Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-03-28
FUGITIVE SLAVES.

We mentioned yesterday, the fact that Gov.
Johnston, of Pennsylvania, had transmitted to the
Legislature of that State, special message in re-
ference to the resolutions of Virginia and Georgia
on the slavery question. His remarks concern
ing the rendition of fugitive slaves present rather
a peculiar view, and one which is especially wor-
thy of Southern notice, as Pennsylvania is the
State which has perhaps gone farthest in repudi-
ating the obligation of the constitu ton.
The Governor reviews the legislation of his
State on this subject, and very ingenously endea-
YOURS to show that its purpose has been to respect
the constitutional obligation for the extradition of
fugitives from abour, consistently with a proper
regard to the right of every really free person to
havethe question of his freedom fairly tried The
Pennsylvania act of 1926, passed. it seems, at the
instance of the State of Maryland, provided, he
alleged fugitive until the owner could obtain proof
of his former condition, "but it required other
proof of this fact than the oath of the interested
claimant or his agent or attorney" The statute
also contained guards intended to preserve the Ii
berty of free man, and these guards Gov. J. adj
mits, would 'cause some trouble in procuring the
final extradition of the fugitive slave.' These
guards, or "restaints" rather Gas the Governor
afterwards calls them) ''upon the claimants power
to remove the alleged fugitive" were determined
Eve believe unanimously by the Supreme Court,
in the case of Prgg VS.. the Commonwealth of
Pennsylvania. to be unconstitutional
"Ths decision, (says Gov j. left to the master the
in oil
authorized him to seize and remove the Individual who
he alleged his property and to for that purpose
the official power OF the State without permittingt her
the right to control and regulate the manner of the pro-
cedure, to determine he truth and justice of the al
legged claim ltestabshed the principle that stranger
to the soil OF Pennsy might enter upon it, and by
possibility lnct the deepest injury upon her sovereign
w. by the abduction OF her citizens under false preences
The supreme udicature having decided the question:
our law abiding citizens submitted but with the deter
mmaton that the spirit OF that decson the officers Of
this commonwealth should not be made the instruments
even by possibility, such slight foundations as a
claimants Interested demand, of enslaving free
prevent this great possible wrong, the act of Sd
of March, 1887 repeating all legislation the subject,
and tobddng the officers of the State take any part
in the recapture OF such alleged fugves, enacted.
The constitutional provision and the act of Congress,
State has endeavored to carry into full effect She
has denied, and it hoped will deny the power of
Congress impose the performance of duties upon her
municipal and Judicial officers without her consent
Z" An act of Congress providing mode of procuring
due proof OF the correctness OF the claim OF the repued
owner of fugitive from labor and requiring sasfac-
tory evidence from dsnterested parties OF the former
condition OF the person claimed would receive the
ton Of our citizens and their cooperation in carrying
into effect N enactment would satisfy the citizens OF
Pennsylvania that failed to require strict proof OF the
right of the master
" In this recital of her legislative history it is mpossi-
BILE to discover wherein the commonwealth has been
faithful to the national constitution"
If the last paragraph but one truly represents
the feeling of the people Of Pennsylvania, we
should think it not impossible for Congress to pass
law which would not only purport to carry out
the constitutional requirement, but would really
have that effect The great injury, of which the
Southern States complain, consists in the fact that
when slave escapes to a Free State, presump-
ton of his freedom is raised and acted upon by the
courts and people, which gives the owner no op-
portunty to reclaim him. According to the plain
meaning of the constitution, the fugitive slave
should be delivered up, on prima tacie evidence of
his servitude, just as fugitive from justice is de-
livered up. But the fact is notorious, that the
people of Pennsylvania and other Northern States
NOT only decline to aid the exradition of fugitive
slave, but actively aid his escape. 1t is bootess
for Gov. Johnston to tell us of Pennsylvania's de-
sire to respect the constitution so long as this is
the