TEETOTAL, the first, and the last, MODERATION;
And both, in my dream, were examined with care,
For of diverse materials and structure they were;
While I narrowly marked the vast crowds as they passed
Over both of those bridges, the first and the last.

The former was built all of stone, in huge blocks,
And had for foundation immovable rocks;
The road was fine gravel, the pathway was wide,
And a parapet wall was raised up on each side.
No toll-gate was there, for the passage was free,
No work for 'Rebecca' at all could I see,
And safely the passengers passed in high glee.
I heard them all sing, as they passed the wide river,
[[italics]] 'Teetotal's the bridge--teetotal forever!' [[/italics]]

But words cannot utter the doleful relation,
Of all that I saw of the bridge Moderation,
Of all that I heard in my marvellous dream,
And of thousands who perished while crossing the stream.

This bridge, though by many declared to be good--
Nay, [[italics]] the best [[/italics]]--was constructed entirely of wood;
For, on piles standing upright, the pathway was made,
With planks long and smooth horizontally laid:
But I saw with surprise, though the stream was so wide,
There was no palisado raised up on each side,
To prevent any passenger, passing that way,
From plunging down headlong, grim death's certain prey.
And much did I wonder to mark in my dream,
That the path crossing over this terrible stream,
Only right in the middle was perfectly level;
For the planks on each side downward sloped on a bevel;
And the nearer they verged to the farthermost shore,
Their outermost edges shelved downward the more.

Now, strange to relate, though this dangerous bridge
Had nowhere an inch of parapet ridge,
And the sides were so shelving and slippery too,
Yet multitudes daily this path would pursue,
Notwithstanding they paid a tremendous high toll,
And risked the destruction of body and soul.

It is true, you might cross by the bridge Moderation,
This roaring, wide river, without perturbation,
And only have daily a trifle to pay,
If you kept to the middle and narrow pathway;
And therefore 'twas held in the highest esteem,
As the very best way to pass over the stream.

But, alas! I beheld, and my heart was appalled,
Though the middle pathway was so highly extolled;
So that no one, AT FIRST, from its track would decline,
And every one thought he could keep the right line;
Yet the bridge, as I learnt, was so strangely enchanted,
And travellers by demons so fearfully haunted,
That, although they commenced at a moderate rate,
And paid a small toll at the entrance-gate,
Yet many would quickly and heedlessly stray
To the smooth sloping path, and a higher toll pay;
For tollmen in numbers were ranged on each side,
Where the giddy were noticed to slip or to slide:
And, though strange it may seem, yet the payment increased
As the hope of escaping destruction was least,
Till they paid altogether, I happened to hear,
In hard sterling cash, FIFTY MILLIONS a year!

While I stood by this river, both bridges in view,
This bridge Moderation and Teetotal too,
And marked the crowds passing, I saw with affright,
(For though 'twas a dream, 'twas a terrible sight,)
That while by Teetotal great multitudes crossed
Safely over the river--not one being lost;
From the bridge Moderation--from each shelving side,
That fearfully hung o'er the perilous tide--
Many thousands, while heedless or frantic, were hurled
To the dreadful abyss, and the nethermost world.

Now, shuddering with horror, I thought in my dream,
That, turning away from this terrible stream,
I saw near the chasm, where this dark river runs,
A gray-headed father addressing his sons.
'Look--look, my dear boys,' with emotion he cried,
'At the bridge Moderation, so long and so wide,
With its slippery planks, shelving down on each side.
But mark, I entreat you, that narrow pathway,
So level and smooth, with so little to pay,
'Tis a dangerous road. My dear children, beware,
For death and destruction lurk secretly there.
If once on that bridge a sixpence you spend,
Your joyful beginning may fearfully end.
Now look at TEETOTAL--that bridge of renown,
For its fame is reëchoed from city to town,
And its friends are now marching with banners unfurled,
Proclaiming its praise to the end of the world.
Then join in their ranks, sign the pledge, my dear boys,
And seize the delight the teetotaller enjoys;
For surely your hearts with delight will o'erflow,
If God on your efforts his blessing bestow,
And one fellow-creature be rescued from woe:--
At first being rescued from vile degradation,
And afterwards saved with a gospel salvation.
Then trust in [[italics]] Him [[/italics]] only, seek [[italics]] His [[/italics]] promised aid,
And boldly press onward, by nothing dismayed.'

The father thus spake, and was joyful to find
His sons were determined, and all of one mind,
In shunning instanter, without hesitation,
As deceitful and dangerous, the bridge Moderation:
But, in shouting 'Tee-total forever!' they broke
The spell of my dream, and I quickly awoke.
Resolved not to lose such a lesson,--no, never--
I joined in the cry of 'TEETOTAL FOREVER!'

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|: [[bold]] STAND FOR THE RIGHT! [[/bold]] :|

Stand for the right, though falsehood rail,
And proud lips coldly sneer;
A poisoned arrow cannot wound
A conscience pure and clear.

Stand for the right, and with clean hands
Exalt the truth on high;
Thou'lt find warm, sympathizing hearts
Among the passers by.

Men who have seen, and thought, and felt,
Yet could not boldly dare
The battle's brunt, but by thy side
Will every danger share.

