Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-01


that particularly was this sensibty to be found
in the State of Pennsylvania, where 1t aas car
ried Ia a very great extent. In party times,
he would suppose that's party in PsnnsyiVaa.a
rallied on this great principle. Pennsylvania
was covered over with jealous and highly sespec-
table abolition societies. He would suppose
that PENNSYLVANIA carried these feelings to such
al extent, a, to pass a law to nuliity this clause
in the constitution. He stated that he had. in
the judicial sta,ionwhich hehad occupied ,hadcases
brou.h before hun inwhch he had felt IL 10 be ex-
tremely difficult to keep down this feeling. Ii
had been even contended before him, that the
pursuit of the slave by his owner into that State.
was an unconstitutional act. He would suppose
that Pennsylvania was to pass q Law, declaring.
that the moment save sets font on her soil, he
shall be at once elevated to thet rank and priv.
Ieges o. a freeman. and that thus she should
nulify the clause in the constitution on this point
1t would be deemed very hard by the South.
ern gentlemen that they could not try the qnes.
tlon of the cons,iiuiouaIiy OF that law before The
Supreme Court And if the State % Pennsyva-
MIA were to pass law Imposing fine Of 10000
dollars and five years imPIi onment on any ow-
ner of slave found IN pursuit % !Iiu. aud that
her jurors and Judges are all sworn 10 gard This
law, he would ask whether the Unitea States
Courts could not have Jurisdiction in this mat.
ter. The power Of the Judiciary would he entire
~ nugatury if it could be evaded by throwing
the case into the furm Of criminal proceeding. -
lie referred the Senate to the G. ses NJ tbeCnit-d
States VS.. Moor sac anch p l59,"here IT was adj
mltled that Congress might give The power; and
to that Of Marin v. Hunters Lessee. Nhea.
ton p 550-l, where it was admitted that crimi-
nal the strongest cases.
The forth section of the bill was merely mat.
ter oil form There was no constitutional principle
invoked in il. 1t only authorized the Courts OF
the United States to supply the want OF a copy
of the record. Ii was attended to obviate the
difficulty which was likely To arise from the novel
pruvisipn continued IN the 8lh section Of the
Rep!evin Law of South Carolina, which makes
it penal in the Clerk TO furnish such record -
This provision did not me,ldIe with the penalty
of the Clerk Of the State Court, bat contents it.
self with pro, irling means to supplying deficiency.
The fifth section authorizes the employment Of
military force under extraordinary cir umstances
too pow erful TO be overcome w,fout sue, agency
and to be preceded by the Pr camation of thr,
President. What he had already sand had re.
ference also to this section of the bill He would
nov merely refer the Senate to some precedcnts
The first precedent which he would notice was
to b. found in the Act Of May Cd. 1892 vol. 9.
p. 2S4. repealed by the Art of Feb 2S, 1895,
renewing the power 10 call forh the militia,
which Act was still IN fnrce. This law grew out
Of the Western resurrection in Pennsy lvania-
Like the present till, although it vas merely in.
tended to meet that exigency. it was so framed
S to continue in force. 81 The bill under con.
sderatoH, although il had special reference to 5.
Carolina, pointed NOT to her alone. IF the opp0.
siton to the laws shonid extend itself. and the
nI ,lI .nh,I b,h, al
ther ~ the South or the North, the general prln.
cpes of the bill would b. equal, applicable. -
1t aas az amendment Of our code of laws to
which the attention of Congress had now been
called, and which was rendered immediately ne.
cessary by the peculiarly Of our present silua
tion
The second precedent TO which he would in.
.ir the attention Of the Senate vas the act of the
Sd ot March, 1897. vol. !, p. rs. - tn suppress
instructions and 0b'irucInns to the laws and
80 To cause the laws III BE- duly executed" That
act authorized the President TO cal! out the land
and naval force to suppress Instructions, &c.-
These were the objects for which then, as in the
present bill. tins extraordinary power had been
conferred.
Another precedent would be found in the Act
of Jan. 9. 1902 sec: IL, vol 4 p 1874, to en-.
force the embargo, and which gives the power to
employ the land and naval lnrces,ln general terms
to assist the custom house officers. There was
at that moment great excitement, although no.
thing like the solemn position in which South Ca.
,o.na has aow placed herself Yet It was deem
ed expedient to confer the President this power.
He wonld now refer to the last precedent with !
which he should trouble the Senate. II so hap |
pened in the History of Pennsylvania that that !
State took from Virginia slip of land border
ing on the Allegheny and Ohio rivers. On this |
strip of land where Virginia had been accustom.
ed to exercise Jurisdiction, for which she had |
opened the titles, and where she had held her
courts, there arose an insurrection. This had |
been called the Western Insurrection. bu, it was
a singular fact that it confined to this mar
row strip Of land which Pennsy vanla took from
Virginia. The President was then authorized to
call out the Militia of the State, because thew
were not committed against the United States,
but we're willing to obey the call. The man to
whose name history has no parallel, put himself
at the head Of these tronps to qurli the nsurrec.
lion. All power was placed in his hand, by the
act of Nov "a, 1894. vol. ., p 4jl, and the