Year: 1860

Pennsylvania. The facts in that case wer
these: Edward Prigg, citizen oi Maryland
as the agent of Margaret Ashmore, went int
the State of Pennsylvania and without lega
process seized and carried back to Maryland
certain slaves, the property of Margaret Ash
more, that had escaped into Pennsylvania
Prigg was indicated under a section OF law O
Pennsylvania, which was the same in letter a
the section Of this bill now under consideration
He was convicted, and his case was thereupol
taken to the Supreme Court OF the Unitec
States by writ Of error to the Supreme Cour
Of Pennsylvania. The Court, Mr.. Justice Sto
ry delivering fts opinion, said:


1.-THE Court has not the slightest hesitation
in holding that under and in virtue Of the Con
stitution the owner Of slave is clothed will
authority in every State Of the Union to seiz
and recapture his slave whenever he can do j
withouta breach OF the peace or illegal violence
In this sense and to this extent this clause (rel
ative to fugitves from service) in the Constitu
tion may properly be saio TO execute ITSELF ant
to require no legislation, State or National.


The act Of the Legislature of Pennsylvania
upon which the indictment against Edward
Prigg is founded, is unconstitutional and void
1t purports to punish as public offence agains
the State the very act Of seizing and securing
8 slave by his master, which the Constitution O
the United States was designed to justify and
uphold"


Sir, bow to this decision. Having sworn
upon taking my seat in this Hall, to support the
Constitution of the United States. and finding
an adjudication of the highest judicial tribunal
known to our laws, and specially charged with
the settlement Of such questions, declaring Q
law containing the same provisions which thi!
section does, to be unconstitutional and void,
cannot vo for this bill.


Taking advantage Of the latitude allowed tt
debate in the committee of the whole, desire
to call attention to that class Of Legislation
which is urged upon us here, and Of which thu
bill under consideration is a specimen. fine
on my desk Senate Bill of the same title ant
purport as the one now before the committee
also, bill to amend the habeas corpus act
The last named is simply personal liberty bill
and the real design Of all these proposed meas
ures is to obstruct and embarras the execution
Of the fugitive slave law in Ohio. These pro
posed enactments have already been once upon
the statute book Of Ohio, and their effect was
what state to be purpose Of this re enactment


Sir, tits but one poor week since we extend
ed to our Southern brethren Of the Legislatures
ofKentucky and Tennessee, the hospitalites o
the State of Ohio. They have broken bread
with us, and we have ALL without distinction
Of party, in the language Of Gov Chase, pledg-
ep Ohio to be "loyalto the Constitution and the
Union" We have over and over again express.
ed our devotion to the Union Of these States
and our purpose to stand by the compromises
Of the Constitution. While these professions
are still lingering upon the lips Of gentlemen
why are we invoked to pass such bills as these
whose only end is insult to the South and re-
pudiation ofour constitutional obligations. Dc
gentlemen mean -f ..r nt


To palter with us in double sense. -'H


To keep the word ofpromse TO The ear,


And breakit to the hope. a5 a-.


Are We ready, as soon as the backs OF oul
guests are turned, to give the lie to all oul
promises and protestations. We have admit.
ted them to the presence Of our household gods
and there worshipped together; shall we as
they leave our threshold stab them in the back
What excuse will gentlemen offer for conduct
like this? Will they tell our Southern friends
that all that has been said was only meant in a
Pickwickian sense, or that it was all shere hol
low hearted hypocricy, will they tell them that
their feelings Of fidelity to the constitution were
but the inspiration of the wine cup, and as un
substantial as the bubbles on its brim?


Sir, attempts at this kind of Legislation are
OF recent origin in Ohio. Years ago, this State
made up record which exhibited her eager
zeal to do her whole duty as sovereign mem
Der OF this confederacy. 1t would be we'll fol
ms to recur to the history OF the legislation o
the State twenty years since. We shall ther
see more clearly where we are now drifting.


/ have in my hand the 37th volume of Ohio
Laws passed in 1853. / find on the 38th
page an act with the following title and pre-
ainble: ..s,' J# .'.


"An act relating to fugitives from labor or ser
.. vice from other States"


WHEREAS, the End section of the 4th article
OF the Constitution ofthe United States declares
that no person held to service or labor in one
State under the laws thereof escsping into an
other, shall, in consequence OF any law or reg
ulation therein be discharged from such service
or labor, but shall be delivered up on claim 0
the party to whom such service or labor may
be due; and whereas the laws now in force ir
Ohio are wholly inadequate to the protection
pledged by this provision Of the Constitution t.
the Southern States Of the Union; and whereas
| it is the duty of these who reap the larges
measure of benefits conferred by the Constitu
ton to recognize to their full extent the obi
cations which that instrument imposes; and
Whereas it is the deliberate conviction Of THU
General Assembly that the Constitution car
only be sustained as it was framed, by spiri
of just compromise, therefore be ii enacted, /" &c


No commentary of mine can add force t.
the patriotic sentiments Of that preamble.


An examination Of the act which follows
will convince any one, that it was the mode
after which the fugitive slave law Of 1850, pass
ed by Congress, was framed.


The act provides that the owner of slav,
escaped from service into this State, may appl,
to any Justice of the Peace, Mayor, or Judge
for warrant for the arrest Of such slave, tha
the warrant may be served by any Sheriff o
Constable who shall arrest and take such slay
before any (associate) Judge, and upon the pro
duction Of satisfactory proof that the persol
so arrested is slave, and the property Of tn
claimant, the Judge shall give certificate t.
the claimant, which shall be sufficient author
ity for the removal Of the slave to the Stat
whence he may have fed. That il any persol
shall "prevent, obstruct or hinder the arres
of the slave by the officer in the first instance
or the removalof the slave by his owner, afte
obtaining the certificate of the Judge, or sha


''rescue or aid or abet in the rescue" Of sue
slave from the sheriff, constable or claimant, O
''if two Or more persons shall assemble togeth
er with intent to obstruct, hinder or interrur
the Sheriff or Constable in the arrest or tn
claimant in the removal Of, such slave, 20
make any movement or preparation therefor,
the person or persons so offending shall be fine
not exceeding five hundred dollars, or imprison
ed not exceeding sixty days in the county jai
The act further provides that if the caiman
shall make oath that he is not ready for tria
and that the slave is his, and lahat he will b
able to prove the same satisfactory, it shall b
the duty OF the Judge to continue the hearin


for period not exceeding sixty days, and re
quirs the slave to give bond in one thousan
dollars for his appearance, and in default there
OF, to commit him to the County Jail 6sA
That if any person in this State shall ''cour
( sol, advise or entice" from bis master, orshs


"furnish money or conveyance Of any kind, Q
any ether facility, with intent and for the pui
} poso Of enabling such" slays "to escape frcI