Stand for the right, proclaim it loud,
Thou'lt find an answering tone
In honest hearts, and thou'lt no more
Be doomed to stand alone.
[[/column one]]

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|: [[bold]] T H E L I B E R A T O R . [[/bold]] :|

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{: [[bold]] OUR FEELINGS AND OUR DUTIES. [[/bold]] :|

A deep sadness, amounting to sickness of the heart, is the state natural to a lover of justice and freedom in the city of Boston, on this third of June, the day after the rendition of Anthony Burns, either to a life of the most rigid slavery, or, more probably, to a death of protracted torture under the lash.

If there were anything to be [[italics]] done [[/italics]] to avert this calamity, or if any speedy means could be devised to prevent its repetition, active indignation and vigorous work might take the place of this sadness. But there is nothing. By no possible means can we now help the miserable slave; and, the character of the people remaining what it is, I see not how any different result can be expected from the next experiment of the kidnappers, whether it be tried a week, or six months hence. Boston is [[italics]] content [[/italics]] to be ruled by the Slave Power. We know not what future degradation may be in store for us; but it really seems as if this trial had been, as it was intended, a [[italics]] thorough [[/italics]] one, not only of our principles, but of our sensibilities, our capacity and extent of endurance. At the infamous schools of 'vivisection,'* in Paris, students of surgery practise upon living animals, bought or stolen for that purpose, the operations which they hope subsequently to perform upon men. An unfortunate dog or horse, being first confined by nails or cords in an immovable position, is made to suffer the tortures of successive surgical operations, until he dies, the more agonizing and exhausting being economically deferred to the close, that he may last the longer. Thus in the case of Anthony Burns, every form of injustice, deception, violence and contumely has been successively tried upon the defendant, and upon whoever in the city manifested concern for him. The progress of the case, from the falsehood and violence which marked the arrest, to the meanness which pronounced the concluding judgment, furnished constant and cumulative evidence that the subjugation of Boston to the Slave Power, if not already complete, was to be effected at this time and by these means. But it [[italics]] was [[/italics]] already complete. The case was allowed to proceed for a whole week, as if to try whether the city, which lacked manliness to snatch the captive at once from the hands of the kidnappers, would at last recall its ancient (supposed) love of freedom, and assert its manhood. No voice came from the public at large, none from the Governor of the insulted Commonwealth, none from the Mayor of the disgraced city. With the present facilities for travelling, half the male population of the State might have come to Boston the very day after the kidnapping was known, or any other of the six days following, taken down the slave-pen, stone by stone, if necessary, and set the man free without spilling a drop of blood. They did not care to take the trouble; they did not see that the enslavement of this poor man was [[italics]] their own [[/italics]] enslavement, their own [[italics]] infamy [[/italics]]. A few lawyers spun their web of legal contrivances to release the prisoner, and obstruct the movements of his captors, which the agents of the Slave Power promptly broke through, as usual, but nothing was [[italics]] done [[/italics]], save the abortive attempt at rescue on Friday night, which failed for want of numbers and concert.

The vengeance to be inflicted on Burns yet remains; but as far as Boston is concerned, the tragedy is ended. The kidnapped man, captured by means of a deliberate lie, barred from access to his friends, until he could be intimidated by the conspirators against him, tried in a court surrounded by armed men, (armed, not to intimidate the Commissioner--he was ready enough to do the dirty work--but to exclude and over-awe the public;) and sentenced, equally against evidence, law and justice, has been carried out of Boston at noon-day, with the co-operation of its mayor, and its whole military and police force, and the supremacy of the slave power over the North is again made manifest.

But, it is said by many people, the termination of this case has aroused a spirit of indignation in the community, that will prevent the repetition of such an outrage. Believe it, those who will. When was a victor ever much disturbed by the disapproval of the conquered party? Success compensates for a thousand such indignations. The kidnapper comes here, seizes a citizen of Boston, pays a commissioner the usual extra fee (of $5) for a decision that the man is his slave, obtains a special proclamation of President Pierce in his favor, gets from Marshal Freeman and Mayor Smith, (at the expense of the United States,) whatever help is needed to carry him off, finds the whole military force of Boston [[italics]] volunteering [[/italics]] to aid him, and is taken triumphantly in a government vessel to Virginia, there to be welcomed with exultation and delight by the chivalry of that State, the only persons whose good opinion he values. What does he care for the indignation of the defeated Yankees he has left behind? Moreover, if such had been his pleasure, he could have sold this kidnapped man in Boston to better advantage than in Virginia. His own price was offered him, and he refused it. The whole course of the case, as well as its result, affords direct encouragement of the strongest kind to other man-stealers to make Boston their hunting-ground, and we shall probably soon have more such cases. And yet some people would have us believe that all this is to be counterbalanced by the barren 'indignation' of a few thousand people, who stood passively by in the streets to see Burns carried away. The end is not yet.

Does the sadness, which these events inevitably inspire, amount to, or tend towards, discouragement? Are abolitionists now to judge the cause of the slave hopeless, and consider themselves discharged from further action in the premises?

