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I owe to Indiana and her governor a great debt of gratitude. In that State there is very little political abolition, and, with a strong and patriotic feeling for the Union, there is mingled a particularly fraternal kindness and affection for Kentucky. The prevailing sentiment there is for a compromise and amicable settlement of all the slavery question. The plan suggested in General Taylor's message was spoken of frequently as most acceptable, but I think they would be satisfied with Mr. Clay's bill. In my speech at Indianapolis I spoke of old Zack as the noble old patriot in whom the country might have all confidence, and, without discriminating between the various plans that had been proposed, I expressed my hope and confidence that they would result in some form of amicable adjustment. The occasion required me to avoid, as far as possible, the appearance of partisanship or party politics; but it was due to my heart to give old Zack a good word, and I did it. I felt it a duty, too, to talk right plainly to them about abolition and the mischiefs that its meddlesome and false humanity had brought and was tending to bring upon the country. I went so far as to advise those who, from tenderness of conscience about slavery, could not acquiesce in what our fathers had done, and could not reconcile themselves to the Constitution of the United States and the performance of the duties it enjoined, to quit the country, etc. All this seemed to be well received except, as I learned afterwards, by some half-dozen abolitionists out of a crowd of as many thousand. The convention is in session, and I have scarcely time to steal a moment to write to you.

Well, you have resigned. It makes me glad, and it makes me sorry; glad that you are coming back to us,-sorry, that you are leaving General Taylor. The difficulties that are surrounding him only tend to increase my sympathy and zeal for him, and I retain my confidence that the storm will rage around him in vain, and that his firm and resolute integrity and patriotism will bear him through triumphantly. There is one peril before him that is to be carefully avoided, and that is the peril of having thrown upon his administration the responsibility of defeating the bill of the committee of thirteen or any other measure of compromise. It has appeared to me that the principal questions of the slavery controversy might have been disposed of more quietly and easily on the plan recommended by the President; but the people are anxious for a settlement, and comparatively indifferent as to the exact terms, provided they embrace anything like a compromise; and it seems to me that any concession or sacrifice of opinion as to the mode ought to be made to accomplish the end. It is not necessary to enlarge upon this subject. General Taylor's message is the foundation of all their plans in this, that

it avoids the Wilmot proviso; all the rest is the mere finish of the work. My whole heart is bent on the success of General Taylor. I know that he deserves it, and believe he will achieve it. Tell Robert his little girls are gay as birds, and are continually dragging me into the garden to pull strawberries with them. I have taken poor Bob's disappointment quite to heart; but let that go. Your friend,

J. J. CRITTENDEN.

(J. J. Crittenden to A. T. Burnley.)

July 19, 1850.

DEAR BURNLEY,-I returned from Louisville last evening, where I was suddenly summoned a few days ago to attend the sick and, as was then supposed, dying bed of my son-in-law, Chapman Coleman. I left him much improved, and, as the doctors induced me to hope, out of danger, though still quite ill. This absence delayed the receipt of your telegraphic dispatches, in which you ask me if I will accept the office of Attorney-General, and say that it is important I should answer immediately. A little reflection will show you the difficulty of answering this communication with the telegraphic brevity of a "yes" or "no." Indeed, I find much of the same difficulty in responding to you in any mode. You are upon the spot, and with a nearer and better view of the condition of things. You give me no intimation of your opinions or wishes; nor do you give me to understand that the inquiry was made at the suggestion or by the authority of the President or any other official. I must therefore understand it as more an inquiry of your own, in order, perhaps, to enable you and other friends to press me more effectually for the office. If this be the object and purpose, I could not answer you affirmatively without in substance seeking the office for myself. That I am not willing to do, either in form or substance, directly or indirectly. I would not for any consideration subject myself to the imputation of endeavoring to force or solicit my way into the cabinet of Mr. Fillmore. There are stations that can be neither agreeably nor usefully occupied except by persons having the personal good will and confidence of the President. My relations with Mr. Fillmore have always been of the most agreeable and amicable character, and I hope they may continue so. It seems to me that if he pleased to desire my acceptance of the office of Attorney-General, the most proper course would be for him to tender it to me; and that the most proper and becoming course for me would be to wait till it was tendered. The tender would then be most honorable to both parties, and certainly most

gratefully received by me. I feel that before such an offer it would be indelicate in me to say that I would or would NOT accept. You will appreciate all this without any explanation, and so I shall leave the subject. There is no confidence, Burnley, that I fear to repose in you; and if it should appear to you that there is too much of reserve in this letter to be used towards an old and well-tried friend, I wish you to understand that it is intended to apply to the subject only, and to keep distinct and clear the line of conduct that I sincerely desire to pursue in relation to this matter.

