V ■»)«' nth'fit'r alp/J.fr' ri .la*?}' 'rtjV.f' '£®£«dtoi-W BRATTON, e-. 'V'OIj. 39 t*c.q tcnil uefyj '- ~ 1 ■ MISB BPRIKO 18 COBURG. WL! ■' • *i . T f /.*o.nMft«“Bprlng' is homing : ’ . . Again.l';qgq)n;l, **' ~W)th her cheering smiles of mirth ; t oH a ' l Wjih'h6 P 'W«rhiihg’BOB l 7- i ‘And her'genial rain, j ; i. .With her (lowers to elrew ’ “ In (lie garden and plain; ■ .* -Ahd her warbling bird* - p i Whose joyous strain : n.. Shell gladden the grateful earth. '' Mr. Winior U goning, • ; Harri ! hurra 5 • ■ ; What a hatefal old follow. le be 1 ‘ . Theie'H bo many dry eyes ' ' When he sees hie laet day s , p. - ‘Why, he hasn't a friend That woald liho him loelay ! Ha! ha 1 we'll be glad . f ’ When he totlere away— ' Good riddance, old Winter, eay we. Miss Spring if a coming ■ I "And welTwe.know ’• * r She’s a bright and a leashing l thing ! .f. And hoc balmy: breath . Will melt the anow; ‘ And (lie ice bound,'stream _ •..is i-i In her glance will flow, • And the birds will sing, ( -.And the bright .flowers grow— - ’ Then o'welcome to beautiful Spring I. ■Not Drunk, tmt Gpillty. A . Correspondent of Courier,* writing-from Cincinnati, tells a story of a, fellow who was found in a, gutter drunk, and token’before the Mayor, when the following dialogue took placet •David,* said his honor, as aoon as he laid hie eye* on'Mri Jones,‘are you here agaih.7 Did you not trie last week that you would not get drunk again if I would lot you off*’ ’ . •Kffp cool your honor,* replied Dave, with brazen impudence," ‘keep cool—that's what I hove been VBIS yoa, are charged with being beastly drunk, and were lying In the gutter.* ; 'Drunk— not guilty. Lying in the gutter— ° U *\Vhal wore yon lying, in the gutter for if you were not drunk.* 1 , ’ , •yousoe.your honor,* replied,Dave, with- tho air of a lawyer, *il was monslerous hot laat night—hoi as blazes—couldn’t sleep—drtnked three glasses of lemonade. ind i gallon and . half of pump »»»r— -hot tot jumped into tho titter—felt moo but oouldu t .Icep—lhdOj yUUr Honor, I, oomo out again—drank another gallort of pump water-pumped gutter full —laid down in it-fall comfortable-wont to eleep _dreamed 1 wae rich, tiding in a. coach and four round lh« north pulo-woku Up, found royeelfln the watch hodan—trying to keep cool, that e nil. < Hia honor tone eomowhal Imueod at Dave a cool, nets in making up ouch a cool lie, and lot him atidd. ' " ' - , Mice and Reptile., In in English work, culled "1 lie Lifcofu Soldier, we fled the following account of bullle. bolwcen mice, aoorplon. und centipede., in Burbudoo.. In cxlragrdinu.y lenglli, wem 1 proenred circoro ,c,ibed nd''MM'rd/ngiy*^^^^ II imrtMWwy ronmined roolionless in thm =o r r, T d ;;;:t beii.c.i^. SSssssa&sss ■haled the •■mo fulo. -j •'' 1 •B'ibVs'i.woH.Vo.^W?- cut the M owing p.J.- illu.triUive of the trade carried on by n MiUfn'W of Individuals In the eltj of Now yitjfi from\lio oorreopondenceof the I hiladolphla ghoul, In Umah shop;, woo to horrid cargo wot obtnlnod from oomo grave-yard In that pi* »f the oily, ond the follow 1. Bald to be on old hand nt iho bnalneoa. He la, moreoaver, a eauaage mailer by hade, Sterow.-Thai'a right, my boy, tbiko the | pari. of . frlond. who 1> traduced In Ilia abaonce. If every Sno-weroVi unwilling In ll.ton lo a tale of •lander, 11 would belmpoaalblo lo utlor a word agai«t an-1 other, (< Purauo the aamo-cooiao through lile, and bo iM&Bwcapsiit alllnguiahed, and no one would bo ~n ,' ♦•Tlul’OUf** lo all-in# world, ii A human aalamandor." ; Fiimoiiltf' Bart.— Soma mniuble. In Tn« enierlnir ■ bouio on a Mlnuor Uw [S®raMSWsai&!» I|ji. «M rp . father/’and bebold the ■ Wo liko fat people—good |tugl|lng, ife p-t flc i & S'rf’sssss: b ° y J "in 800 S pnoplo oro Uio Ulndojl, nnd thorn- IStei'moot XSJ ln H- ««>->• Co “’ ro " Dj “* In f«l poMo.