In my judgment, not for a moment, nor in the least degree. It remains true that 'now is our salvation nearer than when we first believed,' and also that we must '[[italics]] work out [[/italics]] our own salvation' and that of the slave. The times demand more zeal, more energy, more perseverance, and more diligence than ever. The positions which we have heretofore taken, the declarations we have always made, are now corroborated by additional evidence. If we have miscalculated at all, it has been not in relation to the right principles to be held, or the right methods to be pursued in this work, but in holding an opinion too favorable of our countrymen who call themselves republicans and Christians. We have too hastily taken for granted of the people at large, what Garrison did of the clergy at the commencement of his career, namely, that they would do their duty when it was clearly pointed out to them.

If any means exist for the abolition of slavery more speedily than a reeducation of this whole people in the principles of justice and freedom, I confess my ignorance of them. We have assumed, that such principles [[italics]] were [[/italics]] implanted in the nation by its pilgrim settlers and its revolutionary sires. In spite of the counterbalancing evidence furnished by the persecuting spirit of the former, and the concessions to slavery made by the latter, we have hoped against hope that the profession of democracy and Christianity in their descendants was a truth, and not a lie. We were deceived, and may take to ourselves such consolation as arises from having erred on the side of charity. But our business now is, not to fold our hands in discouragement, but to gather wisdom from our enlarged experience, and gird ourselves to the execution of the longer and harder task that now opens before us. Next week I hope to speak of two of the particulars in which our action needs to be made wider and deeper hereafter.--C. K. W.

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*The scientific term for cutting up alive.

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|: [[bold]] JOHN MITCHELL. [[/bold]] :|

|: AN EPIGRAM. :|

Where the wild waves o'er 'vex'd' Bermuda roll,
Lay chain'd a felon's' form with Mitchel's soul:
Escaped to vex'd America, we find
John Mitchel's carcass with the felon's mind.--W. J. L.

|: A CARD. :|

John Mitchel, Felon, having felt the whip,
Is candidate for slave-drivership.
He'll take good care [[italics]] his [[/italics]] slaves shall never slip.--W. J. L.
[[/column two]]

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[[bold]] ROBINSONIANISMS--THE OLD LINE DEMOCRACY, AND FREE SOIL CONVENTIONS. [[/bold]]

| INDIANAPOLIS, May 27, 1854. :|

MY DEAR GARRISON: A few items of the occurrences of the past week in the capital of this State may not be uninteresting to your readers, especially as the week has been an unusually exciting one. In these latter days of villany, and accustomed official baseness and rascality, the history of a case just argued before the U. S. District Court will not startle the minds of your readers as it ought to have done in the purer days of the republic. In fact, originating, as it does, upon the soil of Hoosierdom, where the Robinsonian dynasty reigns, and which is so gloriously represented in the U. S. Senate by a petit wiseacre, whose keen perception has discovered the Declaration of Independence to be a 'self-evident lie,' nothing could be more natural. The case is briefly this--'plain and unvarnished' though it be, it may, to the blind, fanatical eyes of abolitionists, reveal some of the beauties of the law of 1850, and induce them to forbear their extravagant opposition to it.

Through the patriotic efforts of a certain [[italics]] Marsh [[/italics]]-al, four citizens of Lagrange and Steuben counties were reported to the present slavocratic regime for harboring and concealing the escape of and aiding and abetting ten fugitives from service. From the indictment as presented by the prosecuting attorney to the Grand Inquest, and by them found as a true bill, the owners, names, age, sex, and former place of residence of the supposed fugitives, were to the jury unknown. Nor did this masterpiece of indictment allege whether they were whites, mulattoes, or blacks. And upon this gloriously uncertain document, even less descriptive than those [[italics]] morceaux [[/italics]] of elegant literature occasionally published by woman-drivers when in pursuit of their victims, did the Robinsonians demand the conviction and punishment of four respectable, industrious and innocent fellow-citizens. G. S. Orth and E. H. Brackett, Esqs., of Lafayette, and Hon. G. W. Julian were counsel for the accused, and right gallantly did they defend them from this miserable prosecution. Upon a motion to quash the indictment, an animated debate ensued, Messrs. Brackett and Julian defending the motion with marked ability. One point was maintained with especial eloquence, viz., that the actual presence of the owner upon free soil, in active pursuit of the absconding slave, was necessary in order to constitute him a claimant within the meaning of the act; and that, without this actual presence and active pursuit, no crime could be committed in violation of the provisions of the statute, by harboring or concealing, or aiding and abetting fugitives. The Court (Judge Huntingdon on the bench) quashed the indictment upon other grounds, however, than this main point relied upon by the defence--leaving this question open for future decision.

