Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1861-01-10

7
ity conferred by act of Congress and that while an
owner of slave under and in virtue OF the Constitu
tion OF the United States, is clothed with power, IN
every State OF the Unon to seize and recapture his
slave he must, nevertheless do without using il
legal violence. committing breach of the peace 1t
evident that the amer of the act of l647 had closely
studied the case OF PrigC The Commf nwealth OF
Pennsylvania, and bad kept his law strictly within its
letter In many respects, the act codiheaon OF the
principles enunciaed by the court and more fault may
justly he found with Its temper than rs want OF const
tutionaity.
If fugitive slaves were still claimed under the act of
l93 the denial the master of the aid OF State Judges
and magistrates might be source Of great Inconvenience
TO him bat the complete and perfect remedy now pro-
yded by the act Congress of 1850 renders him entire
y Independent OF State officers. And the punishment Of
arrests without warrant by master in the exercise OF
his constitutional right OF reception, but made 10 VO
lent, tumGtuouS and unreasJ Enable manner, amounting
TO breach Of the peace is but recognzing by statute,
what was before the common law. These sections were
reenacted in the revised penal code of Pennsylvania at
the last sson OF the Legislature, and are still the law
OF the State but they are not now OF any practical nl
pOrtanCe and their retention statute book il
calculated to create the impression that the people of
this State uniavOrable TO the execution of the ugi
tive slave law and the discharge OF their confederate
ties and with the view of removing this subject of re-
prOach. earnestly recommend their unconditional
peal.
While majority of the Judges of the Supreme Court
of the United States, i'll the Prgg case, held that
State had no constitutional right to provide by legislation
for delivering up ugitives 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 the judgment
of the present court, recently indicated in case
which in the State of Illinois. There is therefore,
nothing prevent the revival Of the aet of 1926 and its
restoration to the place in code to which, by It's
it's is justly entitled. This would leave the op
tion of the claimant whether he would seek sremedy
under State or National laws. lie had this right before
the repeal of act of 1926, and, in my opinion,
good reason be assigned for refusing place him
again in the same position
| would also recommend that the consent Of the State
be given that the master, while sojourng in State,
Tor limited period, or passing through it, may be &C
GOmpanled by his slave without losing his right to his
service. While such legislation is due to tie comfy
which should exist between the different States of
this Union it would undoubtedly tend greatly
that peace and harmony, which are now so unwSely i'm
perled BY it Pennsylvania would concede principle
would simply be falling back upon ancient poll
lev adopted at time when our people were themselves
struggling for their rights and departed from,
til, by msconceptiOn of its meaning, OF our most
important statutes declared unconstitutional. From
lsO, to 1871 period OF sXtySeven years, Pcnnsy vdna
herself free State permitted the citizens OF other states
10 so0urn within her limits, with their slaves, for any
period not exceeding six months, and to pass through
the STATE III travelling from one state TO another free
from all mOlestatOn Was she injured, the
OF human freedom retarded by the friendly gr OF this
privilege This question cannot be ruhully answered
in the affirmative but it may be safely ayerred that by
changing our policy in this respect We have IN some de-
gree a least, alenaed from Us the feelings OF ateudl
kindness which bound together, closely, the sister
hood OF States Let US, then, renew this pledge Of ami
" and friendship and more extend kindly wei
come to the citizens OF common country, whether
visiting Us on business or pleasure notwithstanding they
may be accompanied by those who under the Consttu
tion and the Laws, are held to service aud labor
The Territories OF the United States belong to the Gen.