-P“"'*' ■ Cuiwui. Grrr.m. following P«r-j &StiS&star ©bail «uix ssnba. CTNeyor court unless you. intend to marry. . Happineea ie promised not to' the learned, bul to the good. Two things made to be lost—ainoors and urabrel- Enjoy what liltle you have, while (ho fool.ie,look, log lor more. . ( ( •> No professional man lives so.much from hand.lo mouth as a dentist. Practice flows from,principle; for as a man thinks, so will besot. * . -i A brave man—One who Isn’t afraid to. wear old clothes until he, is able to pay for ,now. . The Soott and, Fillmore men of Pittsburg, are violently at.loggerheads. Why are kieses like tlio creation ? ■ Doouuso they nro made of nothing, and ull very good. The. Tribune calls. New York a “rum cursed pauper ridden and beggar haunted city,” An editor down south says ho never dotted int but. once in.his life, and, that was in a fight .with a ootomporary. Jenny 'Lind has heretofore been a particular bright star, standing out by herself, but she has now taken her elation m the milky'wayl .. A Fact!—People never, improve after marriage. The girl that’s lniolonl to her parents, will bo very apt to give “aass” to, her husband. • It is said that iho difference between eating straw, berries and oroam and kissing a pretty girl, is so small that it cannot be appreciated. An editor out west says the ladies wear corsets from a feeling of instinct, having a natural lovo of. being squeezed. We don't fellows name. Sensible. — A Kentucky paper says il.il gelling to. bo very fashionable ip that .quarter to,enclose u gold dollar, with marriage notices, when .lending them to the‘printer. 1 . Luis Motilcx has been received In the "land of cteady habits," with the greatest enthusiasm. The tickets sold at a largo advance. j Mrs. Partington thinks the pillows.of liberty nro stuffed with tho feathers of iho American' coglo. 'he suporintendonls of the U; 8. Mint are iovestiga. ing the. matter. Spunky.— The girls in Northampton'have been sending a bachelor editor bouquets of tansy and wormwood. Ho says he don't care; ho had rather smell them'than.matrimony. , Geo. Cass says the man l»„ bom .who will see a population of 150,01)0,000 iu thd United Slates. Th is will be a country, then, and no mistake. The' most worthless curs are generally the noisiest and are never without an object lei bark at, hence we do not allow their yelping* to annoy as. Punch recommends, as a sure preventative of rail way collisions, that each train have ono of the direo*. lore securely fastened in a neat iron chair, placed in front of the locomotive. SpaiNfl.— ‘‘The verdure oflhc meadow lands Is creeping to the hills, . TIIB'IU* 1 ! »•<.»« buxMHkO ’ . Are blbwing-Uy the nits." ■I ~y,* ..id a dandy In «n inlcllipnl mechanic, •1 li.to gel an Ido. in my heed. 'Well, replied 111. oilier, *fryoii Wlolieii.il ll wkll great care, U will die foi want of cornpsnions.* . ; So I —The Providence Tranacripl aaya thero la a Indy an orialooratio that the refuse. ‘o “ paiior. beonuae tbo paper la made ofraga She Very aludiuualy avnida orerylhlng ol a low origin. A Printer out weal, whole office ,ia half • mile from any other building, and who hang. hie algo on the limb ofa tree. adverll.e. for an apprentice. He aaya, “a bpy/rorrt the country would bo prefored. A aharp talking lady waa reproved by tier hoaboiid who requeued her to keep her longue in her mouth »*My donr,” responded iho !