The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1861-01-24

OF societies, to disturb the peace of other
States; that the people of non-slayehold
ing States have aided in the escape of
slaves from their masters, aud have in
cited to servile insurrcction those that
remain; and have announced their de-
termination to exclude the South from
the common territory of the Union. As
TIE representatives ofthe people of Penp-
sylvania, it becomes your solemn duty TO
examine these serious charges, made by
the authority of sovereign State.
Pennsylvania is included IN the list Of
States that are charged mith having re-
fused compliance with that mandate of
the Constitution of the United States
which declares "that no person held to
service or labor in one State, under the
laws thereof, escaping into another, shall
in consequence of any law or regulation
therein, be discharged from such service
or labor, but shall be delivered up, on
claim Of the party to whom such service
or labor NAV be due" So far from admit
ting the truth of this charge, unhesitat-
lngly aver, that upon a careful examina.
tion, it will be found that the legislative
and judicial action of Pennsylvania,
whether as colony, as 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
/ feelings, and the interests Of her sister
States
As carly as 1705, the provincial au-
thorities of Pennsylvania, after reciting
in the preamble 1.-THE importation of
Indian slaves from Carolina or other
places, haiti been observed to give the
/ Indians of this province some umbrage
for suspicion and dissatisfaction, passed
an act against the importation of Indian
slaves from any other province or colony
iu America, but at the same time deciar-
ed "that no such Indian slave as, desert
ing his masters service elsewhere, shall
fly into this province shall be understood
or construed to be comprehended within
this act" And when, in 1880, more
than eight years before the Constitution
of the United Sta,es wert into operation,
Pennsylvania passed her laws for the
gradual abolition Of slavery, mindful Of
the right Of her confederates, she declar-
ed that "this act, or anything in it con-
tained, shall not give any relief or shell !
ter to any abscCnding or runaway negro
or mGlatto slave or servant who has alb
sented himself, or shall absent himself, !
from his or her owner, master or mistress
residing in any other State OF country,
but such owner, master or mistress shall
have like right and aid to demand, claim.
and take away his Save or servant as he
might have had in case this act had not
been made \ provision much more
unequivocal in its phraseology and direct
in its commands than those found ou the
same subject, in the Constitution of the
Union. The act, by its terms, was made /
inappIcable to domestic slaves attending
upon delegates in Congress from the 9th
er American States, and those held by |
persons while passing through this State
or sojourning therein for period not
longer than six months.
In 1888 it was made high penal Of
fence for any person, by force, violence,
or fraud, to take out of this State any
negro or muiatt0 as a slave, for term OF
years. Soon after the passage of this
act, the Supreme Court Of Pennsylvania
decided that it did not amply to the fore
ible removal of slave, by the owner or
his agent, but that its object was to pun.
ish the forcible or fraudulent abduction
from the State OF free negroes, with the
intention of keeping or selling them as
slaves. Thus, at that early day, giving
judicial sanction to the doctrine, that a
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 or
labor was passed in 1893, and originated
from the refusal OF the Governor of
Virginia to surrender and deliver up, on
the requiSito1 Of the Governor of Penn. ;
sylvania, three persons who had been
in Pennsylvania for Kidnapping t
a negro, and carrying HIM INTO Virginia
And when it was found that this Con- I
gressional statute did not afford simple
speedy and efficient remedy for the re- {
covcry Of fugitives from labor, the Legis-
lature of Pennsylvania, at the request of t
the adjoining State Of Maryland, in 1926 j
passed her act "To give effect to the
provisions of the Constitution of the S
United States relative to fugitiyes from |
labor, for the protection Of free people of c
color, anG to prevent kidnapping This |
excellent and well considered law met all a
the existing emergencies 1t required I
the judges, justices Of the peace, and $
aldermen of the State, upon the oath of |
.he claimant, to issue their warrant for |
,he arrest of any fugitive from labor |