But the patriotism of the Old Line Democratic Robinsonians was not to be dampened thus, and whilst I am writing, a new Grand Jury has been empannelled--new indictments are being prepared, and a Deputy Marshal has been despatched to the Southern Empire to search out the lost masters of her slaves; with slaves, color, age and sex unknown. [[italics]] Oh! tempora! [[/italics]] Japhet in search of a father had no such Herculean labor to undergo! for [[italics]] he [[/italics]] had a prodigious nose by which to be directed; but the forlorn Deputy, wandering through the wide dominions of the sunny South, a bell in his hands, and unleashed bloodhounds following despondingly in his track, had no lamp to guide his weary feet--nought to cheer his faltering footsteps, save the far-distant prospect of a contingent fee. Of the [[italics]] smelling [[/italics]] qualities of this [[italics]] master [[/italics]]-hunter, I cannot speak, not having the honor of his acquaintance; but have no doubt, remembering somewhat indistinctly the case of a certain [[blank line]] Ellington, and John Freeman, that deserved success will crown his noble efforts in the cause of the slaveocracy, and that ultimately he will [[italics]] scent [[/italics]] out the master or masters, mistress or mistresses, who for months have suffered the loss of ten valuable slaves thus quietly, an without a murmur.

The Old Line Democracy have been making quite a display of their [[italics]] principles [[/italics]]. Their State Convention was numerously attended, indeed, without 'insinevating,' we might say it was [[italics]] well packed [[/italics]]. They have frankly faced the music, and with more boldness, perhaps, than prudence, throwing off their old disguises, have met the issues long since tendered them by abolitionists and temperance fanatics. They have fully endorsed the principles of the Nebraska Bill, (although none of the assembled sachems, slaveholding Mr. Chairman Bright included, could answer the impertinent query of a delegate, inquiring what these principles were,) and have bravely hoisted the Whiskey Flag, with the motto, 'No search, seizure, confiscation or destruction,' at their mast-head. Much unanimity prevailed, evidently manifesting the presence of a superior senatorial manager from Washington. John L. Robinson, Esq., was also quite a prominent chief among the fraternity, and conducted himself with characteristic courtesy and moderation. A Mr. Thompson of this city having very improperly and singularly questioned the correctness of his statement, that temperance lecturers and clergymen protesting against the Missouri Compromise were 'itinerant vagabonds' and 'unprincipled scoundrels,' the valiant Marshal gallantly drew his cane, and would doubtless have justifiably sacrificed the Doctor as a traitor to the orthodox Old Line Democracy, had not less devoted defenders of the faith impudently interfered and thwarted his designs. After the usual amount of confusion always consequent upon the effervescence of Old Line Democratic Patriotism, and the passage of a resolution applauding the course of Senators Douglas, Dallas, and Bright, the Convention rested from its labors and adjourned.

That this Convention did not truly represent their constituency is evident from the loud murmurs of discontent already heard, and which, as its action is fully represented to them, must grow louder and louder. Especially in the Northern parts of the State, the signs of times plainly indicate a rebellion by the people, at the infamous attempt made by the leaders of the party to force them upon a platform odious to their convictions of right, and abhorrent to their sympathies. There will doubtless be a union, open and undisguised, between the Free Soilers, Whigs, and those Democrats who are unwilling to stand upon the rum-cask as their platform, having in one hand the slave-driver's whip, and, with the other, holding aloft a banner wet with the blood of the slave and tears of the rumseller's victims.

The action of the Free Soil Convention plainly tends to such an union. Its meeting was conducted in harmony and hope. Undismayed, they viewed the passage of the Nebraska outrage as the harbinger of a better day. They resolved to make no nominations for candidates at the ensuing election, but to call upon all persons opposed to the repeal of the Missouri Compromise to co-operate with them, and recommended the calling of another State Convention for the nomination of a ticket in opposition to O. L. Democracy. Messrs. Julian and Craven addressed the Convention, reviewing the action of the Democratic Convention, and exposing the iniquity of their principles.

If the proposed union be rightly formed, there can be no doubt that the infamous wire-workers who have so long reigned over the Democracy, and corrupted it by their presence, will receive the defeat and quietus their unparalleled diabolism merits.

Yours, truly, M.T.E.

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[[bold]] CONSPIRACY AND MURDER AT WASHINGTON. [[/bold]]

| WASHINGTON, May 22, 1854. :|

Near the hour of midnight last evening, one of the most diabolical conspiracies against the life of a pure and virtuous female that was ever concocted, was consummated amidst the fiendish bacchanalian exultations of her professed but faithless friends, and under the mourning eye of those who had striven hard and long to avert the villanous stab of the faithless assassins.

The conspiracy has been concocting for many years, but it was not until the last few months that the precise mode of assassination had been agreed upon. Prior
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[[fourth column]]
to the last general election, the parties engaged in this nefarious plot against the beautiful goddess, Liberty, (for the victim is no less a personage,) it was agreed that freedom of speech among her friends was most likely to perpetuate her existence, and under a cry of 'peace, peace, when there was no peace,' they agreed to [[italics]] stop the mouths [[/italics]] of her truest friends. As the plot went on, however, it was discovered that the beauty of her person and the fascinations of her virtues were gradually gaining for her numerous friends. The first step taken was to set up a specious goddess, whom they called 'Popular Sovereignty,' trying to delude the friends of Liberty into the belief that this was the offspring of their favorite. Freedom of speech was again permitted, to enable these professed patriots to disseminate their vile and insidious slanders upon the true friends of their intended victim, and to establish their own idol on the throne, and in the estimation of the people.

