The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-28
From the Piitsburg Commercial journal
Jua.e Irwin ON sis Fugiuve-SIavs Law

listened 10 the very able charge this day delivered by your
honor to the inquest and believing, the present state Of
he public mind its publication viii be beAehcal, they
request copy for the purpose
Signed by EDWIN c. WILSON, Foreman,
And others of the grand jury
To the Hon THOMAS IRWIN,
District Judge United States.
WMnAMsPoRT, June IT, 1851.
GENTLEMEN: In compliance with your polite request
transmit you copy of my charge for publication
Very respectfully, &C., ,,
To EDWIN c. WILSON, esq,
And others of the grand jury
In THE DIsrmcr Court THE UNITED STATES for the
Western District Of PennSyUGHta' hela al NWia"iS-
port at June term, 1891.
CHARGE.
GENTLEMEN OF THE GRAND JURY; Having learned
from the District Attorney of the United States that bills
will be presented 10 you at this term Tor the VIOLA
ton of late act of Congress- respecting persons esca
ping from the service OF their masters, | have thought
It eIpeden and proper for reasons which Will readily
occur TO YOU give you in charge notice OF that
act and of the important matters connected with II, as
well 10 assist you in your duties TO make known,
through you to The people you represent The essential
the obligations which creates al this time necessary as
from information entitled to the highest respect there Is
opinions extensively prevail of The most injurious ten
dency, exciting tumut and opposition 10 Inc law IL Is
supposed by many thai ii is unconstitutional; by others
that il was xpedent, novel, oppressive, and unjust IN
its features and by not few that is in opposition to
higher law-meanng II Is supposed the law OF God-and
therefore that there is not only moral and religious ob
CATION to disregard by refusing when necessary 10 co
operate in It's support but 10 obsruct and resist when
ever occasion offers. II might be enough on ordinary
occasions, when obvious truths readily admitted
without disc usslon 10 say IN answer 10 these objections
that all laws must be presumed 10 be constitutional, and
to require obedience until they declared TO be other
wise BY the appropriate legal tribunals that lher expe-
MD he
tive body which 1t cuDsl,utionaly belongs; that RET
errnce 10 peexisng statutes VIII dIsWove the assumed
novelty; that oppression cruelty and Injustice may be
said any law hich Furnishes man Ioi iakng away
the property OF another contrary TO It> PROVISIONS HE
interests passions of could be excited IN favor oil
the offender, and for The reason against any other
penal law that the Constitution ard laws OF our country
supreme, and CAR never, with safety 10 the govern
men lie ctz and without breach OF allegiance,
be made subordinate TO any supposed higher Obligations
Of religion and morality.
But The asy.c, OF some or Of all these objections in
The public mind, the aglatlon which has grown out oi
them and other considerations of weight proper 10 all
who concerned In the ad ninsalon OF tht laws IN
duce me 10 give 10 these matters more extended con-
slderatIon.
The 4h article and I'd section of the constitution of
the Unlied States is in the words following mo person
held TO labor service IN Stale, under the laws
thereof, escaping INTO another, shall IN consequence OF
any law regulation therein, be discharged from such
labor service, out sha be delivered up the claim
Of the party 10 whom such labor service shall be
due"
ed. a concession 10 the southern States, bat
curlty for pre- exslng right upon which their safety
SOCIAL Interests, and property depended, recognised IN
this by all the States, and entitled 10 The same
ect, and 10 be held nyolable any other the M
suumen, contains, The parties sovereign States,
and surrendered Tor the welfare OF the whole portions
OF that sovereignty, reseryiDg all powers OF government
not expressly delegated upon their original foundation
unimpaed 10 be asserted and maintained whenever and
Snsreyer, and 10 such manhe as II might seem TO such
formed perpetual compact of union based upon the
delegated powers. which severally equal in power,
force, aud obligation No State can, therefore, without
breach of this compact, make its territories or suffer
them 10 be made, an asy lum Tor fugitive slaves
Ii is historically known that The 4lh article of the
si1ution adopted by The unanimous vote of every
State. without dissenting vote IRON the northern States
that was approved by the people and that there was
no infracuon OF this article, aud no question connected
with slavery in the northern States agltaei TO disturb
the harmony and safety OF the Union until comparatively
a late period.
This general il not universal disposition on the part OF
the people TO respect and maintain good faith the rights
secured by the compact made unnecessary to any
law 10 give effect to the 4th article prlor to the l2h OF
February, 1888; and even then the remedial law OF thai
date enacted, not because iugIves from labor had
escaped, and oil legal reclamation provided
but, as appears from Stale papers, because difficulty
had arisen between two OF the States pennsylvania and
Ngala) TO the demand OF the former and the refusal
OF ,hs latter to deliver up two fugves from justice. In
the discussion which this demand gave rise TO the par
ties became satisfied tina, the 4b article of the consttu
ton could not be executed without remedial law; and
upon this opinion being made known 10 Congress- that
body passed the act OF 1893
The LIST aud Cd sections OF this act relate to ugitves
from justice, the ID and Sd to ugitves from labor The
50 section empowers any person who may be the owner
d aiugItve from labor 10 such fugitive
and take him her before any Judge OF the district
circuit court Of the United States, residing within the
State, before any magistrate OF city, county, town
corporate wherein such seizure made and on proof
Of owing service labor 10 the claimant either by ah
1avit other evidence taken before Judge mag
tale OF the State from which the fugitive escapes, the
Judge magistrate OF the State in which he she is
rested shall give a certificate thereof to the claimant
which shall be sufficient warrant for removing such fu
ghve.
The All section imposes a penalty upon such OBJ
sruct The claimant in Selling the fugitive, such as
harbor, conceal, rescue him.
III VIII be remarked that the Sd section Of this act, ex
cep the authority gwen by 1t 10 the State magistrates
merely pescrbes The mode by which the Sd clause OF the
th arucle OF The constitution be carried into effect
IN adludeatng the claim OF the OF the fugitive
save The Certificate being the result of the proof OF the
claim.
Although this act had received contemporaneous ex-
posnon and bad been long aeqmesced in, its consu-
'ohay was brought ~ question the courts OF the
states oil the Union and before the of the Uni
su states but II was uniformly sustained and regarded
containing ludclour aud sautary regulations in refer.
enGe 70 both toe subjects 10 which i relates.
~ ne year 1926, when there a general disposition
,ess's "a good faith the constitution and laws of the
ohed oass OF this suhrc the State Of Pennsy wanna
peu az e' one OF the expressed objects OF which was
eaoe wy owners of the iugtyes iron labor 10 obtain
'eeaPon sha deuSty by the process evidence and
ctuneseo Sla'e magistrates in substance aud nearly
III "oos' VIZ s ,, a. st Contained in the OF 1893
and lsoo indeed, ~ - onv that IA. al serttnn ~ inc
State &C IS patty copied from the Al ssrt, a M, - ~
the United States o. 1873 " WV -" W
No law was ever sustained by higher s,,hori, ,o.i.
auve, executive aud judicial aud mas lie added il ,h.