The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1861-01-16

CATION, and that her act US in violation of,
rather than obedience to, the Constitution
of the United Staes. Under such circum-
stances, il was the manifest duty of the
State TO repeal her law thus declared uncon-
stituiional. This was done by the act of
ls47 and II that act had contained nothing
more than repeal of the law of 1926, and
the re enactment of The law against kidaap-
ping, il could no; have been subject to any
just complaint But the third section of the
act 1917 prohibits, under heavy penal les,
our judges and magistrates from acting
under any act of Congress or otherwise
taking jurisdiction of the case of fugitive
from labor and the fourth section Furnishes
with fine, and imprisonment, the tumultu-
Gus and rioious arrest o! fugitive slave, by
any person or persons. under any pretence
of authority whatever, so as to create
breach of the public peace. The sixth
section, denying The use of the county jails
for the detention Of fugitive slaves, was re-
pealed in 1852, and need only be referred
TO as showing the general spirit of the act
The seventh section repealed the provisions
of the act of l7sc, which authorized persons
passing through our State to take their
slaves with them, and TO sojourners the
right 10 bring their slaves into the Stale,
and retain them here for any period not ex
ceeding six months
The provisions of the third and fourth
sections Of the act Of is47, seems to have
been predicated upon The language of the
Supreme Court in Prigg's case. 1t is there
admitted that The several States may pro-
hibit their OWE magistrates, and other off
GERS, from exercising an authority conferred
by an act of Congress and that while an
owner OF slave, under and in virtue of the
Constitution of the United States, is clothed
with power, in every State of the Union, 10
seize and recapture his slave, he must,
nevertheless do so without using any illegal
violence, or committing any breach of the
peace. Ii is evident that the framer of the
act of ls47 had closely studied the case of
Priggs Us The Commonwealth of Pennsyl.
vania, and had kept this law strictly within
lis letter. In many respects, the act is
codi6cation os the principles enuuciaied by
the court; and more fault may Justly be
found with its temper than It's want OF con-
siilutionality.
II fugitive slaves were still claimed I'M
der the act OF Congress of l793, the denial
to the master of the aid OF State judges and
magistrates, might be a source OF great in
convenience TO him but the complete and
perfect remedy nov.proH ;ded by the ac of
Congress of 1850, renders him entirely in
dependent OF State officers. And the pun
ishment of arrests without warrant, by
master in the exercise of his constitutional
right of reception, but made in a violent,
tumuluous and unreasonable manner, a
mounting TO a breach of the peace, il but
recognizing, by statute, what was before
enacted in The revised penal code OF Penn.
sylyania al the last session of the Legisla-
lure, and are still the law of the State but
they are not now of any practical impor-
tance, and as their retention on our statute
book is calculated 10 create the impression
that the people of this State are unfavorable
to the execution of the fugitive slave law,
and the discharge of their confederate duties
and with the view of removing this subject
of reproach, earnestly recommend their
unconditional repeal.
While a majority of the judges of the Su
preme Court of The United Stales, in the
Prigg case, held, that State had no con-
stiiutiona righ: 10 provide by legislation
for delivering up fugifives from labor,
minority were then of The opinion that
State laws, consistent with, and in aid of
the constitutional injunction, were valid and
proper. And this minority opinion is now
the judgement of the present court, as re-
Gently indicated in case which arose IN
the State of Illinois. There is, therefore,
nothing 10 prevent the revival of the act Of
1926, and lis restoration 10 the place ia oar
code TO which, by It's merits, il so Justly en-
titled This would leave TO the option of
the claimant, whether he would seek his
remedy under State or National laws He
had This right before the repeal of our act
OF 1926 and in my opinion, no good rea-
son can be assigned for refusing 10 place
him again in the same position
would also recommend that the consent
of the Sale be given, that the master, while
sojourning IN our State, for Limited period,
or passing through it, may be accompanied
by his slave, without losing his right TO his
service. While such legislation is due 10
the comfy which should ever exist between
the different States of this Union, it would
undoubtedly tend greatly TO restore that
peace and harmony, which are now SO un-
wisely imperiled. By it Pa. would coLcede
no principle-we would simply be falling
back upon our ancient policy. adopted at a