Year: 1859

THE following remarks of ELIAS IRISH upon tho
Personal Liberty Bill now before the Pennsylvania
Legislature. sufficiently indicates its character and
gives his reasons for introducing, and supporting
H.


Mr. IRISH said


Mr.. SPEAKER have frequent cause of regret
and mover much on occasions of this kind
when good cause is badly off for friends, that
am unfortunately the posscssor of such poor and
unhappy brains for speaking. Nevertheless, Mr..
SPEAKER, | feel that should have been recreant
to my duty had | suffered this session of the Leg.
islature to pass without introducing the bill which
is now before you; and, having introduced it, it
seems proper that 1 should briefly state the rea
sons which have mpelled me to do so. l do not
propose, however, to enter upon any extended dis.
cussion of the various sections contained in the bill
ct this particular time, for it may turn out, as
hope and believe it will, that the measures pro-
posed badly off for friends in this body
I had feared and that there are those present who
Are ready and willing to engage in their support,
And afford me opportunity to listen, rather than
engage in the debate myself which would be much
more in accordance with my own feelings.


In the first place, Mr.. SPEAKER, it is to be re.
membcred, that there are three fundamental enets
or conditions upon which our liberties are based,
and upon which the structure of our government
hiss been framed. They are the free and untram
elled right to the writ oe habeas corpus the right
Of trial by jury, and the full fair and free exercise
OF the elective franchise. Whenever any one of
these primary conditions of free government shall
be destroyed, the downfall of liberty will be at
hand. And sir matters not whether these rights
Are invaded in the person Of the highest and great.
est dignitary in the land or in the person
Of tho humb.est black who ever set
eyes or the Rorthern star, it is equally per,
nioous in it's consequences to society. The
purpose of this act is the better to secure some
Of these rights which have beer systematically in.
yaded, and at the same time afford the State,
through its representatives, an opportunity to do
clare ts verdict upon the Fugitive Slave Law Of
1850.


For TIE information OF those who may not have
found time to examine the bill for themselves,
Win state that the first section declares the true in.
eat and meaning of the act of 1885 to be, that any
person restrained of his liberty is entitled, as of
right and of course, to the writ of habeas corpus.


The second section extends the provisions Of the
act of l847 which prohibits the judges and justices
of the peace of this Commonwealth from issuing
warrants for the apprehension of fugi.ves from la.
Dor under the act Of Congress Of 1793 to the fugi
tive slave act of 1850.


The third section directs that it shall be the duty
of the Judges whenever it shall appear that the
person whose liberty is in question is claimed as


fugitive from service or labor in another State, to
award trial by jury according to the forms of the
common law; and The fourth and fifth sections
points out the manner Of summening the jury and
irving the cause. The act further provides, that
no sheriff or other person holding office under au'
ttority of this Commonwealth shall engage in the
rsespture of fugitive slaves and lastly, that the
jas and prisons of the State shall not be used to
, second and promote the operation of the fugitive
slave act of Congress of 1850.


Sucb sir is the substance of the bill before you,
Are the measures proposed by i.right and proper
b In the Judgment of the Legislature of this State
in the year lS47, Of them at least were go con-
sidered.
That Legislature enacted that no Judge or justice
OF the peace should exercise the functions of his
oice for the re'capture of fugitves under the act
ef 1893. Since that time. wha. is known as the
fugitive slave law has been permitted to blacken
che pages of our national statute book. Since that
time, the slave power, by means of this law, has
thrown its long lash over the North, in vain at
tempt to make it catch her slaves.


1t beSOmes the dignity of Pennsylvania, one of
the greatest among the free States of our country
10 say now, as she said in lS47, that her people
Shall not he taxed to MAINTAIN courts, and judges,
and justices, for any such unworthy and inhuman
purpose.


But, sir. the Legislature Of that day went fur'
thsr and provided that not even the jails and pris