The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10


Extracts from me Message Of Coz. Jo""ston.
Ii has been minated that questions connected with
the institution of slavery and the fendlon Oh Iusuves
from labor there have been INDICATIONS OF disregard oil
her CONSTITUTIONAL obligations To the clause oil the
sttuon relative TO tugnves from LABOR ana the legisia
ton under IT, there ever mas been III pennsylvania WIN
a her avowed aversion domestic slavery, implicit ODE
disnce With an earnest desire that by free interchange
OF moderate and rational opinions obedience TO the law
may be made not only implicit bat cheerful i proper
10 refer 10 OF the difficulties in relation TO the subject
now existing in the public mind
The clause OF the federal constitution relative to fug
tiyes from labor involves these propositions l. That IN
voluntary service or slavery may exist in the States OF
the Union by constitutional recognition q mat the
escape Of the person 40 held shall not operate a. uis
charge from such service labor g. That on tue Claim
OF the party whom such service is DUE there must DC
a rendition of the fugitive.
To interfere, by Legislative enactment or -
destroy or in any way affect the right OF properly Ieeog
Missed in the first proposition, would be daring VQiaoh
OF the clear obligaiiors OF the constituon NO huiaa
being can pretend that by this ComonW ea'n suon al N
tsrie1erce has ever been attempted Whatever may be
the feelings OF the people IN opposllon ~ o t go;
tension OF slavery and the CONSEQUENT ,
no effort has ever been made to disturb de-
sfoy The vested rights OF citizens OF other States and
when those rig may be endangered by the escape OF
slave beyond The limits OF the State where the relation
is acknowledged citzensha acted on the principle
that no sympathy with individual suffering ought ever to
weaken their OF duty 10 the PLAIN requirements OF
the organic law.
In the adjustment Of rights and official duties under the
last proposition more difficulty has been found to exist
force be given TO the word CLAIM, as used IN Inc
constitution Is not the delivery Of the fugitive to be
made only through the agency OF the national govern
ment! These have been yexed and mooed questions
The final decision OF the Supreme Court OF me United
States in which Pennsy lvania was made party
and the recent fugitive slave law, gave Judicial anu
Legislative Interpretation this clause of the constitution
which cannot be misapprehended. The power and duty
of enacng laws to carry into effect the CONSTITUTIONAL Oh
recon being ruled be in Congress- and IN Congress
only any interference the part OF the Stale authorizes
is unauthorized and without binding force
II the constitution implies duty to De performed oy
both national and State governments and vests each with
power the subject, the trainers OF that instrument
tailed TO express in clear terms as IN other cases. The
obligations OF the parties The latitude OF construction
would authorize the passage OF laws and the enactment
Of regulations upon every delegated power OF the national
government without regard 10 the action or action
Of Congress The general government is admitted TO be
of ascertaned powers but II ceases TO De SO te mo-
jurisdiction vests in State soveregntes
In the practical workings OF the system OF concurrent
jurisdiction much evil would arise. Thirty one sovereign
ties might prescribe different rules OF acton each meant
to make effective national legislation and the dangers re-
sulting from conflicting enacments, and the consequent
destruction OF harmony and ORDER could not all 10 alarm
the patriot Whenever power over subJec-ma,ter is
vested by the constitution IN Congress- and the power mas
been exercised the authority OF the States has been u
dcialy declared, above stated merged and abolished
This is the rule of law well that OF common sense
An opinion has been expressed by men OF eminent legal
learning and patriotism that legislative action on the part
of the States expedlent to aid in the execution OF the
powers of the general government In this opinion !
inability the part of the national government to exc
cute its powers, and would prove destructive OF me
theory zeaousy maintained by our republican fathers
that the national and State governments are independent
soveegnties, acting within IT'S proper CONSTITUTIONAL
sphere.
II was doubtless conviction of the soundness of the
foregoing views which induced my predecessor, Cover
nor Skunk, sanction the act OF the Sd March, ls47
The power to act the subject OF the extradilon OF
fugitive slaves being thus vested solely IN the national
government. it is the plain duty OF the citizen to submit
its enactmens under the constitution. To act differ
emily would be clearly rebellion TO government.
II the word "caim" intended To express an as
ceraned right of property TO the person OF the fugitive
vested in the claimant, then much OF the dihcuty sur
rounding the question is settled, and the mere demand
for the person Of the fugitive fixes his destiny by the
terms OF the constitution. His extradIuon would be de-
ermned without proof of ownership on the part OF the
claimant and without evidence OF the identity or nght
of the person claimed If. however. the term used in
the constitution signifies challenge OF the property be-
longing to the claimant, and withheld IRON him. and
the enactments the subject requiring proof OF right 10
subsantate the claim and the concurrng decisions OF the
Supreme Court ax this meaning to the term, then the
question arises, How, and through whom, shall the
claim be made, and by what evidence sustained Z
In the adoption OF the proper remedy to assert inns
clear night patriotic citizens may differ, and the privilege
to maintain and express that honest diversity OF opinion
must not be impaired To surrender under violent
threats and denunciaory clamor would be an abandon
nent of the deeply cherished privilege OF liberty OF
thought and speech When the enactmens OF the national
Congress fail 10 convince the people of their justice and
propety il is their dOy TO seek their modification and
amendment The recently enacted fugltiye-siaye law
citizens and, unless written constitutions are worth
less parchmens, until the judiciary declare IT otherwise
must be esteemed a constitutional enactment Are its
defects OF such nature to warrant the public IN urging
its amendment
That part of the law which authorizes the creation OF
and irresponsible tribunal under the name OF com
missoners is liable to exception Waving the inquiry
whether the judicial power OF the Unned States can be
vested anywhere but in regularly organized courts with
the records OF courts there objections OF serious I'M
port the institution OF this tribunal All history shows
that special tribunals clothed with discretionary powers
persons and property, liable to abuse, and have
been instruments OF oppression
II in these the early days OF the republic, when no
OF urgent State necessity be invoked powers
OF high judicial nature the liberty and property OF
individual be vested by appointment OF an nfe
ror tribunal in irresponsible person, the security OF
times when new political or social emergencies may
arise, will depend on most precarous tenure. The
courts Of the United States, whose Judges have pride OF
character, and over whom controlling influence IS ex
ertsd by the impeachment clause OF the constitution
should alone be invested with these extraordinary
Rather than hazard the chances OF illegal decisions
and the consequent rreparable injury OF an individual
results full Of danger to the peace and good order OF
socisty--the judicial power OF the nation might wisely be
extended II be deemed expedient TO deny trial by
jury and lodge the adjudication Of this right OF property
in the breast Of single Judge the kind OF proof required
should be Indicated and full record OF the entire pro-
ceedings be made and preserved
Processes issued should be returned and the extradi-
ton OF any coored person, for whose arrest warrant
had issued without hearing had before the Judge, should
be visited with the penalties of Kidnapping These modi
hcations OF the law, while they could not interfere with
fhn wh nj fho Nf tIa Urp