Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1849-04-05

D.
his tsr sisles siae elolS riik kidl1prer. thtss /
and Nie14 e Feif LLgs&l4. Sci i he SPIN
q no11Iar th0Idng lesl8afi0nl
The AZ 1ectjo1 i in accordance viii Ne iess.-
iation q Vermont Maszaehuscils AID khooe l.l.so.
and fDrhids Al Of Der judicial 0ccIs = s1eene I1s
aci q coherlss q he t7lk q FcEFuzEy, III
eSnf a T'krE II .ny rzrsu1 " persons Ginning
any neEro o. mnlao - fugitive nom ss.s-ens y
lslor hall s-e e.y g.s.ss 9 .-1,s npon and
earrv away 10 any place. o. a1emr 70 seize and
carry away In : riofous. violent lunultuous anu
unreasonable manner and 20 asi DISTURB % enaan-
ser de psblIs gs,ss az nss.S ~ = = , 49, 4.
leniIon Of taking such negro o. muiano ptloIe any
dislrIrf 81 eIrruif ndge de prrson or persons 50
o6tnding against de peace q this Commonw sahn.
shall Be seemed gaily q = misdemeanor, ana %
couvicfion thereof beore any corr Of quarter So
sIons of dis monuealih. shah Be senteneed ~
sueh court % paF fine Of not less than one hundred
dollar, por more than one thousand collars with
costs Of prosecution; and fnrher, 70 be conhned IN
the county jail for any period Al the discretion o. The
courr MOI exceeding three months
II Is impossible 70 wink 80 hard - not 70 see
through the veil which covers Ibis penal
section The pretended object of>the section is TO
preserve die public peace IL real object Is 70 make
highly penal the exercise by the southern szyehode
within he limits Of Pennsylvania Of his undoubted
and adjudicacd constitutional rights. ltpointS out
10 the fanatic and abolitoniS easy mode ftefeat-
ing BY the use Of iitile wholesome vielencc. any
hiIempf By siave owner 10 reclaim his fugitive
slave The owner Of the slave under the authority
of the constitution and the act Of Congress attempts
10 seize him Or in fact has seized him. in order To-
take him heidrc Judge Of Of the federal courts
In the actual state 0[pnbic opinion in Pennsylvania
such an attempt cannot be made without pr5dpciBs
an assembage OF abolitionists fugitive slayes and
others aciuaied by hostile feelings Under such cir
eumstances. nothing Is easier than 10 prodnee tu-
multuous and Fiofous movement A breach Of the
peace ensues. The slave Is rescued and conveyed
t1a place Of safefy while the owner Is arrested on
the charge Of having attempted TO seize his slave or
OF having actually seized him. I'm violent. rioious
and tumultuous manner The prosecution may
pbsstg result in the acqniuai Of the slave owner;
hut In the meantime his slave has escaped, and the
true object Of the fourth section Is attained.
The ft1 section gives 10 the judges Of that State
the authority award legal process 10 take the slave
from the possession and custody Of his master whilst
il denies 10 the judges all authority TO inter-
pose on behalf Of the owner in The recovery of his
properly.
The sirn section forbids, under heavy penalties,
the use Of the public lails If the State 10 preserve the
properly Of the master from the violence Of ire
spolsble mobs whilst il opens these same jals as
secure refuge TO the slave from the dema6d Of the
But this Disgusting Ind revolving exhibition Of
faitbless and Unconstitutional legislation must now
Be brought 10 close. Il may be sufficient 10 remark
thatthe same embittered feeling against the rights
"
now marks almost without exception, the legislation
Of. every nonslavehOlding STATE Of the Union, So
far therefore, as rights depend upon the aid and
CO operation Of Stale officers and State legislation
we are wholly without remedy or relief.
This committee was directed 10 enquire how far
the existing lcgislation under the third clause of
the second section Of the fourth article Of the
slituon, ful6is the intent and object Of that instiu
ment, in nfording an adequate remedy for the re-
capture Of slaves ascending from this State 10 The
MISUNDERSTANDING States Of this coDiederacy
The only provisions 80 far made by Congress to
carry into effect This guaranty Of the constitution.
are 10 be found 10 the 81 and lth sections Of act
passed on the I2ih OF February 1873. These sec
lions are 10 the following language:
.SEcr. j. That when a person held 10 labor in
any Of the United States in either OF the terri
tories on the Northwest or South Of The river Ohio
under the l9vs thereof shall escape into any other
Of the said States or tertiary, the person TO whom
sr-...sesE be due his agent or atior-
any magistrate Of county, civ or town coTnoFaie
wherein such seizure or arrest shall Be made and
/ upon ProoEsio The satisfaction Of such Judge or
magistrate efther By oral testimony or affidavit IA.
