The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-07

they required 10 receive and Keep prisoners co
mled under the authority Of the Uned States BY the ACT
oil assembly OF 3lh December. 1859. and lis supplement
passed The 80 day OF March, lsl4 The repeal would
then have efficiency and force AS provided by Inc
senate BILL shers Jalers. and keepers Of prisons who
are abotonsts may efuse 10 receive fugves from la
Dor, and they could not be compelled to do their duty
Tbs act Of i7s9 refers only 10 prsonss-meaning, eyi
IDENTIFY those arrested the charge OF having committed
syme criminal offence or persons arrested by some Legal
process issued by or under The authority OF the United
States. the supplement to that acl, passed the 81
March 1914 refers only TO persons committed nnder the
authority OF the United States as hostages or prisoners
OF war, being received by shents ja.rs. and prison
keepers OF this Commonwealth. The case OF iagiives
from labor is therefore clearly unprosded for by existing
laws. The shers, laers, and keepers OF prisons may
uglves from labor, or they may not. their
own discretion dictates In this respect The bill IS
maniiesy imperfect 10 the remedy II indicates, by The
bare repeal OF the OH section
MY amendment proposes the repeal ALSO of the seventh
section OF the act OF March 3, 1917. This section
peas much OF the tenth section OF the act OF March
l. $780, authorizes masters or owners OF slaves 10
bring and retain such slaves within this Commonwealth
for The period OF six months and as authorizes members
of Congress- foreign ministers, and consns from bring
ing and keeping their slaves within Our territory Tins
seventh section OF the act OF March 3, lS47, is simply
offensive, mncourteous and insulting IN It's character II
dscards altogether the moderate views OF those grea
men who the fathers oil The abolition society OF
Pennsy lvania--the views OF such men as Franklin,
Psmberlon Rush. WIslaT, Rawle, and oihers-nen who
were contemporaries OF the Of the revolution and
who participated in that glorious achievement. These
understood and respected the position OF the citizens
treat them with justice. moderation, and candor. The
aboonsls OF that day los, sight Of their consti
tulona obligations and their duty 70 their fellow Cit
and their opinions deseryedy respected The
great statute OF 1850 mbodes the principles OF liberty
and toeraon the statute OF s47 contains the germs OF
intolerance and desposm., The former was raneli By
wise men--fnen who the dawn of republican liberty,
and whose stout hearts and strong reared the go
rious fabric OF our republican institutions. The latter
was designed tor purposes OF faction and ianatcsm and
right well has il served the design and object OF lis
trainers.
The seventh section also repeals much of the of
lst March, l7s0. as provides that slave shall not be
admitted to bear witness against freeman" Now this
portion of the act OF 1850 merely declasaory of what
the common law, and is al the present period
merely throws US back upon the common law, and would
not permit slave TO be witness against free.
man The repeating statute does not enac, that slave
may be witness aga aims, freeman, but merely repeats
much of The act Of 1850 prevents slave giving les
timony against any person whatsoever, which merely
repeating nothing at all, and is therefore peecy
sensca and farcical The eighth OF Franklins
act which related TO the testimony of slaves merely
declaraory Of The law, the eleventh section,
relating to OF rlaves who resided any other
State country. claiming his slaves within this Com
monwea,h decaralory OF international law Neither
OF these sections made the law and their repeal therefore,
could not unmake H. as the isaken wseacres OF the
Penn -ylvania legislature OF IS47 imagined
Mr. Speaker, the first object declared in the preamble
10 the constitution of the United States the motive for
It's adoption BY the people is, " IN order 10 form more
perfect union How this TO be done except by the
different sections and interests OF the country maxi ing
iual concessions! The system OF domestic slavery ex-
listed at that tune in most OF the thirteen Siates-i believe
all with the single exception OF the State OF Massachu
ses In Pennsylvania there had been act passed 81
March, 1850, for g'aual abolition, but the system still
existed II institution Tor which the people of
this country were not responsible bat il had been
tailed upon them by the cupdy OF Others ana had
with their growth and strengthened with their strength
until il had become entwned with every interest and
fibre of the body polite To abolish it at that time
utterly mpactcabe, and would have led TO mixture of
races or strife between them Tor The mastery which the
phllanhropst and patriot must depeeaie The9ues-
ton to be met Their iore and disposed Of Union
OF The States could be formed Ii met in spirit of
Cancellation. mutual iorbraance, and enlarged patriot.
ism by the great men oil The revolution in manner
thy OF our imitation
In the third clause Of the second section OF the fourth
article Of the constitution Of the United States, il is pro-
viied tha, No person held 10 service labor
State, under the laws thereof escaping into another
shall consequence OF any law ulaton therein
be discharged from such service labor. but shall be de-
vered up claim OF the party to whom such
labor may be due"
Now, sir. this is plain provision, and easily under
stood 1t manilesty means that when slave escapes
IRON State or Territory into another he shall be deu
cred up by the authorizes Of the State Territory
gth he has escayed claim OF the party TO whom he
service or labor. He shall be delivered up-where
10 the State or Territory to which he has escaped. lie
shall not be discharged from such service labor
sequence OF any law or regulation theren-wherein
Why, in the State or Territory TO which he has fled
Well then, II he is not TO be discharged by any law
regulation OF the State Territory into which he has
fled, by what authority is he by the terms Of the
luton, 10 be delivered upf Evidently by some law
regulation therein. He shall not be discharged In
quence OF any law regulation OF such State Tern.
tory. but shW be depetsdu up The Two requirements. OF
not discharapg and delivering up, are in the
ence and maniiesy refer to OF power by the
same authory-the authority having the law regula-
lion spoken OF under its control. The provision would
read u- well II written, that he shall not be d.
charged from such service labor bu, shall be delivered
up BY law regulation oil the State Territory 10
which he has escaped
But it pretended by some Of the "hgher law" gentry
hat hI. ri of he tuuttO mi
slavery al ahat il speaks Of persons held 10 service
labor, and that the word slave not being mentioned
we have right TO go beyond the strict letter OF the in
suument ITSELF and infer from something dehors that
slaves were intended By the phrase persons held 10
labor"
The argument is this Ii is conepdes that the word
held IN the phrase mo person held 10 service labor"
IN the constitution, is synonymous with the words
"bonnd' or "obgeJ," and that its legal meaning Is to
describe persons held by legal cont act oblgaiion
duty, or authority. which the law will enforce. Thus,
~ bond man Acknowledges himself 10 De 'heid and
hrmy bound" to do certain things. That wherever,
therefore, persoa is described in the laws being
held to do any thng-as 10 render service labor,
for example-the legal meaning invariably s that he
held by legal contract obligation which the laws
will enforce, either specifically or by compelling pay
ment OF damages for non-perormance That this the
meaning u - commended, ~ manifest from the addIt
words "under the laws thereof" referring 10 the
States or Territories from which the fugitive
capes This being so, IL ia argued that a slave ie
not held by legal contract or obligation which
the Union IN which the institution OF slavery is csab
sh.d by positive law, and that the slave therefore,
held only by brute force and this being the only
by which he s held TO service labor is not such
contract or legal obligation the laws will rccog Mise
Ii il state that the un recognises obligation on the
T,,bo LAX Ia, A..