Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1851-01-16

van!a, her people, and her authorities, always
have been loyal To the Constitution. They wish
II neither 10 be evaded nor amended. They Will
not permit it To be resisted.
Il has been inmated that on questions connect
ed with the institution of Slavery, and rendition
of fugiiives from labor, there have been indica-
tIons of disregard of her Constitutional oohga-
lions. 10 the clause Of the Constitution relative
to fupiiiyes from labor. and the legislation under
H. there ever has heen in Pennsylvania, with all
her avoweI aversion 10 domestic slavery, Implic-
il obedience With an earnest desire that by a
free interchange ofmoderate and rational opinions,
nbedleuce 10 the law may be made, not only inn
plict, hot cheerful, it is proper 10 refer to some
Of the difficulties in relation TO the subject
existing in the public mind.
The clause of the Federal Constitution relative
10 fugitives from Labor, involves these PROPOSE
lions IL. That involuntary service or slavery
may exist in the States of the Union by constitu-
tional recognition 2. That the escape Of the per-
son so held shall not operate as discharge from
such service labor 3. That on the claim OF
the party TO whom such service is due, there must
be rendition of the fugitive.
To interfere by Legislative enactment, or 9TH
wise, TO destroy in any way affect the right of
property recognized in the FIRST proposition, would
he daring violation of the clear obligations of
the Constitution. No human being can pretend
that by this Commonwealth such an interference
has ever been attempted. Whatever may be the
feelings Of the people in opposition TO the further
extension OF rslavery, and the consequent increase
nl anti-repubcan and sectional representation in
The National Leg gislature, no effort has ever been
made 10 disturb or destroy the vested rights of
citizens OF olher States; and when those rights
may be endangered by the escape OF a slave be-
yon6 the limits Of the State, where the relation is
acknowledged, our citizens have acted on the
principle, that no sympathy with individual suffer
ingoughi ever TO weaken their sense of duty to the
l,lain requirements Of the organic law.
L z IL, I LII
under the last proposition more difficulty has been
found to exist By whose agency is the fugitive
TO be given upt What force is TO be given to the
word clam as used in the Constitution Is
not the delivery of the fugitive to be made only
through the agency Of the National government
These have been rexed and mooted questions
The final decision Of the Supreme Court of the
limited States in to which Pennsylvania
was made parry, and the recent fugitive Slave
law, gave judicial and legislative Interpretation
this clause of the Constitution, which cannot be
misappreheuded. The power and duty of enact
log laws carry into effect the Constitutional di-
reciion being ruled to be in Congress and IN Con-
greSs only, any interference on the part of the
State authorities is unauthorized and without
binding force.
1.-THE Constitution implies duty to be perform
ed by both National and State Governments, and
vests each with power the subiec, the
trainers of that instrument failed to express in
clear terms, as in other cases, the obligations OF
lie parties. The latitude of construction requr-
I'D TO give such powers 10 the State legislatures,
would authorize the passage of laws, and the en-
ac;ment of regulations, upon every delegated
power OF the National Government, without regard
~ the action or non-action OF Congress. The
General Government is admitted 10 be one OF as
tertained powers, but it ceases to be SO the mo-
ment concurrent jurisdiction vests in State Sow
reignties. In the practical workings OF the system
Of concurrent jurisdiction much evil would arise.
Thirty one Soyreignlies might prescribe different
rules OF action--each meant 10 make effective ma
,onal legislation and the dangers resulting from
conflicting enactInens and the consequent des-
struction of harmony and ORDER could not fail to
alarm the patriot. Whenever power over sub
jeci matter is vested by the Constitution in Con-
cress and the power has been exercised, the au-
'hory OF The STATES has been judicially declared,
as above stated, merged and abolished. This is
the rule OF law as that of common sense.
An opinion has been expressed by men of emf
nent legal learning and patriotism, that legislative
action on the part of the States is expedent aid
in the execution of the powers Of the general gov
eminent. In this opinion | cannot concur To
admit the position would imply an inability on the
part of the national government to execute its
powers. and would prove destructive ofthe theory
20 zealously maintained by our republican fathers
that the National and State governments are Inde-
pendent soveregnties, such acting within its pro-
per constitutional sphere.
Ii was doubtless a conviction OF the soundness
Of the foregoing views, which induced my prede
cessor, Governor Skunk, 10 sanction the act Of the
Sd March, l647
The power 10 aci on the subject OF the extrad
lion OF fugitive siares being thus vested solely in
The National Government, il is the plain duty oil
The citizen 10 submit TO its enactments under the
Constitution To act differently would be clearly
rebellion 10 Government.
Ii The word ''claim" was intended TO express
an ascertained right Of properly TO The person
of the fugitive vested in the claimant, then
much OF The difficulty surrounding The question
is se,tled. and The mere demand for the person
OF the fugitive, fixes bis destiny by the terms
of The Constitution. His extradiiion would be
determined without proof of ownership on the
part of the claimant, and without evidence o
he identity or figh, Of The person claimed. If
however, the term used in The Constitution
signifies challenge Of The properly, belonging
10 the claimant, and withheld from him-and
the enactments on the subject requiring proof
Of right TO subsisnIiale the claim, and the con
curing decisions OF the Supreme Court, afiz
ibis meaning TO the term, then The question a
rises, how, and rhrough whom, shall the claim
be made, aid by what evidence sustained
In the adoption Of the proper remedy to as
seri This clear right, patriotic citizens may dif
fer, and the priValege TO maintain and express
thar honest diversity of opinion must mol be
impaired. To surrender il, under violent
threats and denunciatory clamor vond ha .,