The character of this rival to Liberty can be best described as the daughter of infamy and oppression. So far from being what her name implies, she is intended to exercise a power which is in direct violation of the rights of man--ruling with force and fraud those who do not happen to have the power to extricate themselves from oppression and servile bondage. The object of the conspiracy was to destroy the life of Liberty, so that her influence could not be felt in the vast territories of the United States, and in order that oppression, under the guise of 'Popular Sovereignty,' might rule in the land.

After the conspirators, (the leader of whom was one Stephen Arnold, aided by an old Colonel who was well adapted to consummate the last deed of infamy which was accomplished last night,) had succeeded in raising sufficient accomplices, by their bribes and sophistry, to enable them to perpetrate this diabolical murder, they determined to resort to their former plan of gagging the mouths of the friends of Liberty. In their first attempt, they failed, in consequence of the stern opposition, for thirty-six hours, of their opponents. Through the inadvertency, however, of some of those who were believed to be the friends of Liberty, the conspirators succeeded by a stratagem in deferring the commission of their foul deed until they got more completely organized, under the pretence of giving a longer time to the friends of Liberty to speak in her favor. Although they had given her friends permission to defend her, and, if possible, preserve her by efforts of five minutes each until to-morrow, [Wednesday,] fearing this liberty might secure the overthrow of their schemes, they determined to resort to means the most unusual and unexpected, by which to stop this slight privilege or right of defence to the prisoner, and thereby to leave not only Liberty herself dumb, but to deprive all her friends of the opportunity of speaking in her behalf. Under these circumstances, whenever any friend endeavored to speak for her, he was met by the cry of 'Question, question,' 'Order, 'order,' &c., which, being interpreted, signify 'Crucify her,' 'crucify her.'

As this was going on, the fire-bell began to ring, and flashes of light were seen. The conspirators, in consideration of the deed they were about to perpetrate, trembled with fear, that the just vengeance of Heaven was about to arrest their iniquity by a conflagration of the building they were about to desecrate, and which their fathers had dedicated to the very goddess they had met to destroy. The alarm, however, being considered a fire at a distance, and this fact being ascertained, they went on with the mock-trial to which they had pledged themselves. Having overruled the customary course of law and debate, thus shutting up the mouths of her friends, they determined to execute the unoffending prisoner that very night, and, amidst scenes of beastly intoxication and fiendish exultation, Liberty, the fairest goddess that ever blessed earth with her smiles, and filled heaven with gladness, was cruelly betrayed by men who professed to be her disciples, and stabbed by those who had sold themselves to the oppressors, and became the tools of a powerful and treacherous crew of slave-breeders, and those who sell their offspring for gold.

Some of the most sanguine apostles of the lamented victim believe that she will rise again. But this is considered a fanatical idea.

It is proposed to bury the corpse on the plains of Nebraska or Kansas, while it is intended that thousands of unoffending victims and slaves shall follow in the train, with their hands chained and their hearts sad. There is some rumor however, that they will be met by a large concourse of fanatics,--followers of their murdered friend--who will endeavor to raise her again to life. These people believe, that if not present in the flesh, she will be in the spirit, and that she will ultimately enable them to 'open the prison doors to them that are bound,' and to 'let the oppressed go free.'

We may say, that the number of conspirators ostensibly engaged, and who signified their assent, was 113; whilst the number of friends to Liberty was 100. It is well known, however, that besides the 113, there were individuals holding office and patronage in their hands, who were the principal instigators of this notorious plot, and who were even present on this occasion to overawe by their presence any timid conspirator who might be weak enough to allow conscience for one moment to influence his action, and deter him from committing the deed of infamy.

[[bold]] [[double dividing line]]

DECISION OF COMMISSIONER LORING. [[/gold]]

The issue between the parties arises under the U.S. statute of 1850, and for the respondent it is urged that the statute is unconstitutional. Whenever this objection is made, it becomes necessary to recur to the purpose of the statute. It purports to carry into execution the provision of the constitution, which provides for the extradition of persons held to service or labor in one State, and escaping into another. It is applicable, and applied alike to bond and free--to the apprentice and the slave; and in reference to both, its purpose, provisions and processes are the same.

The arrest of the fugitive is a ministerial, and not a judicial act, and the nature of the act is not altered by the means employed for its accomplishment. When an officer arrests a fugitive from justice or a party accused, the officer must determine the identity, and use his discretion and information for the purpose. When an arrest is made under this statute, the means of determining the identity are prescribed by the statute, but when the means are used and the act done, it is still a ministerial act. The statute only substitutes the means it provides for the discretion of an arresting officer, and thus gives to the fugitive from service a much better protection than a fugitive from justice can claim under any law.

If extradition is the only purpose of the statute, and the determination of the identity is the only purpose of these proceedings under it, it seems to me that the objection of unconstitutionality to the statute, because it does not furnish a jury trial, to the fugitive, is answered.

