The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1861-01-11

should do injustice 10 any portion Of it's cit-
zens.
| Alter asserting her right 10 Withdraw from
the Union, South Carolina, through her con-
| Ventlon, among other reasons, declares hat she
justified IN exercising, at this time, that right
because several OF the States have for wears not
| only refused TO fulfil their constitutional obll-
cations, but have enacted laws either nullifyine
| the Constitution, or rendering useless the acts
OF Congress relative to the surrender of fugitive
| s'aves-that they have permitted the open es-
Enlistment Of societies, TO disturb the peace of
| other States that the people OF the non-sIave-
holding States have aided in the escape of
slaves from their masters, and have incited 10
serVlle lnsurrection those that remain-and
have announced their determination to exclude
the South from the common Territory of the
Union. As the Representatives of the people
of Pennsylvania, it becomes your solemn dut7
to examine these serious charges, made by the
authority of sovereign State.
Pennsylvania is included in the list of States
that are charged with having refused compIi-
ance with that mandate Of the Constitution of
the United States, which declares "that no per-
son held to service or labor in one State. under
the laws thereof, escaping into another, shall.
be discharged from such service or labor. but
shall be delivered up on claim of the party TO
whom such service or labor may be due. So
far from admitting the truth Of this charge. I
unhesltatIngly aver, that pDon a careful exam
nation, 1t will be found tbal the legislative and
judicial action Of Pennsylvania, whether as a
colony, as a member OF the old confederation.
or under the existing Constitution of the United
States, has been almost invariably Influenced
by proper appreciation OF her own obligations
and BY high regard for the rights, the feel
Ings and the interests of her sister States. s#
As early as l705, the provincial authorities
oi pennsylvania, after reciting IA the preamble.
that ''lhe importation of Indian slaves from
Carolina, or other places, hath been observed to
give the Indians of this province some umbrare
Tor suspicion and dissatisfaction passed an act
against the importation of Indian slaves from
| any other province, or colony, in America, but
at the same time declared, ssthat no such Indi-
an slave, as deserting his masters service else
where, shall tls into this province, shall be un-
| derstood or construed TO be comprehended with
IN this act" And when, in 1880, more than
| eight years before the Constitution of The Uni
ted States went into operation, Pennsylvania
| passed her law for the gradual abolition of sla-
| very, mindful of the rights OF her confederates.
she declared that, <sths act, or ANYTHING in II
contained, shall not give any relief or shelter 10
| any aoscondlng or runaway negro or muIatto
| slave, or servant, who has absented himself. or
shall absent himself, from bis or her owner,
master or mistress, residing In any other State
! or country, but such owner, master or mistress
| shall have like right and aid 10 demand, claim
and take away his slave. or servant, as he might
have had IN case this act had not been made
A provision much more uneEuivocal in its
| phraseoogy, and direct in its commands, than
those found, on the same subject IN the Consti-
| tuition fthe Union. The act, by its terms was
made InapPlIcab!e 10 domestic slaves attending
| upon delegates in Congress from the other A.
tnerIcan States, and those held by persons while
| passing through this State, or sojournIng there
| IN for period not longer than six months
In 1888 it was made high penal offence
for any person, by force, violence or fraud. to
| take out OF this State, any negro or muatto.
with the intention of keeping or selling the
said negro or mulatto as slave,efor term of
years. Soon after the passage of this act, the
Supreme Court of Pennsylvania decided that it
did not apply to the torcbe removal of slave,
by the owner or bis agent, but that its object
ton from the State of free negroes, with the in
tention of keeping or selling them as slaves
Thus, al that early day, giving judicial sanction
10 the doctrine, that master had the right to
take his slaves wherever he could find them.
The first act of Congress providing for the
rendition Of fugitIves from justice OF labor, was
passed IN 1898, and originated from the refusal
of the Governor OF Virginia to surrender and de-
liver up, on the requisItion OF the Governor of
Pennsylvania, three persons who had been IN
dicted IN Pennsylvania, for kidnapping negro,
and carrying hIm into Virginia. And when
it was found that this Congressional statute did
not afford simple, speedy and efficient remedy
for the recovery of fugtives from labor, the
Legislature of Pennsylvania, at the reques, OF
the adjoining State of Maryland, in 1926. pass
ed her act s'to give effect 10 the provisions of
the Constitution Of the United States relative to
fugitives from labor, Tor the protection of free
people OF color, and TO prevent kidnapping"
This excellent and we'll considered law met all
the existing emergencies. 1t required the JUDI
ges, justices of the peace and aldermen, of the
State, upon the oath OF the claimant, 10 issue
their warrant for the arrest of any fugitive from
labor escaping into this State directing, how
ever, that such warrants should be made retur-
nable, by whomsoever issued, before indge of
the proper county. 1t required sherffs and
constabIeS TO execute such warrants. /; author
lzed The commitment OF the fugitive to the
county Jail, and otherwise made provisions to
re.lts effective execution, and at tie same
time to prevent It's abuse.
This law continued quietly in operation uu-
I'll the decision of the Supreme Court OF the
United States, made in 1912 in the case of Prigg
Us. The Commonwealth of Pennsylvania. The
history of this case may be briefly stated -