Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1852-01-24
Governor IOhnSonls Veto Message.


On Thursday, as already announced, Gov
Johnston sent into TIC senate of Pennsylvania
his objections to the passage of the bill of last
session. Tor granting tho uso of our jails to the
satekeeping of fugitive slaves.
Tothe Senate Of Pennsggranid :-Scnators-An
net entitled "Au Act to repeal the Sixth Section
of an act, entitled an act to prevent kidnapping
and preserve the public peace, prohibit the ex-
crciso of certain powers heretofore exercised by
Judges, Justice of the Peace and Jailors of this
Commonwealth, and to repeal certain Slave
Laws" has been held under adviscment since
the adjournment of the last Legislature.
In obedience to tho provisions Of the Consd-
tuition, return this bill to the Senate, where it
originated, without my approval, and with my
reasons for Withholding it. To those reasons
founded on the clcorest senses of duty and of
official responsibility invite your candid at
tention. They arc now, for the first time, Civ
en-, because now, for the first time since the
passage Of this act, has an opportunity offered
to confer with those to whom my reasons may
be important, and with whom they may be
operative.
The section proposed to be repealed is in these
words "It shall not be lawful to use any Jail
or prison of this Commonwealth for the dotcn-
tion Of sny person claimed as fugitive from
servitudc or labor, except in cases whore juris-
diction may lawfully be taken by any judge,
under tho provisions Of this act and any jailor
or keeper of any prison, or any person who
shall offend against the provisions of this section,
shall, on conviction thereof, pay fine of five
hundred dollars onc-h half thereof for the use OF
this Commonwealth and the other to the person
who prosocutes; and SHALL moreover, thence
forth be removed from office, and be incapable
ofhoding such Office of joilor or keeper Of
prison at any time during his natural life" 1t
is part of law passed in lSl7, under the Ex-
ccutive Administration Of my predecessor, and
by votes unanimous, or nearly so, of both branch
es Of the Legislature.
The bill under consideration is confined to the
repeal Of the section prohibiting the use of our
prisons as places Of detention for fugitivos from
labor. If the legislation proposed authorizes
the uso Of the prisons, it is in ropugnance to the
Constitution of the United States as cxpoundcd |
W Nhu ohliNiAS NOuAh' ~. ~ hNNi'ANi' ''N'' - /
derogation Of the local statutes of Pennsylvania,
the Supreme Court of tho United States held,
IL so many words, that all State legislation on
the subject of the reclamation of iugtiycs from
labor, whether to obstruct or to aid it, hinder
or promote it, is absolutely and entirely prohib-
itod. Thclegisla,ion Of Congress supcrccdcs all
state Legislation on the subject and by neccssa-
ry implication prohibits it.
The States cannot enact auxiliary provisions
on the subject. This is the very language. II,
therefore, an act of Assembly were passed, au-
thorising the several County Commissioners to
erect safe houses Of detention for persons claim
cd as fugitives from labor, under such regulation
rs the Legislature or its agents might prescribe,
for the reception and safe keeping Of the in
mates, such a law would be unconstitutional,
and consequently void, and any single discon-
tented citizen of a county might have it so de-
clared.
1 am unable 10 see any difference in this res
pect between the special construction of such
places of detention, regulated and controlled by
State authority and State agents, and the per-
mission to use those already erected and regu-
lated by general laws 1t is the State law in
torfering in the question of the alleged fugitive
and his claimant, and such laws the Supreme
Court of the United States have pronounced
unconstitutional. 1t is not the legislation oi
of Pennsylvania that has closed our jails against
the reception of such fugitives, but n formal de-
cision of the Supreme Court, declaring our for
IL. c,,l;
decision, which until reversed, is binding on
every department Of this government
The Governor then refers to the opinions
of several Judges of the Supreme Court, and
adds -
This judgement of the Supreme Court of the
United States determines the law, for my gui-
dance, and for yours, whatever may be our in.
dividual convictions upon the subject. If ther
prison cannot be built, under State laws, fol
the detention of fugitives-if prison already
built, and subject to State regulations and rules
respecting its inmates, cannot bo used; and if
in short, all State Legislation, of whatever kind
is prohibited by solemn decree Of the Supreme
Courts it not more than idle to pass an act
restorative of laws thus expressly declared and
known in advance to be unconstitutional. The
writ of habeas corpus would run into these un.
constitutional places of detection the federal
judiciary would themselves have To decide Tho
question. The State Judges, in counties whert
there is no United States Judge, and where thu
fugitive is committed by mcic Commissioner
would be required to issue tho writ of right
and that which the friends of this repeal hav
claimed as great boon to the claimants, woul'
be worse than mockery The claim he ha
now on the Marshal and his sureties, for indem
nihcation for the escape of his servant, wonl'
be converted into barren claim against eoun
try jailor, whose first duty would be to dis
charge prisoner thus held, If he claimed hi
liberty. Not so was the law formerly, and be
fore it was decided that all State legislation ol
the subject is prohibted-not so will it be here
after if the principle of the decision Of the Su
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