There is no provision in the constitution requiring the identity of the person to be arrested should be determined by a jury. It has never been claimed for apprentices, nor fugitives from justice, and if it does not belong to them, it does not belong to the respondent. And if extradition is a ministerial act, then to substitute in its performance, for the discretion of an arresting officer, the discretion of a commissioner instructed by testimony under oath, seems scarcely to reach to a grant of judicial power, within the meaning of the United States constitution. And it is certain that if the power given to and used by the commissioners of the United States courts under the statute is unconstitutional--then so was the power given to and used by magistrates of counties, cities and towns, by the act of 1793.

These all were commissioners of the United States--the powers they used under the statute were not derived from the laws of their respective states, but from the statute of the United States. They were commissioned by that, and that alone. They were commissioned by the class, instead of individually and by name, and in this respect the only difference that I can see between the acts of 1793 and 1850, is, that the latter reduced the number of appointees, and confined the appointment to those who, by their professional training, should be competent to the performance of their duties, and
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[[fifth column]]
who bring to them the certificates of the highest judicial tribunals of the land.

It is said the statute is unconstitutional, because it gives to the record of the court of Virginia an effect beyond its constitutional effect. The first section of the fourth artice [sic] of the constitution is directory only on the state power and as to the state courts, and does not seek to limit the control of Congress over the tribunals of the United States, or the proceedings therein. Then, in that article, the terms 'records and judicial proceedings' refer to such inter-parties, and of necessity can have no application to proceedings avowed [[italics]] ex-parte. [[/italics]] Then if the first section includes the record, it expressly declares as to 'records and judicial proceedings,' that congress shall prescribe [[italics]] 'the effect thereof,' [[/italics]] and this express power would seem to be precisely the power that Congress has used in the statute of 1850.

Other constitutional objections have been urged here which have been adjudged and re-adjudged by the Courts of the United States, and of many of the states, and the decisions of these tribunals absolve me from considering the same questions further than to apply to them the determination of the supreme court of this state in Simms' case, 7 Cushing, 309th page, that they 'are settled by a course of legal decisions which we are bound to respect, and which we regard as binding and conclusive on the court.'

But a special objection has been raised to the record, that it describes the escape as [[italics]] from [[/italics]] the state of Virginia, and omits to describe it as [[italics]] into another state [[/italics]], in the words and substance of the constitution. But in this, the record follows the 10th section of the statute of 1850, and the context of the section confines its action to cases of escape from one state, &c., into another, and is therefore in practical action and extent strictly conformable to the constitution.

This statute has been decided to be constitutional by the unanimous opinion of the judges of the supreme court in Massachusetts, in the fullest argument and the matures deliberation, and to be the law of Massachusetts as well as, and because it is a constitutional law of the U.S., and the wise words of our reverend chief justice in that case, 7 Cushing 318, may well be repeated now, and remembered always. The chief justice says--

'Slavery was not created, established or perpetuated by the constitution. It existed before--it would have existed if the constitution had not been made. The framers of the constitution could not abrogate slavery, or the rights claimed under it. They took it as they found it, and regulated it to a limited extent. The constitution, therefore, is not responsible for the origin or continuance of slavery--the provision it contains was the best adjustment which could be made of conflicting rights and claims, and was absolutely necessary to effect what may now be considered as the general pacification by which harmony and peace should take the place of violence and war. These were the circumstances, and this is the spirit in which the constitution was made. The regulation of slavery, so far as to prohibit states by law from harboring fugitive slaves, was an essential element in its formation, and the union intended to be established by it was essentially necessary to the peace, happiness and highest prosperity of all the states. In this spirit, and with these views steadily in prospect, it seems to be the duty of all judges and magistrates to expound and apply these provisions in the constitution and laws of the United States, and in this spirit it behoves [sic] all persons bound to obey the laws of the United States to consider and regard them.'

It is said that the statute, if constitutional, is wicked and cruel. The like charges were brought against the act of 1793; and C. J. Parker, of Massachusetts, made the answer which C. J. Shaw cites and approves, viz: 'Whether the statute is a harsh one or not, is not for us to determine.'

It is said that the statute is so cruel and wicked, that it should not be executed by good men. Then into what hands shall the administration fall, and in its administration what is to be the protection of the unfortunate men who are brought within its operation? Will those who call the statute merciless commit it to a merciless judge?

If the statute involves that right, which for us makes life sweet, and the want of which makes life a misfortune, shall its administration be confined to those who are reckless of that right in others, or ignorant or careless of the means given for its legal defence, or dishonest in their use? If any men wish this, they are more cruel and wicked than the statute, for they would strip from the fugitive the best security, and every alleviation the statute leaves him.

As I think the statute is constitutional, it remains for me now to apply it to the facts of the case.

The facts to be proved by the claimant are three:

1. That Anthony Burns owed him service in Virginia.

2. That Anthony Burns escaped from that service.

These facts he has proved by the record which the statute, section 10, declares 'shall be held, and taken to be full and [[italics]] conclusive [[/italics]] evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned.'

Thus these two facts are removed entirely and absolutely from my jurisdiction, and I am entirely and absolutely precluded from applying any evidence to them. If, therefore, there is in the case evidence capable of such application, I cannot make it.

The 3d fact is, the identity of the party before me, with the Anthony Burns mentioned in the record.

