New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-16
THE FUGITIVE SLAVE LAW.

Gov. Brown has lad before the Legisiature vi
Georgia, he dwells at length and with much en-
phasis upon the Fugitive Slave act, and the legs-
lation in regard to it of several Of the Northern
States.
According to the Interpretation which the Gov
ernor puts upon the fugitive clause in the United
States Constitution, the return of fugitive slaves
is a duty imposed on the States, in their State
capacity, and one which they are bound to regu-
late and to carry out by their own laws and their
own tribunals. He makes it heavy charge
against us that this duty thus imposed by the
Constitution, has been wholly neglected.
In taking the Northern States TO task on this
score, the Governor betrays a singular ignorance
or oversight. 1t was the very attempt on the
part Of the State of Pennsylvania to regulate
this subject by State laws, and the decision OF
the Supreme Court of the United States that
the States had no authority at all to egislate on
the subject of fugitive slaves-that authority ap-
pertaining exclusively to Congrcss-whch gave
occasion primarily to the State laws of which
Gov. Brown 30 bitterly complains.
The springing up of the domestic slaye-trade, for
the supply of the Southern cotton plantations which
had it, rise shortly after the close of the war of
1912, produced among the negroes OF Maryland
and Virginia, an alarm and apprehension
which led them TO run away in much greater
numbers than formerly. Many of these fugi-
tlyes took refuge in the neiehboripg State of
PENNSYLVANIA; and the attempt, on the part OF
persons claiming them, to seize and carry them
of. Often without any process of law, gave occa-
hraa OH ,f no
Nor was this all, nor the worst.
A temptation to kidnap the free negroes along
the PENNSYLVANIA frontier was held out by the
chance of selling them to the traders engaged in
supplying the Southern market; and 1t was
alleged that the aid Of ignorant and mercenary
Justices Of the Peace, acting under the Congress
sional Fugitive Slave act of 1898, was occa-
sionally employed for that purpose. An attempt
was made in 1877 to obtain from Congress
modification of that law to guard against these
abuses. This attempt having failed, the Legisla-
ture of Pennsylvania interfered. Upon the
strength of recent decision of the Supreme
Court of the United States, that Congress had no
authority to impose duties on State functionarlcs,
and in consequence of decision by their own
Supreme Court, that certificate, under the act
of 1893, for the removal of an alleged fugitive,
once granted, was final and conclusive, and
could not be called in question by any process
of review or determination, the Legislature Of
Pennsylvania passed, in 1890, an act foridding
Justices Of the Peace to exercise IN authority
Of 30 high nature, and restricting that author
ty 10 the Judges Of the County Courts, who
,x,bop Tod
certificates to file with the Clerk of the County
q record of the whole proceedings containing
the names Of the parties and witnesses, and
statement of the evidence ON which the certif-
cate had been granted. Severe penalties were
also added against the carrying out of the State
without process whether by force or stratagem
any negro or muotto, with intent to hold or
sell him slave.
The revised code Of Ncw-York of Io27-3O i'm
posed similar restrictions on the action of her
magistrates and judges under the act of 1898;
and New-Jersey, in 1896, adopted substantially
TIE act of Pennsylvania. But in 1912 the Su-
premc Court of the United States decided, in
the lumous ease of Prigg vs. Pcnnsy lvania, that
the States had no right to legslate at oil on the
tuDttb VI inc ittuiH VI ihub
being right exclusively apertaining to Congress
This decision was very i'll received throughout
the Free States 1t was regarded as a curtal-
mcut Of their righiiul authority over the subject
of the surrender of fugitive slaves, and it led to
the passage by most of the Northern States of
acts iorbiddng the State officials TO aid in en-.
forcing the act of 1898. Since the Supreme
Court of the United States had decided that the
return of fugtiSes from labor was exclusively an
affair of the General Government, the Northern
Suites preferred not 10 BE- at oil mixed up or
implicated in the matter.
Next cams the Fugitive Slave act of 1850
That act at the time of the passage was regarded
throughout the North as exceedingly harsh and
arbitrary, il not as actually unconstitutional. Ii
was considered to put in peril the liberty OF
free residents and citizens Of The Northern
Staies who were exposed TO be- carried of under
III provisions upon mere primo joeie ease. IT,
seemed 10 rule personal liberty aud tie right Of
man 10 himself M Of far less consequence than the
question Of tsc ownership Of the most lrHnq picce
sc pcrsUral property. In ihr passage OF that law
nothing .se,nei to be regarded BIT toe conYenieac-