New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-12
PENNSYLVANIA
Gov. JOhnslons Veto

on The Bdl of Last Session, granting ne use Of me
ya,is Of The State for The Confinement Of Persons
claimed a IKgltaeS from SerDscs.
To THE SENATE or PESNsYLyANfA-Senat0rs An
act entitled An Act TO repeat the sixth section OF an
act entitled act TO prevent kidnapping and pre-
serve the public peace. prohibit Inc exercise OF
certain powers heretofore exercised by Judges, JUS
tees Of the Peace and J&lors OF this Common
wealth, and to repeal certain Slave Laws, has been
held under acyiscment si1Ce the Appointment OF toe
last Legislature.
In obedience TO the provisions Of the Constitution,
Ifeturn this bill TO the Senate. whore 1t originated,
without my approval and with my reasons Tor VITA
holding it, To those reasons, founded on the clear
est sense of duty and OF official respJnsfoliity,
invite your canGd attention lhey are now, Tor the
FIRST tine, given, because now, for the first time
since the passage OF this act, has an opportunity of
fered TO confer with those 70 whom ny reasons may
be important, and with whom they may be opera
tive
The section proposed % be repealed IL IL these
words Z" 1t shall not be lawful ID use any nj or
prison Of this Commonwealth f0r the detention OF
any person claimed as fugitive IRON serVlIudt or
labor, except IN cases where JURISDICTION may law
fulh be taken by any Judge, under the provsiors OF
this act and any TAILOR or. keeper OF any prison. or
other perton who shall offend ssains; the provisions
Of tins section shall, convection thereof, pay
fire Of $500 one. halt thereof for the use OF This
Commonwealth and the other to the person who
prosecutes and shall moreover, thsnceiorsh be re-
moved from Office, ana be Incapable OF holding such
once of laior or keeper OF prison at any time
during his natural life" Ii Is ps,t OF law passed
IN the year lsi1, under the Executive A1m,nls.ra.
or nearly 50. of both branches OF the Legislature
The blt uIc6T consideration Is contned TO The
repeal OF tho section prohibiting the use OF our
pllsons as places of detention for fugitlyts nom
labor II the legislation prop0sed authorizes .he use
OF the prisons, II IS III repugnapce 10 the Consttu
ton OF the United States as expcundcd By the Su
preme Court. BY decision made IN deroganon OF
the local statutes OF PenLsy wanna, the SuPrease
tourt Of the United States held, IN So many worss,
that ali State legislation the subject of the re-
canation of fuglllJes from labor, whether 70 So
Struct 20 aid IT, hinder promote u, rs absolutely
and eEtiIely prohibited fGe legislation of Con
gress supersedes all State legislation the subject
ard by necessary implication prohitl'Sit.
The Sta,es cannot enact auxiliary provisions on
the subject, This is the ven language. IL, there
icTe, an act Of Assembly were passed, authorizing
the several County commissioners 10 erect safe
houses OF cetenon for persons claimed as fuelives
nom iatOr, under SUCH regulations as tue Legs
l0tITe or It's ents might prescribe of the recep
ton and sale seeping OF the inmStes, such a law
would be unconstitutional, and consequently void,
and single cisc oniened citizen Of a csunty may
have II SO ceClaTtd
an unable 70 see any difference N this respect
between the special construction ot such places
o. cCienlion, rtsuia ed AID controlled 0y State
authority and State agents, aud the permission 10
use those already erected and regulated BY general
laws. II Is the STATE Law interfering IN the question
o. ;he alleged fugitive and his claimant, and such
laws the Supreme Court OF the united STATES have
pronounced Unconstitutional IL IS rot the legisla
ton OF PenDsy ivSnld that has closed our alS against
the reception OF such fugiSes, but formal decision
OF The Supreme Court, declaring former statute
on this subject Unconstitutional decision, which,
untll reversed, is binding On every department OF
TINS government
The Governor then re erS 10 the 0ptuoEs OF seYe-
raj JUDGES OF tie Supieme Court aud adds
This judgment OF the Supreme Court OF tue nied
States determines the lave for guidance, ani for
yours, " hsteveI nay De our Individual convictions
upon the subject II then prison cannot be built,
uaCeg STATE laws, for the detention OF tugltlyes-f .
Prison aesoy built, aud SUBJECT 10 State regulations
ald rules respecting It's Inmates. cannot be used
and II, IN short ali State legislation. OF vhateyer
kc lie prohibited os aso.e mn decree 0 the supreme
Counts Il lot mole tlas Idle 10 pass al ACT re-
soisiiye Of laws thus expressly declared and known
m advance 10 be Unconstitutional. Inc WIZ Oh
lsbels CCltLS would run into these unconstitutional
places OF detention the feoeisl JuolC.aIy would
theusel,os have 10 decide The question TIE STATE
JUDGES, Ia Counties where .heIe IS 10 Red states
Jucge, AID where tie iue.lve Is committed by mere
Commission tr, would he required 10 issue TIE nIit OF
Ush alta sASi which The tnenGs Of t.is iepssl nave
Claimed Is ers@I boon TO the clsImsni, would be
MoIse thai mocAery. The claim ne has Hov on
,ae escape OF hs servant wouls be converted into
pieh claita against county TAILOR, whose hrsteuiy
Hoeiu be 10 discharge a prisoner thus held, l: he
'"nnS~ MS tioeity. Not 50 ~as tie Ia y formerly,
hu NtlVit 10 was dec ded mat ALI State legislation
90 'It subject Is prcholted-not Will Il De hereaf
ttf' II 'Ae P'neipe OF the ceCisioa % the Saprenle
IcNIt &c Practically carried out, aad this wacie
vekeo ae txsiops subject Dc left 10 the ad.nlssrs-
iIol OF lie United States oficeis
Tie Act 81 congress OF tue IsIh Seotel.Uer 1863.
conn Only hnown - the Fueilye Ssays BAH, would
seem o. favor the saline ylses enttFf.lsa .; Judge
Sisiy, ana pscaosaesj IN As ieo.ass I, ~ahA Cstst