This identity is the only question I have a right to consider. To this, and to this alone, I am to apply the evidence; and the question whether the respondent was in Virginia or Massachusetts at a certain time, is material only as it is evidence on the point of identity. So the parties have used it, and the testimony of the complainant being that the Anthony Burns of the record was in Virginia on the 19th of March last, the evidence of the respondent has been offered to show that he was in Massachusetts on or about the first of March last, and thereafter till now.

The testimony of the claimant is from a single witness, and he standing in circumstances which would necessarily bias the fairest mind--but other imputation than this has not been offered against him, and from any thing that has appeared before me, cannot be--his means of knowledge are personal, direct, and qualify him to testify confidently; and he has done so.

The testimony on the part of the respondent is from many witnesses whose integrity is admitted, and to whom no imputation of bias can be attached by the evidence in the case, and whose means of knowledge are personal and direct, but in my opinion less full and complete than those of Mr. Brent.

Then between the testimony of the claimant and respondent, there is a conflict, complete and irreconcilable, on the question of identity. Such a conflict of testimony is not unprecedented nor uncommon in judicial proceedings, and the trial of Dr. Webster furnished a memorable instance of it.

The question now is, whether there is other evidence in this case which will determine this conflict. In every case of disputed identity there is one person always whose knowledge is perfect and positive, and whose testimony is not within the reach of error, and that is the person whose identity is questioned, and such this case affords. The evidence is of the conversation which took place between Burns and the claimant on the night of the arrest.

When the complainant entered the room where Burns was, Burns saluted him, and by his Christian name--'How do you do, Master Charles?' He saluted Mr. Brent also, and by his [[italics]] Christian name [[/italics]]--'How do you do, Master Williams?' (To the appellation 'Master,' I give no weight.)

Col. Suttle said, 'How came you here?' Burns said an accident had happened to him--that he was working down at Roberts's, on board a vessel--got tired and went to sleep, and was carried off in the vessel.

Mr. S.--Anthony, did I ever whip you?

B.--No, sir.

Mr. S.--Did I ever hire you out anywhere where you did not wish to go?

B.--No, sir.

Mr. S.--Have you ever asked me for money that I did not give it to you?

B.--No, sir.

Mr. S.--When you were sick, did I not prepare you a bed in my own house, and put you upon it, and nurse you?

B.--Yes, sir.

Something was said about going back. He was asked if he was willing to go back and he said--Yes, he was.
[[/fifth column]]

[[sixth column]]
This was the testimony of Mr. Brent. That a conversation took place was confirmed by the testimony of Caleb Page, who was present, and added the remark that Burns said he did not come in Captain Snow's vessel. The cross-examination of Brent showed that Col. Suttle said--'I make you no promises, and I make you no threats.'

To me this evidence, when applied to the question of identity, confirms and establishes the testimony of Mr. Brent in its conflict with that offered on the part of the respondent, and then on the whole testimony my mind is satisfied beyond a reasonable doubt of the identity of the respondent with the Anthony Burns named in the record.

It was objected that this conversation was in the nature of admissions; and that, too, by a man stupefied by circumstances and fear, and these considerations would have weight had the admission been used to establish the truth of the matters to which they referred to--i.e., the usage, the giving of money, nursing, &c.; but they were used for no such purpose, but only as evidence in reference to identity. Had they been procured by hope or fear, they would have been inadmissible; but of that I considered there was no evidence.

On the law and facts of the case, I consider the claimant entitled to the certificate from me which he claims.

[[bold]] [[double line across column]] [[/bold]]

|: MOTORPATHIC CARD. :|

Dr. H. HALSTED, formerly of Halsted Hill, Rochester, N.Y., well known as the author of the system of Motorpathy, and by his great success in the cur- of chronic and female diseases, has recently purchased and removed to the celebrated ROUND HILL WATER-CURE RETREAT, at Northampton, Mass., where, with improved facilities, he will continue the practice of his peculiar system, in connection with the Hydropathic Treatment.

Dr. H. was one of the earliest advocates, and has been and still is one of the most successful practitioners of the Water-Cure system. Nevertheless, in the treatment of Chronic Diseases, and especially those incident to Woman, experience has taught him that MOTORPATHY, combined with the Water-Cure Treatment, is in all cases much more effectual, and will restore many patients who are beyond the reach of Hydropathy alone. This has been made apparent in the cure of very many nervous and spinal affections heretofore unreached, and of Dyspepsia and Paralysis, and the numerous and complicated diseases of the liver and kidneys.

Dr. H. is confident in saying, that in many long standing diseases, Motorpathy is the only available remedy. More than seven thousand persons have ben successfully treated in his former Institution; and, with the improved facilities of Round Hill, Dr. H. looks forward to increased success. Physicians are respectfully invited to call, and test for themselves the merit of his system.

As a summer retreat for the friends of patients or others seeking relaxation or pleasure, Round Hill stands alone and unrivalled. Its mountain air, limpid water and delightful scenery have given it a world-wide reputation.

His former Institution at Rochester is for sale. His work on Motorpathy can be obtained by remitting ten postage stamps.
Address H. HALSTED, M D.,
| Round Hill, Northampton, Mass. :|
April 28. 3m

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THIS Institution is under the medical direction of Dr. SETH ROGERS, and is well arranged for treatment, at all seasons

TERMS.--Usually from $7 to $9 per week. For treatment without board, $3 to $4 per week.

