The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-27

SlAte ozIcers. from aiding TO deliver fugitive slaves
assumed the unquesionabe right Of The owner % ap,
pfehend his own slave-to take and control his own
property-and recognised, as unquesionable duty.
and courts give him their aid in the enforcement Of
this right
The legislation Of the non -sayehoding States seemed
70 have been aimed Z the first instance to break k
by another-a. alude TO the northern and eastern
Stateso however, having common tendency.
These States never seemed to think i worth while %
utonal that il was SO, however, was apparentto every
body else, and has been SO held by the highest judicial
tribunal
The legislation Of these States has been Of differ
emit character-wih but one aim. That which took place
previous to the judgment OF the Supreme Court 10 the
q r vs. and S which sSs haSs s
q Congress and IN . operation 70 defeat ass
decision has been skfuy framed to evade the force
and effect Of the judgment Its whole character has
been that OF adversary. framing its legislation with
skiiu hostility to the rghtsthe constitutional rights
o. ne States Of this Ihe se
etteand here lives the State legislation that destroyed
it. The constitution has been stationary, whilst laws have
to these 70 make remarks and %
to show how dangerous il is 10 trust to popular prejudice
when il insinuates itself into Legislative bodies and
pecaly to expose the influence OF an uncontrolled sec
tona interest
Pennsylvania passed law in ls2e-the one that was
decided to be unconstitutional in the case OF Prgg
Pennsylvania-the purport of which was that no fug
tive slave should be arrested without warrant nor dis
charged without order of judicial magistrate,
and imposed high penalties on an owner fp appehend
Mr.; COOPER. Will the senator allow me to make a
Mr.. B1TLER. With pleasure
MIR. COOPER. The law to which the senator refers
is known the law Of 1926. The passage OF that law
ers-Messrs Meredith and -, Il recollect Alright
hxyth h. ng
procure the passage Of such bill The main features Of
that bill were drafted and presented to the Legislature of
pennsylvania BY those gentemen-the commissioners of
Pennsylvania would not have enacted any such law, |
presume II y had not been upon the application OF her
sister State Of Maryland, who desired that legislation
upon the subject by the State should take place.
Mr.. BUTLER. | suppose, from what the senator
says, some law had become actually necessary for Mary
land And it seems that then Pennsylvania felt an OBJ
legation to pass some law allowing an owner to appre.
bend his fugitive under warrant But how were that
law and its true obligations regarded The case Of
details q which will be found in the report
The owner did appehend his servant under warrant,
and carried him before justice, who refused to discharge
him The defendant took the servant to Maryland; and
Tor doing So after he had been refused an order of
discharge from the magistrate, he was according to the
terms Of the law, liable 10 its penalties-to be ncarce
rated in the penitentiary, &c.
At the same time there were laws in New York and
other States prohibiting State officers from issuing
rants and giving discharges, and at the same lime regard
ing an owner as respasser who should apprehend his
fugitive without order Under such state OF legis
aton, is not difficult to see what was the fate of the
owner. One afforded remedy which the officer would
not enforce and the other refused al remedy whatever
This kind OF legislation was violation OF the cons
tuition. The other kind which shall notice is audu
lent eudson of its obligations and Of the judgment OF the
courts.
The case of Pennsylvania Us. Prgg has asserted
sound doctrine the issue before it, but has given
to pretexffor The legislation which shall have
sion to notice. and which all judicial tribunals ought to
pard Unc psfif fiona audv 0id
Mr.. DICKINSON Will the senator allow me 10 say
that the courts OF New York have pronounced the laws
alluded to unconstitutional
Mr.. BUTLER Yes, sir; it affords me real pleasure
to pay compliment to some of the judges Of New York
they have preserved the purity OF the emne and main
tanned the integrity OF the magistrate Judge Nelson
higher merit, firm Judgment on this matter. He never
allowed the judge to be lost in the facile politician when
ne was called on 70 MAINTAIN IN. ss &C. o. %
ability to vndicate it. An upright judge is the best OF
men; for under the panopy Of the law he makes weak
as
OF refuge wish could say the same OF other function
aries. wish could say il OF other functionaries Of
tcian consulting popularity. who had conscience
that took refuge in morality that above that OF
other men, and above the obligation OF the constitution OF
that he would not deliver up fugitive from Justice upon
the application Of another State, il should only appear
that he had been charged with stealing or nyegng slave
IIOm OWnct-nOluiuH, tndt ne WOuu
not regard anything felony that not regarded by
her own laws. | believe his course repudated by
his own legislature; and from the highest Judge to the
loves, psaf, he has no countenance for his sage opn
ion.
perceive have interfered with the main thread OF
my argument, and return to il
have said before, that in the OF Prgg o., Penn
sylvana, the Supreme Court had decided that all the
previous legislation referred to unconstitutional;
that judgment brought within its scope subjects that
not in ISSUE and which ought not TO be affected by
it, The true issue In the was whether owner in
savehoding State, had right TO pursue and apprehend
his runaway slave in a -saveholding State without
the authority OF warrant the discharge OF Judge
Upon this point the judges unanimous and the judg
ment OF the court most satsfactory-a judgment full OF
historical instruction the subject OF slavery as recog
missed and protected under the constitution | commend
gentlemen TO a faithful perusal Of it,
The decision is strong commentary on the adversary
legislation OF some oil the nsavehoding States and ex
poses in rebukng light the extent of the unconsttuon
aggressons those States and ought TO bea warning TO
them in the future Power fear unchecked by opposition
has no other limits than its interests or prejudices may
prescribe
Since the decision has been made the great effort has
been TO evade II, by recognising law what not ac
judgment on the only question that was decided
have alluded 10 Pennsylvania in no invidious temper
but only for illustration OF the state OF the law before
the decision in the case Of Prgg NOV refer to her
legislation, since that for the purpose. Her law
has an imposing title to guard personal liberty have it
before This law declares and provides that il any
one shall pursue and apprehend person of color, in
such way 10 be guilty of breach of the peace he
shall be subject 10 all the penalties and the high penalties