The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-31

D
The ccl,i u'ion Gee hatI he ei i1eas Of each
Sste shall be emf leo all privileges and ialnuntes Of
QUEENS la fbs several STATES, aud wiil any tenasy
vauisn deny hsovn ghttopass with hi propsrty OYER
snd along the sublc highways OF virginia. And II ne VIII
not Why not the rights OF TIE citizens 81 the two
Your committee deuy tn It Pennsylvania has passed an
unconsi u'iona law intsrdicng peaceabe and friendly
intercourse betg cen The citizens OF the several
sister States of this Uni n, and refusing TO per-
nit their property to accompany their person. The
act of the Pennay legislature of 1 March, $780,
explained by tire act Of 10Th March, 1858, recognizes
the prior right OF perscns with the domess slaves TO
not st'emp cs.utb that right bat declares all ssves
to who aimed by iphs ants residents aud
made and keut up between the rights in the respect o
through sjourners and inhabitants residents
Then &c ms the act Of the Sd Of March, 1877 which
pesls much Of the act Of 1880 las authorizes the
ter Of slaves TO bring ana rs.sa saoh aves
with this for the period Of six months In
Involuntary erviuds for any period Ct time whatsoey
er" We oeieve thai thu1ct hugs the wind cosely aaa
the whirlpool OF it's open epudaon the 0aer 1t does
not pupor to AXE a~ay from their masters the domestic
this Sa,e. IL prohibit the bringing Of them
Within IT, tony f'rbds The bringing and reis.ing Of
reach persons slaves in transit because they
not both brought aud retained within ibis common
stiptopal by implic.,i: ns, when constitu
tional ccnsts uction can o. fairy given 70 it.
within her own bounds but beyoad them she has no
jurisjic i'm it. Our Son .hern brethren are pro-
1 S y and su Hoar nsn
cannot disgrace cur COMMIT pa eafth in the
eyes OF The civ1iz-d world by assumog 70 give that
which she has Dti her the the inclination 70
tshe away.
Your ,ommi tee therefore recommend the adoption Of
;, Is solved Iha, he COMMITTEE be discharged ieom the
turther CONSIDERATION Of The suhj scs.
The uHdersier ed of the judiciary Committee
beng unahe TO with the majority o. said com
the and pnsipes set for h 10 their able
r.,
ut tafs VISA praying the l4gsatute u enact law
securing to the zebs of sisveholdog Staes Who may
pass thtopgh is nansieotiy sojourn
therein with tnsir SLAVES all the rights OF Dropoty in
said savs goaan.ecd to Thorn BY ,he laws Of any other
sias and Easing penal osuss TO attempt by word Or
deed to de,oy. or in any manner 70 ALLEVIATE the said
slaves from ,her Faid owoera against the SAID snsrs
PEOPLE Of the commonwealth, that they Should set forth
The ground Of tneir dissent.
transit through Ferrs kania. with heir slaves, is al
ready secured to the citizens Of the saychodeg States
hat statute Il ttis State affects to disturb IL Neither
give the reasoning ana doctrines
hot propoe to advance shy views in conflict with the
vested rights Of the slayenodjDg States to npuga the
ha vsasd sro.ns ont Of % iona
aton on the subject OF slavery much less &c We inend
to eiacuss the great moral and political evils Of slavery
| from which this commonwealth has happily
exempted by the humane and enlightened legislation Of
the past gradually removing this pernieiou Institution
We snail oonns our remaI to the
points in which we differ fIom the majority. ..
