Year: 1859

Mr., SPEAKER, in this chapter of Pennsyleani


Legislation, of which we may we'll be proud-ther
, is something in it which discoscs that the grea


heart of the Commonwealth was still loyal to liber
ty, and mindful Of the great principles contained
in her declaration of rights


i Since that day, sir, we have fallen upon evi


times. Since that day, the Democratic party, thu


wheebhorse of the slave power, has stalked through


our Legislature, leaving characteristic tracks be


hind him-one of which is the repeal of this very


law. In the year of 1852, | think it was, under


the malign influence Of the faclo Bigler, who ther


occupied the gubernatorial chair, a Democrat,


Legislature repealed the net to which have allu


ded.


Tho bill under consideration proposes to restore


that section to its place upon the statute book


Shall it not be done? Will it require any argu


ment to convince this Republican House that il


ought to be done | am 10th to believe that even
the Democratic members of this body will suffer
this opportunity to pass without recording their
names in it's favor.


The section which prohibits persons holding Of
fee under authority of the State, from assisting in
the recapture of fugtives, rests upon the ba,
sis and is sustained by the as tho Sec
tions to which have just alluded


We shall be told, however, that if wo pass this
act, it will be in violation Of the Constitution of the
United States That instrument provides that no
person held to service or labor in one State under
the laws thereof escaping into another shall be
discharged from such services or labor by any law
or regulation therein, but shall be delivered up,
on the claim of the party to whom such service or
labor is due. Now, sir who is it that is required
to deliver up fugitves? Is it the State or Federal
Government The idea that the State government
is required to perform this service, is contradcted
by the fugitive slave law itself, The Federal Gov
eminent, by the terms OF this act has appropria.
ted to itself the business of hunting down the fu.
gitive.


1t is keen and greedy for the work, and ought
not to be superseded therein by the State au.
thorities. Besides, sir, it is not to be sup.
posed that the States which have no inter.
est in, or love for the slave system-the NOR
al and religious convictions of whose people revolt
at its injustice and oppressou-will lend them
selves to the business Of slave.catching. No sir,
the great heart of the North is opposed to it, and
the laws should be made to correspond with its feel
ings and convictions.


Why, then do we hesitate to adopt this meas.
ure? Is there man upon this floor that would
himself assist in taking fugitive? Sir will do my
Democratic brethren the justice to gay, that be.
lieve there is not one Of them, not even the loudest
disclaimer against this bill, who could under any
circumstances, be induced to do it? If ! give
them more credit than they deserve, should like
to them stand up and avow ii. For my own
part consider such service not only "disagreea
hln INIT inf, nd fbarp bo
will engage in it, as unworthy of the enjoyment of
the rights and privileges of a free man.


Why, then, shall the slave power be permitted
to employ the machinery of our State government,
for the purpose Of catching her slaves? Why,
above all, should the moral influence of the great
State of Pennsylvania, be left to sanction by her
silence, the cruelest and meanes, form of despot
ism to be found on the face of the globe?


There is 70 such thing sir, as avoiding the issue
which events are pressing upon the country. The
time is coming when Pennsylvania must submit
with implicit obedience to the dominion of the
slave power, or assert her rights and her dignity
as becomes a sovereign State.


Indeed the time has come already, when our
manufactures are stopped, our workmen idle, and
all our industrial pursuits crippled and paralized,
because it does not suit the slave power to give us
a tariff. Are you willing to surrender your man,
hood at the dictation of this grinding monopoly Of
labor at the South?


Are you willing that the officers of the law, main.
tanned, supported, and commissioned by the State,
shall play the part of pmps to that slave power
which is making paupers out of us.


Let it be understood then, so far as Pennsylva.
MIA is concerned at least that when slave escapes
the South must catch him for herself or let him 90
that the power and authority of the State, shall
never be prostituted to fasten shackles upon the
poor and the friendless.


In the next place we come to that clause in the
bill, which provides that persons claimed as fugi.
tives from service labor in another State shall
be entitled to a trial by jury. presume we shall
be toldthat this would be unconstitutional because
it is in the teeth of the fugitive slave act of 1880


The Constitution Of the United States provides
that person shall be deprived of life liberty or
property, without due process of law that in oil
criminal prosecutions the accused shall be tried by
jury and that in civil where the sum exceeds
twenty dollars, the defendant shall also be entitled
to ajury trial. Are We to be told in the face of
this plain and unmistskable language, that q mere
act of Congress can take away the right of trial by
jury, where the question is of such grave impor
tance as that of libertyf If, then, the fugitive
slave act conflicts both with the terms, and the spi
rit of the Constitution, by which, as State shall
we abidef Which is the higher law, the Consti,
tuition, or on act of Congresss The fundamental
law, or legislation in pursuance of that laws


Again we are told that the supreme court hos
the act of 1850 to be constitutional,
and thereby settled the question. Sir, neither an
act of Congress, nor decision Of the supreme
court, nor both together, can alter or amend the
Constitution. If that instrument guarantees to
the people the right to trial by jury, neither the
Legislature nor the Judiciary can dispense with it.


The supreme court has just as much power and
authority for declaring the Office of the President
Of the United States to be hereditary, as it is for
invading the right Of trial by jury in any case
by the Constitution, "a. ..,.-,,s


Will INV m ,har unnn tl,ia fIonr ohnfen1 ihat