My situation now is not exactly what it was when I declined an invitation to go into the cabinet of General Taylor; and to you, as my friend, my personal friend, I may say that my impression is that I should accept the office if tendered to me; but I will have no agency in seeking or getting it; nor do I wish my friends to place me in any attitude that can be construed into any such seeking; nor do I wish them to give themselves any trouble about the matter. If the offer of the office comes freely and without solicitation, then it comes honorably, and may be taken the more honorably. I think you will now understand me fully, and I have only to add that I am always your friend, J. J. CRITTENDEN.

To A. T. BURNLEY, Esq.

CHAPTER XXIX.

1850-1853.

Letter of Crittenden to his Daughter Mrs. Coleman-Entered the Cabinet of Mr, Fillmore, as Attorney-General, in 1850-Judicial Opinion as to the Constitution. ality of the Fugitive Slave Law-Eulogy upon Judge McKinley in Supreme Court-Letters.

MY

(J. J. Crittenden to his daughter A. M. Coleman.)

FRANKFORT, July 23, 1850.

Y DEAR DAUGHTER,-Doubly near and dear to me in your affliction, I do not know how to address you, or to express my sympathy in your great calamity. You will find, my child, in your own heart and in your own reflections the only real consolations. If, as I believe, this life is but a state of preparation and probation, happiest is he who, having done his duty like a man and a Christian, is soonest relieved from it. You have every reason to be assured that such is the fortunate lot of that husband of whom death has deprived you. That very excellence, which you mourn the loss of, will become a source of comfort and consolation to your heart. The death of your husband has placed you under great responsibilities, and left you many duties to perform. Turn, then, courageously to the performance of those duties, and in their performance you will find strength and consolation. You will feel, too, the high and pleasant consciousness that you are thereby best gratifying and manifesting your respect and devotion to the memory of your husband. He has enjoined it upon you to take his place in respect to your children, and to be to them as a father and mother also. You will, I know, consider this a sacred duty, and will not abandon it by giving yourself up to unavailing grief. I had intended to go to Louisville, to-morrow, to see you, but, upon consultation with Harry, it is decided to be best to postpone my visit for about a week; then, perhaps, I may be more serviceable to you than now. Your mother will prob- ably accompany me. Farewell, my dear child.

Mrs. A. M. COLEMAN.

J. J. CRITTENDEN.

After the death of General Taylor, Mr. Crittenden accepted

the office of Attorney-General, under Mr. Fillmore, appointed July 22, 1850, and remained in that office till the close of Mr. Fillmore's administration in 1853.

The following is his opinion as to the constitutionality of the fugitive slave bill, given September 18, 1850:

CONSTITUTIONALITY OF THE FUGITIVE SLAVE BILL.

The provisions of the bill, commonly called the fugitive slave bill, and which Congress have submitted to the President for his approval and signature, are not in conflict with the provisions of the Constitution in relation to the writ of habeas corpus.

The expressions used in the last clause of the sixth section, that the certificate therein alluded to "shall prevent all molestation" of the persons to whom granted, "by any process issued," etc., probably mean only what the act of 1793 meant by declaring a certificate under that act a sufficient warrant for the removal of a fugitive; and do not mean a suspension of the writ of habeas corpus. There is nothing in the act inconsistent with the Constitution, nor which is not necessary to redeem the pledge which it contains, that fugitive slaves shall be delivered upon the claim of their owners.

ATTORNEY-GENERAL'S OFFICE,
September 18, 1850.

SIR, I have had the honor to receive your note of this date, informing me that the bill, commonly called the fugitive slave bill, having passed both houses of Congress, had been submitted to you for your consideration, approval, and signature, and requesting my opinion whether the sixth section of that act, and especially the last clause of that section, conflicts with that provision of the Constitution which declares that "the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it."

It is my clear conviction that there is nothing in the last clause, nor in any part of the sixth section, nor, indeed, in any of the provisions of the act, which suspends, or was intended to suspend, the privilege of the writ of habeas corpus, or is in any manner in conflict with the Constitution.

The Constitution, in the second section of the fourth article, declares that "no person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."

It is well known and admitted, historically and judicially, that this clause of the Constitution was made for the purpose of securing to the citizens of the slaveholding States the complete ownership in their slaves, as property, in any and every State or Territory of the Union into which they might escape. (Prigg vs. Commonwealth of Pennsylvania, 16 Peters, 539.) It devolved

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