New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-03

men ne flayes. This tie State had clear right to do
an nothing but miconstruction Of her ac 0onld have
rduced the declaration that i. wa forbidden by the
Constitution Of the United States. IL Is perfectly
| clear that Edward FFge had committed 10 crime lii
| remoy ing Margaret Morgan from the State OF Penn
syvania the State OF Maryland, and delivering her
upto her owner; and It Is equally clear th3t no az
ten pt was made, b. The statute OF Pensy yania, to
| declare bis act crime. lie should have been dis
charged not because the of the State wac uncorst-
tuona but because he had not trinsgressed s COM
mands.
| The Supreme Court Of the United States rot only
pronounced the particular section If the act Of 1876,
| then before them, unconstitutional but majority OF
the Court held that the whole act Was vol because
tie power provide for the rendition OF fugyes from
| labor was vested exclusively in Congress, and the
several States were, therefore, incompetent 10 pass
statutes either in aud Of, or hinder, delay or pre-
yent the delivery vi such fJgitives. That this was
tie extent Of the decision, az delivered by Judge
Story only appears from the opinions OF the ma.
ioIy but also from the dissenting opinions delivered
BY the minority Of the Court. BY this unfortunate de-
cision il was authOiiaively proclaimed that Pennsyl
yauia ia enacling her liberal statute of 1896 making
it TIE duty Of her officers to aid in arrestlng and
delivering up fugyes from labor, had mstaken her
constitutional obligations and that her act was IN VIOLA
ton Of rather than obedience to- The Constitution of
the United States. Under such circumstances, II vas
| the manifest duty of the State to repeal her law
| thus declared unconstitutional. This was done
contained nothing more than II repeal OF
| the law of 1896, and the reenact.nent OF the Inv
against Kidnapping il could rot have been subject to
any Just COM plant But the third section OF the act
Of 1917 prohibits under heavy penalties, our Judges
and magistrates from acting under any act Of Congress,
on otherwise taking jurisdiction OF the ease OF ngl-
tive from labor and the fourth section punlshes WIN
fine and imprisonment, the tumuuous and rotons
arrest of fugitive slave, by any person or persons,
under any pretense of authority whatever, 10 ae to
create breach of the public peace The SKIN seclon
denying the OF the county r for the detention OF
fugitive slaves repealed in 1852, and need only be
Il, tba MIR N
The seventh section repealed the provisions of the act
of 1850 which authorized persons passing through our
State to take their slaves with ihem, and gave to
soiouners the right TO bring their slaves into the State,
ard retain them here foi any peilod not eAeeeuh6 eA
months.
The proyisions of the third and fourth sections of
the act Of lsl7 to have been predcaed upon the
language Of the Supreme Court IN Pnggs case IL II
there admitted that the several States may prohl6h
their own magistrates and other officers, from eXercis.
ing an authority conferred by an act OF Congress- and
that while owner OF slave, under ana IN virtue OF
the Constitution Of the United States IS clothed with
POWER in every State OF the Union 10 seize and recap
tle bis slave, he must, nevertheless, do without
usiIg any Illegal violence, committing breach OF
the peace. Ii is yident that the Trainer OF the act OF
lS45 he'd CLOG ly studied the OF Pr9g agt: The
ConTonwealtn Of Pennsylvania, and hao KEEP his NV
strictly within its letter. In many respects the act u
eodcaiiUD Of the principles ennnciaed by the Court
and N ore fault may Justly be found Win It's temper
than s want OF eonstituionary.
III fugitive slaves were Sill clncd uiluot 'hc W. vi
Conrress Of 1883 the denial TO the muster OF the and OF
State Judges and magistrates might be a source oil
great inoonyeneAc TO him; but the complete and per-
feet remedy provided by the act OF Congress oil
1850 renders him entirely independent OF State oihcers
And the punishment Of arrests without warrant Oy
muster i'm the exercise Of his constitutional right OF
recaptuIe but made in violent, tumultuous and un'
reasonable manner, amounting 10 brrAch OF inc
peace, IL but recognizing by statute whh was before
the common law. These sections were reenacted IN
the ~ WED penal code Of Pems yania at the last es-
lion 81 the Legislature aud still the law OF the
State; but they rot Of any practical import
ance and their retention our statute book Is
calculated to create the impression that the people OF
this state are ufayorabc 10 the execution OF the
Fugitive Slave law aud the discharge OF their conied-
duties, and with the view OF removing TINS sub
Jet Of Tcproach, earnestly recommend ther uncon-
diiiOrnl rclea
Whc a majority f the judge OF the Supreme Court
of tie Iu,d States, IN the Prggs ,ase held mat
State had no constitutional right To provide by les-
lion Tor delivering up lugitiyes 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 Judgment Of be present Coart, recently midi
cal ea IN a case which M the State OF Illinois
There H. hreofe nothing prevent the OF tho
act Of 1876 aud its restoration to the place IN our code
To With by IL. merits IL 10 Justly entitled. his
wor ID leave to the option Of the claaant whether he
would seek his remedy under State or National laws
He had this night before The repeal OF our act oil 1870
and in my opinion, good reason can be assigned Tor
yould al ~ recommend that the consent OF the state
| be given that the MASTER while sojournlng in our
STATE Tor limcd peIlgd or passing through IL, may
be accompanied by hs slave, without iosug ms rght
10 hi. service While such legislation Is due to the
comfy which shOuld ever exist between the different
States of tLi. Union it would undoubtedly tend great
ly to restore that peace aud harmony when are now
INV irely peHed. By Il Pennsylyania would con-
| cede no pIinciple-we would simply be falling back
uron onr ancient policy, adopted AT time when our
Ieorle were themselves struggling for their rights, and
never dcf cd from, until, BY misconcepton OF lts
meani ore If our most important statutes was de-
claro0 constitutional.
From I7sO TO lSi7, a period OF siStyseven years,
PeEus lyania herself Free State, permitted the clt-
Of other States 10 soioun within her limits with
tL,r s4ves for any period exceeding sx months,
aud 10 pass through the State, in travelling from one
State TO another from all molesiaion. Was sue
injured o. whs the Of human freedom retarded,
by the friendly giant Of this pryile2ei This question
cnno be trnihinlly answered in the affirmative; but
| Il NAV be safely aycrrcd, that By changing policy
I'm ilis respect baye IN degree al least alien
aied from the feelings OF fInternal Kindness which
bound together closely siserhOod OF States. Let
liz then renew this pledge Of amty and friendship,
and once more extend kindly welcome to the citizens
of our common country, whether visiting bust
ness or rleasure notwithstanding they may be accom-
| panied by those who, under the Constitution ana the
| laws, are held 10 service and labor.
The Territories of the United States belong to the
General Government, and in those territories the people
oi 10. yeral States unquestionaby have equal nights.
They were acquired by means Of the common expedi-
ture blood and treasure. BY the Federal Cons,itu
ton power il gwen to Congress 20 dispose OF and
make all needful rules aud regulations respecting the
territory and other property belonging to the United
States" Whether under this, any other power con-
fesred by the Constitution, Congress can prohibit or
protec, Slavery in the territories has been seriously
questioned. But if the power to legisaie upon this
delicate and Important subject were clearly vested IN
Congress in my Judgment IL ought not TO be exercised
Tod clare that slavery shall not the Territories,
4