Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-03-19
= Columbia COUNTY, PENN'A, SATURDAY, MARCH 19, 1864.

caption by the person to whom the service
or labor is DUE and is descriptive of such
righ. as that described by Blackstone, in
his Commentaries. e Com d. He says
"Recaption or reprisal is another species of
remedy by the mere act Of tho party iniur-
ed. This happens when any one has de-
prived another Of his property in goods
or chattels personal, or wrongrully detans
ones wife, child, or servant in which |
case the owner of the goods, and the hus-
band, parent or master, may lawfully !
claim and retake them, wherever he hap !
pess 80 fna them, so it be not in riotous
manner, or attended with breach Of tho
peace" But it does not follow that this
constitutional right is Independent of all
statute law. The regulation Of legal rights,
though they be founded in a Constitution,
must pertain to the legislative power. A.
Constitution cannot treat Of details, nor
establish the incidents Of a right, nor the
forms through which it shall bo asserted.
The right of recaptiou in the master ex-
lists, ant. he's always existed, iu every
State possessing servile labor; but the
exercise of this right in q free State is
only by virtue Of the Constitution. Would
it not be very unreasonable to hold that
while this right is subject to legal rsguls-
ton and it is in fact regulated in the
States from which a fugitive escapes, it
shall be exercised without any regulation
whatsoever in tho State to which he has
escaped !
This right, then, like other rights cres.
ted or asserted by the Constitution, may
give occasion for statute laws, and the
inquiry arises, what political authority has
jurisdiction ever the subject Does the
government Of the United States possess
such power, or does it pertain to the
States! by what has been already shown
it appears that such power must reside in
the government OF the United States, and
can be exercised uniformly, certainly, aud
benefcailg by it alone. And she federal
government has exercised such power,
without serious question, until recantly.
lE consequence of question Of TIE re-
camation Of fugitive from justice, aris-
ing between tEo States Of Pennsylvania
aud virginia, ard communication from
the former State to President Washington
the subject of legislation BY Congress. in
aid Of the reclaw aticn offugltives came to
be considered as early as 1891. The
question was submitted to Congress by the
President in thst year, but no Gnel action
being then had, it, consideration was re-
: sumed AZ the following session. At last,
, after debate and amendment, bill EMIT
f led "An act respecting frgiI.vos from JUS
r tico, aud persons escaping from their mas
r ters,' Tss enacted into law, FEBRUARY IL,
l 1893. This act is yet in force, though
, amended in 1850. 2y the first two
, sections fagi!ives from justice in State
and Territories are to ba delivered
up to the executive OF the State or Terri
: tory from which they aed and provision
l is made for the manner in which it shall
be done, and to punish any person con-
cerned in rescue Of the fugitive. The
! third and fourth sectious authorize the
claimant OF fugitive from labor in any
, State or Territory, by himself, his agent,
= or attorney, to arrest the fugitive and take
Kim before {. judge of United State.
! court, or before any magistrate of the
county, city, or town, where the arrest may
be made, and upon proper proof to obtain
= a certificate which shall be sufficient
warrant to remove him to the State or
Territory from which he fed. Aud then
| follows provision for the punishment OF
any person obslructing the claimant his
, agent or attorney, in the reclamation -
j tAunals Of Congress; l79l-03, pages 1914.
Is.
This act appears to have been debated
= and fully considered in both houses, pas
sing tho Senate without a division, and in
t the House of Representatives by q vote ol
AZ tot.
D Che act of 1850 was simply amendatory
5 OF the act OF 1898, and it had become me-
: cessary in order to secure to claimants
, their rights under the Constitution. That
t rerticn oi the act OF 1898 which authori-
Ged State magistrates to act, had become
3 imperative, and il the case of many
I States, their assistance in the execution of
: the law had been forbidden by statute
= One main object Of the act of 1850 was to
: substitute commissioners appointed under
= the authority OF the United States, in place
2 of the State officials designated by the act
S of 1893, Other provisions Of the amen.
? datory act were drawn with reference TO
/ the experience OF the country III cases OF
l reclamation, and were necessary or at
n least appropriate to the execution ofthe
= constitutional provision, The act was
n agreed to in the Senate upon the question
Q of engrossment by vote of ~ to land
e passed the House finally, on the 18th day
5 Of September, 1850, by a vote OF lO9 to
: rs.
e These are the laws which it is now pro.
o posed to repeal, and their repeal will leave
# the constitutional right Of reclamation
u without any stetute provision Whist ever for
- its vindicetion.
t The most important argument urged
h agains! these lava by tho majority of the
Il committee is this: That the duty Of re-
j. turning fugitiyeS is charged upon the
S States by tho Constitution, and that Con.
y gress has no jurisdiction over the subject.