The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1856-02-07
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1 Pennsylvania. So ~
The COMMITTEES on the Judiciary, 10 whom
was referred the petition of Col. Joseph Pax
ton, of Ca,iawisss, praying for an enactmeLt
of law securing 10 lhs citizens Of slavehold.
ing States of this Union, The right OF frdnSf
through this State, with their slave property,
respectfully report:
That they have had the subjec, Of the pray
or of the petitioner under consideration, and
have come 10 the conclusion that the righ, Of
transit through Pennsylvania, with their
slaves, is already secured TO the citizens of
the siaveholding States by the law of ma.
lions aud the federal Constitution, and that no
statute of THIS State affects 10 disturb that
right. 1a
Befors the adoption of the Constitution of
1857, slaves were held and recognized as
property 10 all the States OF the confederation
save one, Each Slate. was sovereign and
independent republic ; and that comfy which
Is recognized by the law Of nations, as exist
ing between friendly! powers, extended 10
and prevailed among ihe.several States, and
The right Of transit with their then undispued
properly was mol con,ravered.
Upon The adopion.of the Constitution, pro-
periy in slaves was positively recognized, and
especially protected By The provision for the
rendition Of fneitives from labor. Slaves
were Recognised as legitimate proper,y at that
time, not only by the federal Constitution.
but also BY the laws of The severals States of
The Union, including Pennsylvania, Having
adopted the Constitution, and thus plighted
her honor to lhelfaithful observance OF all IFS
covenants, she will not now dishonor herself
BY denying her bond, or .vIolalinglany of lis
obligations.
The law of nations gives the right Of peace.
able and ordinary transit to both person and
properly, and that right is ratified and con-
firmed by the. Cons ituton, gmore especially
in the clause which reserves to Congress The
exclusive right to regulate commerce among
the States. This reserved power is cons,ru.
ed by the Courts 10 include intercourse and the
transportation Of property, and most clearly
excludes the right of individual States 10 pro.
hiba intercourse and the transportation of pro.
perry ID, Of course, referred 10 the locus in quo
OF the alleged owner. The Constitution de.
clares that 'the citizens OF each State shall
be entitled To all the privileges and immuui-
Ties of citizens in The several States" and will
any Pennsylvania deny lis own right to
pass with his property over and along the
public highways of Virginia? And if he
will not, why are the rights of the citizens OF
the Two States moi reciprocal?
Your committee. derry that Pennsylvania
has passed an unconstitutional law, interdict-
ing peaceable and friendly intercourse be-
tween the citizens OF the several sister States
of this Union, and refusing TO permit their
properly TO accompaEy.sthei persons. The
act of The Pennsylvania Legislature ofthe Isl
OF March, 1880, as explained by the act oi
the 2sth OF March, 1888, recognizes the prior
right Of persons, with their domestic slaves,
to pass through and sojourn in this State 70,
six months, and does moi attempt 10 disturb
. that right, but declares all slaves 10 be free
who are retained by Inhabitants residents
and intended residents. Thus we have q
clear distinction made aud kept up between
the rights in this respect, of passers through
and sojoumers, ard inhabitants, residents, ant
intended residents. ' tsH 1'i.s'a 1'
Then comes the act of Sd Of March, 1847
which repeals so much of the act of 1880
Has authorizes the masters or owners o
slaves 10 bring and retain such slaves wI,hir
the Commonwealth for the period of ST,
|, months, in involuntary servitude, or for any
. period OF time whatsoever" We believe iha
this acl hugs the wind closely, and sails be
tween The rock of the Constitution on the ont
hand, and the whirlpool Of its open repudia
lion on the other. Ii does moi pnrp0n 10 take
, away from their masters the domestic slave,
, attending upon their persons, as they pas
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 sojourners, but i
cannot reach persons or slaves M transitu, be
cause they are 10, both brought and retained
!, within this Commonwealth. An act of As
, sembly will moi be construed TO be uncop
siilutonal by implication, nor when con
sliluiional construction. can be..fairly given tt
il.
$ THIS Commonwealth has properly abolish
ed slavery within her own bounds, bu, be
yond them she has no jurisdiction over it,
> Our Southern brelhern are protected in thei
1 property by a stronger bulwark than an ac
!, of ths Pennsylvania Legislature; and you
= -cnmmiiiaa oanEnt-cnnsent 10 disgrace ou
n Commonwealth in the eyes of the civilized
/. world, By assuming TO give that which shs
: has neither the power nor inclination to taks
away. r.f5ss.ts. q, -a 1st e,aji
!. Your committse therefore recommend the
, adoption ofthe iollowing resolution; ,,.. e.
|. Resoiued, That the Commiiiee be discaar
$ ged from the further consideration OF the sub
d lIscl, .efaes ,sadst s.at
3 Virginia and Pennsy ipania- -Ae9uitalof Par
sons-A jury al Holldaysburg has saved yir
ginia the necessity of passing any more slrin
n gent laws against Pennsylvania. The jury
: has said that Parsons, who was accused o
r kidnapping and assault and battery. in IN,