Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1852-01-23

Veto Mess age.

sent into the Senate Of PennsyYdHa his obIec-
tions 10 the passage of the bill Of last session,
for granting the use Of our iails to the safe
keeping Of fugitive slaves 1t is as follows:
TO THE SENATE OF PENNSYLVANIA:
SRNAroRS An act entitled " An act TO re-
peal the Sixth Section of an act, entitled an
act to prevent kidnapping and preserve the
public peace, prohibit the exercise of certain
powers heretofore exercised by Judges, Jus
ices of the Peacc, and Jaiors of this Common
wealth, and to repeal certain Slave Law" has
been held under adylsemem since the adjourn
nlcnt of the last Legislature.
In obedience TO the provisions of the COnstl-
tutien, return this bill to the Senate, where
1t originated, without my approval, nd with
nv reasons Tor Withholding It. To those rea-
sons, founded on the c,carest sense of duty and
official responsibility, invite your candid al
1ention They are now for the first time CIV
en-, because now, for the hFst Tune since 'he
passage Of this act, has an opportunity oAefeu
- confer with those to whom my reasons may
H., important and with whom they may DC op-
aratiye The section proposed TO be repealed
= N these words: sit shall not be lawful
n usa any ia,l or prison of this Commonwealth
f,r the detention of any person claimed as
tugitiye from servitude or labor, except III cases
where jurisdiction may lawfully be taken by
any Judge, under the provisions OF this act;
and any aor or keeper OF any prison. or other
person who shall offend against the provisions
If this section shall, on conviction thereof, pay
= fine of five hundred dollars, one-hai thereof
tor the use of this Commonwealth, and the
other half to the person who proSeCutes; ana
shall, moreover, thenceIorth, be removed from
oil. e, and be incapable OF holding such othce
Of iallor or keeper Of prison at any time our
+. ty.f. 10,
r,ssed in the wear lSl7, under the Executive
Administration OF my predecessor, and by votes
unanimous. or nearly 50, of both branches OF
tha LEGISLATURE The bill under consideration
ls confined to the repeal Of the scctlon orohlb-
jtlnc the use OF our prisons as places oi deten-
t,,n for fnuItIyes from labor. II the legislation
proposed authorizes the use OF the prisons It Is
N rppuUuance to the Constitution OF the
United States as eXpounded by the Supreme
Court BY decision made IN derogatIon OF
the local statutes of Pennsylvania, the Supreme
Court OF the United States held in SO many
words that al! State legislation on the subject
OF the reclamation of fugtIves from labor,
whether tn obstruct or to aid 1t, to hinder or
promote 1t, is absolutely and entirely prohi0-
tied The legislation Of Congress supersedes
all State legislation on the subject, aud bY ne
ccssary implication prohibits IT.
IONS ON the subject. This is the very language
r. therefore, an Act Of Assembly were passed,
authorizing the several County Commissioners
II erect safe houses of detention Tor persons
claimed as fugitivcs from labor, under srch
regulations as the Legislature or ITS agents
might prescribe, tor the reception ana safe
keeping Of the inmates, such law would be
unconstitutional, and consequently vold, and
any single discontented citizen OF county
miuht have 1t so declared am unable 10
see any difference in this respect between The
spaclal construction Of such places Of deten-
ton, reGu ated and controlled by State authorl-
tv, and State agents, and the permission 10 use
those already erected and regulated by general
laws. 1t is the State law interfering In the
question OF the alleged fugitive and his claims,
and such laws as the Supreme Court OF the
United States have pronounced unconsttutIon-
al 1t is not the legislation of Pennsylvania
that has closed our ]aiis against the reception
of such fuoitives but a formal decision OF the
Supreme court declaring our former statute
on this subject unconstitutional decision
which. until reversed, is binding on every de-
partment Of this government.
Nor were the certain consequences OF TINS
doctrine, thus solemnly adJuIlcated, unforeseen
The present Chief Justiceo the United States,
an eminent iurist and citizen OF the State OF
MARYLAND in dissenting from the opnlono ot the
Court, expressed his belief that these very et-
fects would be produced, and ioretold the time
when, State agency being re2udlated and
State prisons closed by this very decision,
4" the territory of the neighborlng States would
become open pathways for fugItIyeS from Ia
bJr" These are his words and they conclu-
slvely show in what light Ae understood the
judgement thus pronounced. am aware It has
ti,a mt q.
as decided did not arise in the case. 1t is an
sWered that the Judges Of the Court III their
several decisions, declared otherwise.
The Chief Justice, who was present and
took part IN the hearing, and whose dIssentlng
oppion furnishes his views OF what was decld-
cd saws: But as | understand the opinion OF
the Court it goes further, and decides lhat the
power 10 provide c remedy for this right Is eX-
c,usiyely vested in Congress, and that all laws
uoon the subject by a State, since tie adoption
OF the Constitution, null and void"
Jpdoe Wayne saws: In that opinion 1t Is
decided: 3. That the legislation by Congress
t.,oD the provision, as the supreme law OF the
land, excludes all State Legislation upon the
same subject; and that 40 State can pass any
law ar regulation or interpose such az may
have been law or regulation, wnen the Constr
tuition of the United States was ratified, to su-
n,r,dd n control. qualify, or impede remedy
enacted by Congress for the delivery Of tugl-
t.ye slaves then adds, after learned argu-
mont sustaining this view: 81 consider the
point nave been maintaining more important
than any other in the opinion Of the Court
alleging, as confirmation, that this was point
decided. that only three OF the nine Judges
Composing the Court dssented.
Justice Mclean makes the inquiry, " does
fhe provls on IN regard to the reclamation OF
tiotiye slaves vest the power exclusively III
Canoress - aud answers. The nature OF lhe