The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1861-01-10

in virtue of the Constitution Of the United
States, is clothed with power, in every
State of the Union, to seize aud recap
ture bis slave, be must. nevertheless, dc
so without using any illegal violence, OF
committing breech of the peace. 1t il
evident that the framer of the act of ls47
bad closely studied the case of Prigg agt
The Commonwealth of Pennsy ylvania, and
bad kept bis Law strictly within its let
ter. In many respects. the act is cod.
i6cation of the principles enunciated BY
the Court; and more fault may justly be
found with its temper than its want oil
consttutionality.
If fugitive slaves we're still claimed un
der the act of Congress of 1913. the de-
NAL to the master of the aid OF State jud .
es and magistrates might be source of
great Inconvenience 20 him; hut the com
plete and perfect remedy now provided
by the act of Congress of 1850 renders
him entirely independent of State officers.
And the punishment of arrests without
warrant, by master, in the exercise of
bis constitutional right of reoapture; but
/ made in violent, tumultuous and uDrea-
sonsble manner amounting to breach OF
/ the peace, is but recognizing. by statute.
what was before the common law. These
sections we're re-enacted in the revived
penal code of Pennsylvania at the last
session of the Legislature, and are still
the law of the State; but they are not now
of any practical Importance, and as their
retention on our statute book is calcula
ted to create the Impression that the peo-
pie of this State are unfavorable to the
execution of the Fugitive Slave law. and
and with the view of removing this sub
ject of reproach. earnestly recommend
their unconditional repeal.
While q majority of the judges Of the
Supreme Court OF the United States, in
the Prizgs case, held that State had no
constitutional right to provide by legisla-
ton for delivering up fugi,ises from labor.
minority we're then Of the opinion
that State laws, consistent with, and in
aid Of, the constitutional injunction, were
valid and proper And this minority o.
pinioo is now the judgment Of the pres
ent Court, as recently indicated in case
which arose in the State of Illinois,
There is, therefore. nothing to prevent
the revival of the act, of 1926. and its
restoration to the place in our code to
which, by its merits. it is so justly eDti
tied This would leave to the option of
the claimant, whether be would seek his
remedy under State or National laws
He had this right before the repeal of our
act of 1896, and. in my opinion, no good
reason can be assigned for refusing to
place bin again in the sane position.
Iwould also recommend that the con-
sent of the State be given. that the N as
ter. while sojournipg in our State, for
limited period, or passing through it, may
be accompanied by bis slave, without To-
sing his right to his service. While such
legislation is due to the comfy which
should ever exist between the different
States of this Union, it would undoubted-
ly tend greatly to restore that peace and
and harmony which are DOW so unwisely
periled. By it Pennsylvania would con-
cede DO principle-we would simply be
falling back upon our ancient policy, a.
dopted at time when our people were
themselves struggling for their rights, and
never departed from. until, BY miscon-
ception of it's meaning, one of our most
important statutes was declared unconstl-
tutonal.
From 1880 to ls47, period Of sixty.
seven years, Pennsy ylvania. herself Free
State, permitted the citizens of other
States to sojourD within her limits, with
their slaves. for any period not exceeding
six months, and to pass through the State,
10 travelling from one State to another,
free from all nolestation. Was she in
/ jured, or was the cause of human freedom
retarded, by the friendly grant OF this
privilege! This question cannot DC
truthfully answered in the sffirm atiVe; bat
it may be safely averred, that by changing
our policy in this respect We have 10 some
degree. at least, alienated from Us the
feelings of fraterual kindDe which bound
together SO closely the sisterbcod of States
Let Us. then. renew this pledge of amity
and friendship. and once more extend
kindly welcome to the citizens OF oor com
mon country. whether visiting US on busi'
ness or pleasure, notwithstanding they
may be accompanied by those who. un'
der the Constitution and the laws, are
held to service and labor.
The Territories of the United States
belong to the General Government. and
in those territories the people of the sew
eral States uuquestiopabiy have equa
rights. They were acquired by means
of the common expenditure of blood ano
treasure. By the Federal Constitution
power is given to Congress ito dispose o
and make all needful rules and reeuia
tious respecting the territory and othe'
property belonging to the United States
Whether under this, or any other power
conferred by the Constitution, Congress
). can prohibit or protect Slavery in the ter
ritories, has been seriously questioned =