New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-01
SLAVERY IN PENNSYLVANIA.

We yesterday published the Report of the Minority
of the Judiciary Committee in the Pennsylvania AS
semby on the question of allowing slaves to be carried
through the State. We now give the Report of the
Majority of that Committee, who hold that such a
right of transit already exists:
.sThe Committee on judiciary, TO whom was re-
erred the petition of Col Joseph Paxton of Catta-
wssa praying for the enactment of law securing 10
the citizens of SlavehOdng States OF this Union the
RIGHT of transit through this State with their slave
property, respectfully report that they have mad the
subject under consideration, and have come TO the
conclusion that the right OF transit through fennsy
yania with their slaves is already secured to the cit
zens of the Savehoding States by the law OF nations
and the Federal Constitutions and that no statute OF
the State affects TO disturb that right Before the
adoption Of the Constitution Of 1877 slaves were helu
and recognized property IN al the states Oh .he
Confederation save one. Each State was sovereign
and independent Republic, and that comfy when Is
recognized by the law of nations as existing between
| friendly powers extended to and prevailed among
theseyeral States and the right OF transit with their
| then undisputed property was not contravened.
"Upon the adoption of the Constitution property in
slaves was positively recognized, and especially pro-
tected by the provision for the rendition OF ugtives
| from labor. Slaves were recognized as legitimate
property at that me not only by the Federal Consti-
tuition but by the laws of the several States OF the
| Union including Pennsy lvania.
"Havng adopted the Constitution, and thus pighted
her honor TO the faithful observance of all its covenants
she will not now dishonor herself by denying her bond
or violating any of its obligations. The law OF nations
gives the right of peaceabe and orderly transit to both
persons and property, and that right Is ratned ana
confirmed by the Constitution more especially In the
clause which reserves Congress the exclusive right to
regulate commerce among the States. ms reserved
right is construed by the Courts to include Intercourse
and the transportation of property, and ana most
clearly excluded the right of individual States 10 pro-
bib intercourse and the transportation OF property.
The question of property of refers 10 the locus
in quo of the alleged owner. The Constitution de-
cares that "the citizen of each State shall be en-
Titled to all privileges and immunites OF citizens In
| "tbe several States" and will any Pennsy vanian
deny bis right to pass with bis property over ana
along the public highways of Virginia. And If he VIII
not why not the rights of the citizens OF the Two
| Your Committee deny that Pennsylvania has
passed an unconstitutional law interdicng peace.
able and friendly intercourse between the citizens OF
the several sister States of this Union and refusing TO
| permit their property to accompany Their persons.
The act of the Pennsylvania Legislature OF LIST March,
$780, as explained by the act of Goth March, 1888,
recognizes the prior right of peons with their domes-
tic slaves to pass and soourn in this State for SIX
months and does not attempt TO disturb that hight,
but declares all slaves to be free who are retained by
inhabitants residents and intended residents. Thus
we have clear distinction made and kept up between
the rights in the respect of passers through soourners
and Inhabitants residents and intended residents.
"Then comes the act Ofthe Sd of March, ls47 which
repeas so much of the act of 1880 as authorizes the
masters owners of slaves to bring and retain such
months in involuntary servitude for any period of
time Whatsoever w believe that this hugsthe wind
closely and sais between the rock of the Constitution
on one hand and the whirlpool of its open reputation
| on the other. 1t does not purp0t TO take away from
their masters the domestic slave attending upon their
persons as they pass through this State II does not
prohibit the bringing of them within it. 1t only for
bids the bringing and retaining of them here. 1t may
affect the slaves of soourner but it cannot reach per-
SONS or slaves in transit because they are not both
brought and retained W thin this commonwealth An
act of Assembly will not be construed TO be unconsti-
tutional by implications, when constitutional con-
| struction can be fairly given to il.
This Commonwealth has properly abolished Slav-
ery within her own bounds but beyond them she has
no jurisdiction over It. Our Southern brethren are
protected their property bya stronger bulwark than
an act of the Pennsylvania Legislature and your Com
mttee cannot consent to disgrace our Commonwealth
in the eyes of the civilized world by assuming to give
that which she has neither the power nor the mcna-
| ton to take away.
"Your Committee therefore recommend the adop-
ton of the following resolution:
Resored That the Committee be discharged from the fur
ther consideration Of the subject"