Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-02-12

TRANSIT OF SLAVES
THROUGH PENNSYIsNI4kN14A
This subject has specially excited the public
attsntion ever since the seizure in Philadelphia
of a slave belonging tosfr j. H. Wheeler, when
passing through that city. It hasbeen brought
before the Legislature of Pennsylvania, and the
Judiciary Committee of the House of Represen=-'
tatives Of that State has submitted two reports
on Inc aubjeet
The Majority Of the Committee argue that the
rightof citizens of slayeholding States to transit
through Pennsylvania with their slave property
il abundantIy secured both by the lawof nations
and the Federal Constitution, and that no local
Legislative enactment can impairor disturb rights
so clearly founded in justice aud comfy. The
committee say that before the adoption of the
Constitution of 1887 slavery existed in all the
States but one, and the right of transit among
them with slave property was undisputed. Upon
the adoption of the Constitution property in
slaves was positively recognized and especially
protected by the provisions for the rendition. Of
fugitives from labor Pennsylvania, having
adopted the Constitution, aud thus pledged her
honor to the faithful observance Of all its cove
nants, will not now dishonor herself by denying
the bond or violating any of its obligations
The committee say:
1.-The las Of nations gives the right OF peace
able and orderly transit to both persons and pro-
perty. and that right is ratified and confirmed
by the Constitution more especially IN the clause
which reserves to Congress the exclusive right
10 regulate commerce among the States. This
reserved power is construed ny the courts tolin-
eludc intercourse and the transportation ofPro-
perry, and most clearly excluded the right OF IN
dividuals States To prohibit intercourse and the
transportation of property The question OF
property Of course referred to the locus an quo
Of the alleged owner The Constitution declares
that the citizens of each State shall be entitled
to all privileges and immnities OF citizens IN the
several States aud will any Pennsylvania de-
ny his own right TO pass, with his property, oy-
er and along the public highways of Virginia,
and il he will not, why are the rights OF the citl-
zens of the two States not reciprocal"
They deny that Pennsylvania has passed an
unconstitutional law, which would deprive the
citizens of other States pass through the State
accompanied by their property, and explain the
Laws upon the subject as follows:
s.The act of the Pennsylvania Legislature of
March l, 1880, as explained by the act of the
Goth of March, 1873, recognized the prior right
of persons with their domestic slaves, to pass
and soiourn in this State for six months; and
does not attempt to disturb that right, but de
clares all slaves to be free who are retained by
inhabitants, residents, and intended residents.
''Then comes the act of the Sd of March, l947,
which repeals so much Of the act Of 1880 as au-
thorizes the masters and owners ofslay to brany
and rsttgii. such slaves within this Common
wealth for the period of six months i'll involun-
tary seryitude, or for any period OF time what
ever We believe that this act hugs the wind
CLOSELY, and sails between the rock OF the Con
stitution on one hand, and the whirlpool OF its
openrepudiation on the other. It does not pur-
port to take away from the masters the domes-
tic slaves attending upon their persons as they
psss through this State; it does not prohibit the
bringing Of them within it, it only forbids the
bringing and retaining of them here. 1t may
effect the slaves Of Sojourners, but 1t cannot
reach persons or slaves in transit because they
are not brought and retained within this COM
monwealth.
The majority report concludes by, asking to be
discharged from the further consideration the
subject; and the request was granted
A Minority of the Committee, consisting of
three members, submitted report cOntroverting
the positions assumed by the majority. They
hold that slavery is exclusively a local institu-
ton, not recognized by the law Of nature, the
common law, or the civil law. They deny that
the law of nations and the Federal Constitution
confer upon shareholders the right Of transit
through Pennsylvania with their slaves, and
say
''If this right of transit with slaves is incor-
uorated in the Constitution itself, then all State
laws prohibiting Decentralization of slaves would
be Unconstitutional, and consequently void. But
several of the States of the Union have enacted
Just such laws, and they have been passed upon
by the Supreme Court of the United States, and
their validity has never been doubted" ~