Mr. Birney's Memorial

On our first page will be fonnd a memorial to our legielature, from our devoted friend, James G. Birm,-y. Weneed not sny that it is deserving of the most attentive examination. The positton laken in tlie first part of it, chat according to the Ordinance of 1787,which is our fundamental law, the Northwestern States are under no oblÍLation to deliver up fugitives from service or lubor, escnping from any of the nao States, will be new to a portion ot our readers. It ehould jiot, howevoij be rejected on that account. If the position bs correct, the most important and salutary repulís may be anticipnted from it. The argtiments for its val'dity are here plainly oud perspicuoufly spread out. nnd challenge ínvestigation. We invite the attention of legal gentlemen, of all parties, to an exaceination of the queslion. If these views be erroneou?, they can be ensily refuted: but if correct, let them be believed ond acted out. Thesentiments advanced in this memorial will be found to be in exact accordance with those entertained by the framers of the Constittition. Had we space to day, we could easüy show, that at the time that instrument was made, it was the general expectation that no new sLve State would be admitted into the Union, and that slavery, from the ces?ation of the foreign slave-trade, and other causes, would soon die of itseJf. Many of the noblest patriots of that day,among whom were Washington and Jefferson, were disposed to hae ten this anticuated extinction of slavery by legislating for cmancipation. The practical adoption of the principies set forth in the memorial, vvould bc only fulfilling the expectations of the framers of the consiitution. The eecond position of this tnemoral, that the contract to deliver up fugitives to the Original States is not binding because it is contrary to natural justice, to humnnity, and religión, may appear stnrtling to some who have lot considered the ubject. But this view of ■he case hae long been establiehed as thefoundation of legal obligntion. Blnckstone declorcH that no human law are ofany valid,ty thnt comrovene natural justice;and Revolation expressly teaches that where tha law of God and of mtn conflict, God is tobe o bcyed rather than man. Tlie obliga; ions of cach mnn to do right to every human being are incumbent on eaeh individual, and no legislation can diminish or neutrnlize their forcc. Neither does the number of individual concerncd in doing an set, alter its moial character. A conspirncy . or agreernentor law, if you pleasc, by ivhteh fourteen millions ngree to enslave onc man, iá as inuch a violation of his right as thougli the wrong were perpeirated by a single individual. The crime is the saine whatever niimber of persons mny commit it. Suppose our Slatc Government ehnuld mnke an agrceinent to cut the tliroat of every fugilive who might escape to usfrom car to ear. Wou ld ihis ag-repmen'. be binding on us? lts inluimamty would cnusc it to be entirely disregarded. Is an ogreement to muke a alave of a man of nny more force tlmn an agreement to murder him? Is not liheity valuable to n man, as well as Hfel The frecmen of ihe free States, as a body, are beginning to regard this odious and abominable agreementin it3 tnie light; and the signs of the times indicate,thal it will soon bc repeaied or generally disregarded.