eral Government and in those territories the people OF
the several States unquestonaby have equal rights
They were acquired by means of the common eXpendi-
ture OF blood and treasure By the Federal Constitution
power is given 10 Congress " to dispose of and make all
needtul rules and equations respecting the territory and
other property belonging TO the United States Hheth-
er under this or any other power conferred blythe Con
sutOn Congress can prohibit or protect slavery IN the
territories has been seriously questioned But, If the
power To iegslle upon this delicate and important sub
ect clearly vested in Congress, in my judgment II
ought not 10 be exercised To declare thar slavery snail
exist in the Territories, is calculated exclude from
their occupancy tie citizens Of the southern slave
holding States while to make it legal institution in
all the territories Of tie United States, by Congressional
enactment, and to provide tor its continuance during
their entire Territorial existence, would be equally in
furious 10 the people o. the free States The principle
adopted III the Compromise measures OF 1850, FOR dis
posing o the question OF slavery IN New Mexico and
Utah and reiterated IN the Kansas and Nebraska bills OF
1854, Of intervention 10y Congress with slavery in
the States and in the Territories the true rule. II is
the duty OF Congress, when sufficient number Of hardy
and adventurous pioneers find their way into distant
Territories, to furnish them shield OF protection and
form OF government but to the people themselves be-
longs the right TO regulate their domestic ustu-
| of the United States.
While these views have been long entertained by me-
and While am sincerely OF the opinion that their geuer
al adoption and faithful enforcement, would have pre-
served, and may vet restore peace and harmony to all
sections oi our country nevertheless not welded
10 them As to reject, unceremonousy all other PROPOSE
t1ns for the settlement OF the yCXed questions which
tsrs OF century have made us one people Forty years
our fathers settled angry controversy growing
oV OF similar question, by dividing the Territories pur-
chased from France and providing that slavery, CT in
voluntary eryltudc, should not exist north OF certain
ae and he whale country acquiesced in that compTo
mise. n 81, tlat restriction upon slavery was
moved, and the people Ot al lle Territories lett
Tree 70 decide the question Tor themselves Low the see
Lgnl. i-. Is gain presented by tl" dominant party
tas north, claiming that slavery cannot legally 90 into
SAe tt-Eges: even Il sanctioned ~ Ions.ssa, or ne
Territorial legislature End that it is the right aAd tc
duty Of Congress 10 prohibit its existence lille tle
mos. OF the southern STATES s, that under the Cousta-
oa, the Territories are all open TO slavery taat neither
Congress nor the territorial legislature can lawfully pro
hLJ It's existence, aad shat it is the duty Of Congress 70
provide Jr il all lec3,u protection. May not wisely
follow the example OF fathers, by CYlCng the Old
cJAlroul5 line OF 1920, anu yeaGng u TO tie boua
dairy o. California Not by the means Of legislation Of
doubtful consltatoraE, bat Dy an amendment TO tlS
Constitution itse, and thus permanently dX the coud
toa O the Territories that those Who -esirc to occupy
them may Hnd home, at their discretion, either where
slavery Is tolerated. OF where 1t Is proAibei II The
adoption OF sucE an amendment Wond peacefully settle
the dlcultles which nov surround Us, am satisfied
that would be sanctioned by the people of Pennsyya
IT all events, they should have opportunity TO
accept reject IT, if made a peace Offering would
therefore, recommend the General Assembly to instruct
and request cur Senators and Representatives in Con
Tress, to support proposition for such amendment Of
the Constitution, 10 be submitted for ratification
lection to convention OF delegates, elected directly By
the people of the State
In the event of the failure of Congress speedily to pro-
pose this, a similar amendment, to the Constitution
the citizens Of Pennsylvania should have opportunity
by tie application OF peaceabe remedy to prevent
| tie disnembenneut of this Union. This only be
done by calling convention OF delegates to be elected
by the people, with view solely to the consideration OF
what should be taken to meet the present fear
ful eXgences. il Congress should propose remedy
let it enanate from the Of all authority the peo
| pie themselves.
Every attempt, upon the part of individuals, of
ganzed societies, to lead the people away from their al
legance to the government to induce them to violate
any Of the provisions Of the Constitution 70 incite in
s1rectiQus in any Of the States OF this Union ought
be prohibited by law, crimes OF reasonable nature
II is of the first importance to the perpetuity OF this
great UnOn that the hearts of the people, and the
ton Of their constituted authorities should be in unison