Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1855-09-29

has any effect upon this question whatever. II
is q question to be decided by the law of the
state where the person is for the time being
and that law must bc determined by the Judges
of the state who have sworn to support the
Constitution of the state as well as that of the
United Statrs-an oath which is never taken
by federal Judge
Upon this question of jurisdiction it is Who'll
y immaterial whether by the law of Pennsyl-
yania Il Shareholder has or has not the right of
passing through our state with his slaves. If
he has the right, it is not in virtue of the con
stitution or laws of the United States but by
law of the state, and if no such right exists it
IS because the state law has forbidden it. or
has failed to recognize it. 1t is for the state
alone to lcgislate upon this subject and there
| isnO power on earth to call her to an account
for her acts of omission or commission in this
behalf .
If this case could, by any reasonable con-
struction be brought within the terms of the
third clause Of the second section OF Article
-Four of the Constitution of the United States.
| jurisdiction might be claimed for the Federal
! Courts, as then it would be a case arising un-
der the Constitution OF the United States, al
though | believe the writ of haJcaS corpus is no
part Of the machinery designed by Congress
for the rendition of fugitiyes from labor.
" No person (says the clause above mention.
ed) held to service or labor in one state under
the laws thereof, escaping into another, shall,
iii consequence Of any law or regulation there
in, be discharged from such service or labor,
but shall be delivered up on claim of the
party to whom such service or labor may be due. F."
| BY reference to the debates in the ConyeIl-
ton, it will be seen that this clause was inscr-
ted at the request Of delegates from southern
states, and upon the declaration that in the
absence OF 4 constitutional provision, the right
of reclamation would not exist, unless given by
state authority. If it had been intended to
cover the right Of transit, words would have
! been uSei cyidcnCing such intention. IIaDply
there is no con.raliety in the construction which
| has been placed upon this clause in the Con-
stltnton. No Judge has ever SO manfcStly
dlsrcgardcd its plain and uncquivocaI language
as to hold that it applies to q slave voluntari-
| ly brought into state by his master Upon
the contrary, there is abundant authority that
such a case is not within either the letter or
the spirit of the constitutional provision for
the rendition of fugitives from labor Said
Mr.. Justice Washington, in er partc Simmons,
6 w. c. II. Reports, 396 =
The slave in this case having been voun-
tarly brought by his master into this state
! | have no cOgniZance Of the case 50 far as
respects this application, and the master must
abide hy the laws of this state, so far as they
may affect his right. If the man claimed as
slave be not entitled to his freedom under the
laws OF this state, the master must pursue such
remedy for his recovery as the laws Of the state
have provided for him.
In Jones 0gi. Vandzandt, 9th Howard, 900,
Mr.. Justice Woodbury. uses language equally
expressive - But the power of national law
! (said that eminent jurist) to pursue and regain
most kinds of property in the limits of foreign
! government is rather an act of comfy than
strict right, and hence as property in persons
might not thus be recognized in some of the
states in the Union, and its reclamation not to
be allowed through either courtesy or right
this clause was undoubtedly introduced into the
constitution as one of its compromises for the
safety Of that portion Of the Union which did
permit such property, and which otherwise
might often be deprived of it entirely by its
merely crossing the line of an adjoining state :;
this was thought to be too harsh doctrine in
respect to any title to property of a friendly
neghbor, not brought nor placed in another
state under state laws by tie owner himself but
escaping their against his consent, and forth
with pursued in order to be reclaimed
Other authorities might be quoted to the
same effect, but it is not necessary for if it be
not clear that one voluntarily brought into n
state is not Il fugitive, no judicial language can
ever make so. Will we then, for the " sake of
sustaining this judicial jurisdiction" presume
that these slaves of Mr. Wheeler escaped from
Virginia into Pennsylvania, when no such ale
cation was made in his petition, when it is
expressly stated in the petition of Mr. William
son, verified by his affirmation, that they were
brought here voluntarily by their master, and
when this fact is virtually conceded by the
Judge of the District Court in his opinion !?
Great as is my respect for the judicial authori-
J ties of the federal government, | cannot con-
sent to stulify myself in order to sustain their
unauthorized judgments, and more particularly
where, as in the case before u.s. it would be at
the expense of the liberty of a citizen of the
commonwealth.
The only remaining ground upon which this
! jurisdiction can he claimed is that it was in q
controversy between citizens of different states,
and | shall dismiss this branch of the case
simply by affrming-lst, that the proceeding
! by hG6edS corpus, is, IN no legal sense a contro-
ycrsy between private parties f; and if it were
to the Circuit Court alone is given this iurisdic
ton. For the correctness of the first position,
| refer to the opinion of Mr.. Justice Baldwin
in Hcfmcs agt. Jcnni(n, published in the
appendix TO II Peters, and to that of Judge
Belts, OF the Circuit Court of New York in
barry ast lierecjn ct ol, reported in 9th How
ard 103 Aud for the second to the llth
section Of the judiciary Act, passed on the
oath of September, 1893 s
My view of this case has been committed to
writing before had seen or heard the opuion
Of the majority of the court Having heard
| ii hastily read but once, may mistake lis pur-
port, but if do not, it places the refusal OF
the AabeeS corpas mainly upon the ground that