1st We hold that slavery Is exclusively local insh
tu',on and that is NOT gnzed By tbs law Of ma
,uIe the Law the civil law. Such Il she OPT
nj n Of tire aoess Writers en- jurpradence Blackstone
law of nature and the law OF revelation depend all hu
suffered to rsdct these The law Of Eogand abhors
ard will not endure the existence Of slavery wiain this
naticr slave or negro the instant he land in Eng
elusive Jurisdiction Of England he to be slave
because the Law Ct Eugland positively and notcrously
aIo<i
| tween man and This admi tel and
pressed by Mr Neoer Secretary OF State. ia his
(Websers Works vol s, p s15 The civil law takes the
same view Of slavery and declares 1t to pc against the
Law Of Nations book 2, CHI o. When cur forcathers
enigrated TO this country they brought with them the
common law of England, and has become the basis Of
Cd We held it to be equally clear that the rights Of
shareholders TO PISS through or soiouIn il this State
with their slaves rot conceded by thu Law of nations
We have already shown thst freedom is the brthright
and The natural ndition Of Story in his Compa
ton Of lava, see. loi, ssys"Persona disc ,aton
Lot arising from The of nature bnt tom customary
posi- i've laws OF foreiga country especially such as
of penal nature nature not generally regarded In
Their countries where the like dsquafcstions do not
Aist They aie strictly tenitoral SO the state of ss
cry will not be recognized in any country whose insti
uops ard policy prohibit slavery"
The law Of slave in iaran, and when Save gets
out & the territory ybere rails and out Of the
Of his nsstes ar gets under the protection Of another
power, without sDy wrongful AIT done by the parry Civ
rg that protection, The right CT the master, which u
only, Coos MT continue The fast OF slave icing taken
TO country wteIe slavery involuntary se-vsude is
not toera ed operates the condition Of the slave and
Prsd pces imnetise ensDepaiion. &c Louisians Rep,
4Se. Louisiana Rep 172) Slavery exists vny BY virtue
save escapes from such State to fes stats he is Free
according to tire principles Of common law and rscapure
and sct Of Cong there aye no general principles in
the law Of pa,ios which require uch surrender ones
State to SLAYER; in another State dc
Peters r. tS9) the state Of slavery, IS to foreign
slaves found within the territorial ominons when It'll in
opposition tos own policy and institutions, In favor OF
| the subjects q other nations.
The stste ef slavery teemed municipal regals
ion founded and mi5ed to the range Of territorial
laws &c Peters Gil And 1t is well settled with respect
to their municipal regulations that the several States Of
this unisn to each other foreign. q wash 27s)
appears. Therefore that by law of nations the slave
holder would have right to pass through our state
by tho ecny q M u.s. For it appears 70 BE- just as
well settled that that which ia called con,iso conamu
rates--comi,y between States OF nsticns-cannos
prevail in any case where IL violates the hv OF our
country, the law of nature the law Of God orbes vs..
CochIan Barr Cress, 4s3 IL has been clearly shosn
of rations and we shall presently show that It is also
against the Is ws Of Fepnsy lvsnia.
oil the United States. The clause Of the constitution cited by
the majority Of the committee under which tia alleged
right Ut tantit is claim ed Is article pArt3Con-
gess lhan have power regulate with foreign
nations among the vcial States AMI With tbs Sc
Of each State tba BE- entitled to an the privileges and
immunites of c1izens of the several States"
Chief Justice Narhall in the Of Giobon vs. Ogden
| 20 Wharton, 1885, in copsruirg article /, sec 8,
part Q, Of the constitution and the powers Of
Congress to regulate conmerce between the States,
says: ihe gesios character Of the whole go7
eminent seems TO be that lis action Is TO be applied
to oil the external Of the naen and TO those
internal which affect the States generally, but
not to those which completely within particular
State, ard which 20 not affect other Sates aud With
which it Is Necessary interfere for purpose Of
executing of the general powers Of the govern
mept.
The complete internal commerce OF State thon may
lp 10 q.
clearly shown thar IL local and purely the
ton OF municipal rtgula ion that u is looked With
dsfbvcr Is not Recognized by The common law the
law # nations the Of ma This caufe Of The
constitution gives Congress the right to regulate
spd Ii the construction put upon IL in the report
Ct the ns iiy be correct tten Congress has the right
to Iteu mtrce IN slaves between The STATES, aed