Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1861-01-19
VOL. a..


Judges " at all times to issue the writ of
hebeas corpus and inquire into tho causes
and legality Of the arrest and imprison-
ment of any human being within this Com
monwealth." This enactment might be
construed to authorize State Judge to is
sue writ of hebeas corpus for the pur-
pose of re-cxamining and re-judging the
decision of federal magistrate, or inter-
fering with his process under the act of
Congress; if so, it is unconstitutional
The assertion of right in the State
Judges to interfere against the execution
of the law, in the same act that prohibits
their action in its favor, manifest very
ufriendly spirit. The States, when they
created the Federal Government, and sur
rendered certain powers of sovereignty to
it, expressly declared that the Federal au.
thority, within those limits, should be su-
preme. 1t follows that they have no right
whatever to obstruct its legislative action
by "Personal Liberty Bills" by writs of
heteas corpus, or by any other means
When Pennsylvania undertook to nullify
the judgement of the Federal court, by
means of her military power, her xn State
Judiciary concurred with the Federal court
in pronouncing her act void. Olmsteads 8
case, Brightly's Nsi P'ius Reports o.
When the same thing was attempted, by
means Of the writ of homine 9eple2sando.
her own State court again decided against
the attempt; CWright's case,5 S & R,62 y
and when asked to accomplish the like re-
suit, by prostituting the great writ of hc-
beas corpus to the purpose, her highest ju-
dicial tribunal decided against such abuse
of the writ. Passmore Williamsons case,
2 Casey 0.
By the act of 1850 the owners of slaves
were allowed to visit us, attended by a
waiter or nurse acquainted with their wants
and attached to their inter ests. They
were allowed to sojourn among us six
months, without destroying their rights of
ownership; we never suffered any incon-
verience from this civility to our Southern
friends. John Randolph and his faithful
J~ba, while sojourning in Philadelphia,
never did US any injury. But the 9TH sec.
ton of the act of Sd March, 1S47, prohib.
its the owner from sojourning within the
State "for any period of time whatever
under the penalty of forfciting his rights Of
ownership. am not prepared to say that
this enactment is unconstitutional, but it
exhibits an unfriendly disposition ,altog geth-
er at variance with that neighborly cour,
tesy which the citizens of sister States
should extend to each other. Neighbors
can do many thihgs to annoy each other
and at the same time keep within the pale
of municipal law but there is law of
love and kindness which should not be for
, gotten in our treatment of neighbors, cspe.
o;n--r -. o~eSV9, NC suoo u
f edo to others as we would that they should
do to u.s..
All the offensive legislation to which
: have referred ought to be repealed, and
enactments ought to be substituted in fu,-
y fllment of our Constitutional duties. Pride
= of opinion should not stand in the way
We may abundantiy crafty that, by the
reflection that the action of the State in
this respect, was produced by an unfortu.
), nate and erroneous opinion given by ma
:. jority of the Judges OF the Supreme Court
of the United States. AS that high tribu-
nal has magnanimously corrected its errol
:, with entire unanimity, why should an up
right Legislature of the great State O.
Pennsylvania hesitate to be equally mag
unanimous Our Southern friends viii
certainly be liberal enough to assume thci
=. share of the blame for the past, when they
&c reflect that three of their own Judges COLI
, Cured in the erroneous doctrine whici
:. brought most of these evils upon the coun-
-. try BY correcting the evil, neither of tn
- political parties can possibly gain any ad
vantage over the other, for the error wa
common to both When it was committe
a one party held the legislative, the otho
=. the executive power, and both concurrc
- in the wrongful cnactments. The liber;
- views of the Executive, and of the Speal
a. ers of the respective Houses, as expresse
- at the opening of the present session, jus
20 ify the belief that the evils complained
~ will be redressed.
, Yours Respectfully,
ne ELLIS LEWIS.
ent To Thomas G. MacDowell, Esq, and !
6 a DeKalb Tarr, Esq.