Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1860-12-04
The fugitive Slave Law Of 1850

There is a great deal OF misconceptio-
current in relation 20 the Fugitive Slay
Law enacted by Congress in 1850. TA
law was approved by Daniel Webstc
Henry CLAY, Willard Fillmore, John Bel
and by the whole Democratic party, ard
by the most eminent jurists OF the coun
try. An article in the Lcaycr, yesterday
assumes tho; there is something peculiar
and inyidious in that provision which ai- 4
ford TO this law the supl ort OF the Po2'a
coaita,uS. The fact is simply this: many
Of the States, among them Pennsylvania,
prohibiting their magistrates from carry
ing out the act OF 1913, it became necessa,7
ry for Congress o provide rev function
aries before whom should be conducted the
proceedings necessary to give effect to the
" Article of the Constitution Of the Uni
ted States:
no person held to service or labor in
one State under the Laws therof escaping
into anotf er shall, in consequence Of any
law or regulation therein, be discharged
from such service or labor, but shall be
delivered ur on claim Of the party to
whom such service labor may be due
The Federal Courts and their Ma:hals, Of
course, had authority to act, bat they arc
"fcw ond far ctwcen," and could not sup.
ply the place Of tho State ma-istratcs
whose services mad been Withdrawn. Tn.
der this necessity, the act of Congress Of
1850 authorized The appointment. Of U. $.
Commissioners to cNcrcis3 the functions
.of magistrates to the Commissioner and
to the Marshal, or constable appointed to
execute his process, it was Necessary, rs
they were rcwly created officers, express.
ly to give the power invested IN similar
.functioaayies, 10 call upon the posse com.tt
hs, in case Of resistance to their authority.
This and nothing more was done by the
act of 1850. 1t simply gives authority to
such Commissioners, or the persons to be
appointed by them to execute process az
aforesaid, to summon and call to their aid
tho bystandcrs or posse conit1tps of the
proper county, when necessary to ensure
faithful observance of the clause of the
Constitution referred TO, in conformity
%ith this act A"
To repeal this provision, as the LcdgT
proposes, would be to stigmalise this
clause in the constitution and the act for
its enlol cement. as unworthy Of that sup
port to which all other laws are entitled
This is. in truth, the Just cause of cons
plant which the South has against tue
North. 4 law for the fulilment Of an ex.
press constitutional obligation is, in many
of the States, the object of hostile legsla.
tion the intent of which, carried out to va.
rious degrees, is to stgmatize and nuliU
what is entitled to the same respect, the
same support as any other law of the Uni
ted States. 1t is also to be noticed that
the objection in question is a sheer pres
text The call upon the "posse comita'
tus, which in all cases is antiquated and
unusual, has never, we believe. been re-
sorted TO in aid of the Fugitive Slave
/ Law. This law, like other laws, Las al
ways oeen executed by paid officers, and
I'VE venture TO say that in no single in
Stance have the feelings or prejudices OF
any private citizen been wounded bv even
J a call on him for assistance. For the re.
tusal of it no special penalty is provided
10y the act of Congress of 1850, as any one
may see who will examine it. though the
contrary is often asserted. The penalty
imposed by the law is upon those who
knowingly and wilfully" obstruct the
arrest, or attempt the rescue of fugitive
Pcnay,vuidn.
/ "IIas Republican ever been hoard
Threatening, advocating or iustifying Dis
union ?'-Rqftmap'S Journal.
The following resolves stand recorded
upon the legislative journals of Massachu;
Sets:
"Ecsolcod, That the annexation Of Tex
I rs is iuco T,,,o n d;seoI,t,o,, oc H. IT,;onu