Office hours from 2 to 4, P.M.

April 14.

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|: [[bold]] CAPE COD :|
|: WATER-CURE. [[/bold]] :|

AN Establishment of this character is commencing at Harwich, under the direction of GILBERT SMITH, Proprietor, W. FELCH, Physician, and Miss ELLEN M. SMITH, Assistant.

Miss Smith is a young lady of medical education; and Dr. Felch has, for many years, been extensively known as a popular teacher of the whole Science of Man, and a successful Practitioner of the Natural Treatment of Disease, (the Hydropathic in concurrence with the Mesmeric.)

Several patients can board in Capt. Smith's family, in a pleasant, rural, healthful location, within a mile of the sea shore on Vineyard Sound.

Terms, from $6 per week to $9. Address, Dr. W. FELCH, Harwich Port, Mass.

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|: [[bold]] DR. NICHOLS'S NEW WORK ON MAR- :|
|: RIAGE. [[/bold]] :|

MARRIAGE: its History, Character, and Results; its Sanctities and its Profanities; its Science and its Facts. Demonstrating its influence, as a civilized institution, on the happiness of the Individual and the Progress of the Race. By T. L. Nichols, M.D., and Mrs. Mary S. Gove Nichols. Price $1. Just published and for sale buy BELA MARSH, 15 Franklin st.
March 3. 3m

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|: THE BIBLE DISCUSSION. :|

FOR sale at the Liberator Office, 21 Cornhill, and bhy Bela Marsh, 15 Franklin street, the 'Great Discussion on the Origin, Character and Tendency of the Bible, between Rev. J. F. Berg, D. D., of Philadelphia, and Joseph Barker, of Ohio, in January last.' Price, 31 cts. single--$1.00 for 4 copies.

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THE RELIGION OF MANHOOD: or, The Age of Thought. By Dr. J. H. Robinson. Price, 50 cts.

[[italics]] The Philosophy of Creation: [[/italics]] unfolding the Laws of the Progressive Development of Nature, and embracing the Philosophy of Man, Spirit, and the Spirit World. By Thomas Paine, through the hand of Horace G. Wood, Medium. Price, 38 cents.

[[italics]] Free Thoughts concerning Religion: [[/italics]] or, Nature versus Theology. By Andrew Jackson Davis. 15 cts. Just published and for sale by BELA MARSH, No. 15 Franklin street. | April 14. :|

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STILL continue in successful operation; and having been recently refitted and improved by the addition of a large northern sky-light, (the only one of the kind in the city,) the proprietors feel confident that they can now offer inducements unsurpassed, if no unequalled, elsewhere.

No person is expected to take a likeness that is not perfectly satisfactory.

Remember the old place, [[image: hand pointing right]] 36 Washington street, near Cornhill.

May 26. |: 4m. :|

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[[bold]] |: REV. THEODORE PARKER'S GREAT SER- :|
|: MON ON THE NEBRASKA QUESTION, :| [[/bold]]

JUST published and for sale at the Anti-Slavery Office, and at the [[italics]] Commonwealth [[/italics]] Office.

Also, for sale at the Anti-Slavery Office, 'An Address delivered in the Broadway Tabernacle, New York, Feb. 24, 1854, by William Lloyd Garrison.' Price, 6 cents, single--60 cents per dozen--$1 00 for 15 copies.

March 17.

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|: [[bold]] VALUABLE PAMPHLET. [[/bold]] :|

FOR sale at the Anti-Slavery Office, 21 Cornhill, the 'Proceedings of the National Women's Rights Convention, held at Cleveland, Ohio, on Wednesday, Thursday and Friday, Oct. 5th, 6th, and 7th, 1853. Phonographically reported by T. C. Leland, of New York City.' It is a handsomely printed pamphlet, making 174 large octavo pages; and contains the speeches of Lucretia Mott, Lucy Stone, Antoinette L. Brown, Ernestine L. Rose, Caroline M. Severance, Abby Kelley Foster, Emma R. Coe, Frances D. Gage, Wm. Lloyd Garrison, Joseph Barker, Charles C. Burleigh, Stephen S. Foster, H. B. Blackwell, Pres. Mahan, Rev. Mr. Nevin, &c. &c.

[[line across column]]

|: [[bold]] PORTRAIT OF MR. GARRISON. [[/bold]] :|

THOSE who would secure early and good impressions should engage them without delay. A few proof copies remain, at $1 25 each. The others are offered at $1.

Persons at a distance can have them safely enveloped and mailed for eight cents, [[italics]] if pre-paid. [[/italics]]

Frames can be furnished to order, including oval and square. Gilt and dark wood at prices varying from $1 25 to $5 00, and upwards.

The approaching New England Anti-Slavery Convention will afford the friends a fitting opportunity to avail themselves of the long-hoped-for faithful portrait of the great anti-slavery Pioneer.

Apply to | WM. C. NELL, :|
May 20. | 21 Cornhill. :|
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Transcription Notes:
please note what column you start and stop in @AnneTeak