Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1860-12-05
The Fugitive Slave Law of 1850

There is n great deal OF miScopCeptV
currept in relation 20 the Fugitive Sla
Law enacted by Congress in 1850, III
law was approved by Daniel Weba
Henry Clay, Millard Fillmore, John B.
and by the whole Democratic party, a
by the most eminent jurists of the Cou
try. An article in the Ledger, yestcIA|
assumes tha: there is something pecl
and invidious in that provision whicha
fords to this law the support Of the ID
comitatus. The fact is simply this miE
OF tho States, among them Pennsylva
prohibiting their magistrates from Car|
ing out the act of 1893, it became neCes
Try for Congress to provide rev functis
aries before whom should be conductedl
proceedings necessar, to give effect 10
lN Article of the Constitution Of the I'd
ted States:
/" NO person held to service or labor
one State, under the Laws therof, escapj
into anotl er, shall, in consequence Of 81
lam or regulation therein, he discharN
from such service or labor, but shall
delivered up on claim of the party
whom such service or labor may be dut|
The Federal Courts and their Ma'has
course, had authority to act, but they d
''few and far tetween," and could not aI
ply the place of tho State masistrtI
whose services had been Withdrawn. U
der this necessity, the act of Congress
1850 authorized the appointment ofu
Commissioners to exercise the lunctid
Of magistrates; to the COMMISSIONS aa
to the Marshal, or constable appointed
execute his process, it was Necessary
they were rewly created officers, expes
ly to give the power invested IN slmlll
functioaarics, TO call upon the posse coIn'
tut, in case Of resistance to their authOrrl
This and nothing more was done by \
act of 1850. II simply gives authority
such Commissioners, or the persons TO-
appointed 10y thom, to execute procesl
aforesaid, to summon and call 10 their 4
the bystanders or posse comitdtS Of Y
proper county, when necessary to ensua
faithful observance of the clause ofa
Constitution referred TO, in conform1
@ith this act. "
To repeal this provision as the Id
proposes, would be to stigmatse \
clause in the constitution and the aciA
It's enforcement. as unworthy of thatr1
port to which all other laws are entitIc
This is. in truth, the just cause of tCr
plant which the South has againstA
North. A law for the fulfilment of ami
press constitutional obligation is, in mil
of the States, the object of hostile leghl
tion, the intent of which, carried out to'
rious degrees, is to stigmatize and ndll
what is entitled to the same respect,
same support as any other law of the Y
ted States. 1t is also to be noticed v
the objection in question is n sheer p
text. The call upon the posse conf
tus, " which in all cases is antiquated d
unusual. has never, we believe, been
sorted to in aid of the Fugutire Sis
Law. This law, like other laws, has
ways been executed by paid officers, a.
we venture to say that in no single I
stance have the feelings or prejudice'
any private citizen been wounded BY e'
a call on him for assistance. For the !
fusal of it no special penalty is provid'
by the act of Congress Of 1850, as any o
may see who will examine it. though .
contrary is often asserted. The penal
imposed by the law is upon those y
knowingly and wilfully" obstruct
arrest, or attempt the rescue Of fuguV|
PeHnSyJVaniap.