The daily union., 1852-04-14
N: WASHINGTON, WEDNESDAY MORNING, APRIL IA, 1852.
sPEEoH or mR. poSaAm.

Bia No o5, lholse fis) 10 repeal hs Sinh Seeon Of
he dct Of March 3, ls47.
Mr. SPEAKER The bill, as il now stands before the
house is 10 repeal the sixth section OF the OF March
ls41 ITO prevent kidnapping preserve the public peace
pohiot tue exercise OF certain powers heresooro
sssa q ss ussss Fl the aldermen and @
laws II also provides that the provisions OF the OF
9th December, 1859, and its supplement OF March g.
OF the United States and hostages and prisoners OF war
be extended to ugityes from labor which provision the
amendment OF the gentleman from Delaware Mr. Broom
ALL proposes TO strike from the bill Under your decis-
ion The merits OF this whole subject open for discus
sion, and much OF what will say now | would have
said perhaps after the pending amendment had been dis
posed OF, by either it's adoption or rejection.
With the exception OF the first and second sections OF
the act OF lsI7, which sections merely change the crime
OF kidnapping from felony 10 misdemeanor the whole
act Is equally Objectionable the section now pro-
posed to be repealed
The third section prohibits any Judge, justice OF the
peace, or alderman from exercising Jurisdiction akng
the act OF Congress OF 18th February 1793 mentioning
by date and title, under penalties, and thus
direct opposition TO what was at the time OF lis passage
the paramount law of the land II passed right in
the face OF the act of Congress and nuhed its provisions
so lar as State law could effect that object Since the
passage OF The act OF Congress of 18th September $780,
commonly called the fugitive slave law which author
ICES the appointment OF commissioners by the circuit
courts TO udicate OF this kind this third section
is comparatively harmless.
The fourth section renders the of fugitive or
his agent liable for breach Of the peace and subjects
him 10 fine and Imprisonment should il in the
OF such fugitive, whether that breach Of the peace be
caused by The master his agent, by the slave him
SELL IN resisting arrestand this when the
has proper authority, and when the arrest is made for the
purpose OF taking the fugitive before any district or cir
cult Judge OF the United States.
Ihe NTH section authorizes the issue OF writ OF hdbeas
corpus at all times" application made "to inquire
INTO me causes OF The arrest or Imprisonment OF any hu
man being within this Commonwealth" Now, sir, this
wrt OF right is provided for by the of the constu
ton OF the United States and also of the State OF Penn
sylvania and by statutes in force the passage OF this
act and II this section means anything, 1t means that
writ OF hdbeds corpus may be issued after hearing
has been had before judge, justice OF the peace alder
man, and certificate OF removal been awarded, under
the provisions OF The act OF Congress of 1893 Unless il
means that, II means nohing is so much waste paper,
i is doing useless hng-lti Is pling Peon upon Ossa
The object 10 hwart and avoid the act of Congress-
by throwing lmpedlments IN the way OF carrying Out its
provisions.
The seventh section repeals so much of the act Of
March lst, 1850, " for the gradual abolition of slavery"
as permits persons to pass through our State or soourn
here Tor the period of six MONTHS with their servants,
without their being subjected to emancipation laws
This section is dscoueous, and can have other effect
than 10 crcumscrbe the rights OF hospitality and prevent
persons from entering borders from the whole south
ern section OF the confederacy The act OF l7S0
drawn by Dr. franklin as pure patriot and Phanthro
pst, perhaps, as any OF those who framed the act OF
ls47 This seventh section also repeals much OF the
act OF 1s0 prevented slave from being witness in
court, which part OF that act was merely affirming the
common law that subject, and should be suffered
remain.
But, sir, did not read this bill in place SO as TO en-
brace all the obnoxious sections OF the act oil ls47 above
stated, Tor the simple that knew that could
not pass the ordinate branch OF the general assembly,
as that body Is now constituted.
do not propose 10 enter into extended argument
TINS question, but merely 10 give simple statement OF
historical facts connected with the legislation by Con-
gress and the legislation OF this State pertinent to the
subject. matter OF the bill before the house.
IL well known, sir. that the institution OF slavery
listed in most Of the colonies at the formation of the gov
ernmenl believe in all except Massachusetts and Penn
sylvana. Even in Pennsylvania il existed 10 limited
extent as the act OF 1850 gradual IN It's operations
II was evil, political and moral which had been en-
tailed upoh us by the mother country and the commercial
nations OF Europe The slave trade had been
Throughout, the then civilized world as legitimate traffic
With this state OF facts the of the revolution had
TO struggle. II led 10 conflict in the convention which
framed our national constitution. This led TO three
fold compromise the subject OF slavery in that con-
vention. The men OF the South said, have popula
ton among that cannot make either political
social equals, and yet they important part OF
populaon-a population which helps 10 produce our ma
uona wealth and fill the Golfers OF national treasury.
They remained At home and TILED the fields when
The deleg from the North responded the Justice OF
this appeal, and the South given lis due weight 10
the national councils The first feature OF the compromise
therefore, consisted in making the slave population part
OF the basis OF representation For instance in making
up the required population OF thirty thousand for
Der Of Congress- which the ratio at that time, five
slaves were counted as three white persons.
The second feature OF the compromise was the pro-
vision Tor the rendition OF fugves from labor, IN the
non. observance OF which subsss the present difficulty
between the two sections OF the Union 1t provides that
they "shall be delivered up on claim OF the party TO
whom such service or labor may be due"
The third branch OF the compromise In the formation
OF the constitution, was the compact that the foreign
slave trade should on and after the year lS0s
This a concession by the South to the moral sen
ment OF the North that subject. and has been faith
fully observed by 'be South in the enactment OF laws by
Congress for It's suppression.
The same section OF the constitution which provides
for the rendon OF ugitves IRON labor provides also for
the return OF ugves from Justice In the year 1871 the
governor OF Pennsylvania made demand under this lat
ter provision upon the governor OF Virginia for the sur
render and delivery oil three persons who had been in
diced in Pennsylvania Tor kidnapping negro and carry
ing him TO Virginia. The governor OF Virginia refused
TO surrender them the ground that the constitution bad
provided means and prescribed no method for carry
ing the provision into effect
This led to the enactment by Congress OF the law OF
18th February, 1893, during President Washingon's ad
minsaon, which law gives Judges Justices OF the peace
and aldernen-or in other words magistrates OF a
", city, town corporate in any Saleconcurent luris
dcon with the judges OF the circuit district courts OF
the United States in the reclamation OF fugi,ives from
labor
So far as Pennsylvania concerned, this law was
aeqoiesced and consIdered Just and equitable uat in
1920 and after that period il began be alleged that the
tribunal OF justices OF the peace strong enough
and that, either through ignorance corrupt motives
many flee negroes sent into slavery The agitation
State OF Maryland, southern border State,
ncaie with the legislature OF Pennsylvania In any pro-
pofed legislation this subject ana il resulted in the
passage of the act OF 25th March, 1926.
This act made most material changes the mode OF
covering fugitive slave from that prescribed by Con-
gress by the act OF 1898.
BY the law OF Congress the master could arrest his slave
fhnut nnra tpfl al