Ken before and certified By magistrate Of any such
STATE orlerrpTy that the person seized or arrest
Cd DOTH under ihel laws ofthe State or territory fom
which he or she fled service or labor 10 the per-
sson claiming him her il shall be the duty ofSuch
ldSge or magistrate 10 give certificate thereof 10
such claimant has agent OF attorney which shall be
sufficient warrant for removing the said fugitive
from labor TO the Stale or territory from which be or
she fed 97
4sEcr4. That any person who shah knowingly
ara willingly obstTnct or hinder such claimant his
agent or attorney, IN selling or arrng such fl
gitive from labor or shall rescue such fugitive from
such claimant, his agent or Attorney when so ar.
rested pursuant 10 the authority herein given or de-
eiaredi eSshall harsor or conceal such person af.
Ter notice thai he OF she was afrslive from labor
as Aforesaid shall for either of the said offences
lorieitand pay the sum OF five hundred dollars
II has already been remarked that this law did MOI
result from any complaint upon The part OF The
South that attheperod Of its passage the cons;i-
union ITSELF found selfsuihcng efficacy in The
good faith, the integrity and Tie patriotism OF the
northern peopleS and that its existence upon the
Statute book is to be ascrbed solely 10 It's Incidental
connection with KINDRED provision in the cunstitu-
on oswhich remedial Legislation was at that time
deemed necessary. Passed under such circum-
stances II could scarcely be possess the
requisite energy TO reach the intensity and extent Of
thatevi which threatens such disastrous conse-
quences TO the Union. Besides the founders Of oar
government many OF whom were members of the
second Congress. knowing how essential good faith
was 10 the stability OF their mighty structure and
believing than every consideration .of selfinerest
of sound policy and Of constitutional obligation
would urge the northern States 10 a faithful execn.
tion OF this clause in the compact committee the
most Of IL high functions TO State officers and TO
Stale agents Il Is supernuous 10 saw after ihede-
tails which have been presented In this report how
groundless has proved the confidence that was ne
posed in the patriotism and good faith Of the non-
siaveholdihg States, and how worthless aud made
qnaie has the remedy provided BY the law OF Con-
gfess proved In the mild but expressive language
Of the Chief Justice al the United States the sct
a remedy
Il Is true that act does enable the owner Of a
slave, under certain circumstances. 10 apply 20 4
district circuit Judge Of The United States: bnt
when u Is recolecied that in many Of The States
there Is but one district judge and that there are
but Hine States which have Judges Of the Supreme
Court residing in them; and when we farther ex-
anime The other provisions Of The law we shall see
since the withdrawal OF Stale support, IN The Ian
gnagc Of Chief Justice TaBey 'Aeir ;asfscsnal and
delsssre IS Ae gcstefy prvsiaed tg CsagreSs7
. rms law doesnot authorize the Judge to Issue
wafran. 70 arrestShe Iugtire; il does na authorize
demand BY the slave owner upon The services OF |
the marShalOr any other ministerial Officer Of he
FEDERAL government. Before the Law can operate nj
all, zoe master, always OF necessity stranger
must 50 into free STATE. seize his slave without
ierm Or process Of law, and unaccompanied by a
Of fanatical and iniuIiascd population, perhaps
nom The centre or fxtFepiies &c ale sssase dis
lance OF twosar lhfee hundred miIes 10 ire rlsce
where the Judge sgay happen 10 reside, before he
ean pave any legFs6 Judicial action in his case;
md suppose that be Ead passed through he almost
lnsuperable barriers Incident 10 such an under /
ak'ng, aud bad succeeded IN bringing his slave BE-
re the Judge and had obtained the certificate which
ae lsw pFesciioes there Is provision Ia thatlaw
y which the Judgment can Be enforced. OF the pow
Z o .ne naiionai government be invoked. through
= maTshals and officers, 70 sustain the rights Of
'foPeriy thus adiadic1ied IN his fsvor.
Fortunately We are mol without The highest iudi-
gal exposition Of the extent and character Of our
sgnts, and Of The solemn duties and obligations Z
INCH desoise upon Congress AZ The present mo-
The Supreme Cont q The Uniisd Sia,es.s Ia he
ase 81 Prieg =. he State Of Pennsrlyania. thus
ennes he rights q The Slave owner under that arii-
L Of The constitution $50 . Is s7','T !. 81
The clause manilez.lr tnnicmnlales ii. exis,- h