• agunit Uw to carry oonocaUd weapon*.” Wlibkev drinking never conducted wealth into t man's poeltol, l».irP‘ oe ” 10 I,U ft,cm > 1 or •! e *P ?cU ’ biliiy io hi* oliariclcr—ihorelbre whiehey la a non conductor, ond U i* hc»l »o let ll alone. sir.wbcrriea, grown in Iho open air have made their appearance in Now Orleaiia. The Picayune aaya I hia variety producer aia week, ear her than any oilier, and will continue to boar until the middle of Auguat next without ioto^niillion. Tlw-Dutchmen whn refuae'd lo take • one dollar bill baoauao 11 might bi altered from a, ton, prefora lingo travailing lo railroads. I ll" foimer. ba r lay a. ildct Win eight hour, for a dollar, while the latter only ride, him nno. Do bcoploa con IJthaal him. •Mv dear.' add aamiling apouae lo her other holt, a morning or two aince. 'l’m going a .hopping; I want a tittle change.' -Pull JV,a.ponded the tlng.l loot man, -that wonld be no chaagt at all; you go a .hopping every day.’ To talk in private, lo llilnk In aolilode; lo inquire or anawer Inquiries, ia Hie buamo.a of a roliolor. Ho wondera obuol tile world without pomp or terror, end !• neither known or vrtubd but by men like 1 himself. ' Two merrled lodleo In Sl.Leulo loot wick mol o vouni mon on Iho olrcel.ond govo Mm o oovoio cowiadlng. They .old ho hod booh ontiolng 'heir huobondoowoy from homo el nlghl end lolling them in doubtful ploooo. Served him right. . Oor Joomo pronoundo Iho following phllooophlool nuoollon t When * Irorollor io delayed In hjo jou'- nov by frcouonl obolroollono on o to Irood, lo Iho miofortuno owing Id o tr.ln ofilrouin.lonee., o. lb. oircumoloncoo ol n I'olnt Tho too.onwhy Iho Vermont ond New HomP .li.. n ovg are so tali, I* booiuio t!ioy •t'o »o lh* hobil o D r Stowing llioin.ol.o. up oo «• to I poop-»»«. Iho mouni.loo lo 000 Iho oun rloo. It \< droodlul olrolohing work. i 1 Tho yonlly of 'lhooo dl.llnclluno on which man kind nrldo 1h.m001.00 will bo bofflol.nlly.pji.rVt If w. r cnn.ldor Iho three ploooo in ffluot mod on Iho oorao lo.el—d tho fool of Ibe orooo, In U»« gf*vo, «nliu bar. •Bobby, whol 1. the hlgh.ol l.lltod. known V 'The hljhool latitude known, ro Ihol which Bill done, ol^ 1 low. to hie feeling, when wollolng wilh our Kale. . II I. unnocoMiiry lo .dd. lh.l Bobby wo. iolincdl. F alatjr miffilied bfrlo bed. 1 Borne wog In Now York ■loggedi' th.t ll would] • 1,0.0 boon well for Gov. Ilunl lo hove commoted II o 1 oontoneo of Groniig, who hod ju.l boon hung, lo : "on.no,l.lion om Uid Erl. Rallrood-.e no I. give one cAonco in « Aun<ir<ii/or hit . A young lad recently ran eW.y ftbm homo and a “morn, whoro ho w«o found by a filond £°th a cigar In lII* mouth. 'What mtdo yon looM KnJftV Aid lit# Mend. 'Oil, oonfotmd ll, 1 ««id lie, ■ J.O. and mother woo .0 a.uo, that I oauldn't aland U no iooget-r*o 1 < l u^l ' e^* R«me was Beni Iba following vary polnled rfouWa onfondor lofho Buffalo Erprr.o. The ;“hy authority lUlf w. Vho fourth of March .1 year from that day will bo March forth-" A Word to Uoy«.— Bijok lo your Irado, bow. and ' bocumo porrool In hi. irado. ho can n.y.r tin.. “OUR COUNTRY—MAY IT ALWAVfI BE RJOfIf—BUT RIGHT OR WItONG, OUR COURTRV.”. CARLISLE; PAv,. THURSDAY, APRIL 8, 1852. if aritfsiattitr. Speech of ;Mr. :Bpiihani,;, ; On Bill No. 55, House File, to repeal the sixthSec* f (ton of the Act of March 3d, IQXJi.deliteredMtreh nth, 1852. iwt . • • y ■ Mr. Speaker: Thcbill ad'it-now stands beore , (he House, is to repost the sixth section ofllioicl | i of March 3d, 1847, nu prevent Kidnapping, pre4c*ve Kite public peace, 1 prohibit (ho ;exofcisb of, coruin I powers heretofore oxercised'by.judgoß,, justices of $6 ] : peace, aldermen'and Jailors' in' this -'corotnonwcalh, | | and to repeal certain slave lawk." - It also provides i - that the provisions of (ltd uct of 5tK December, 17®, ; | and its supplement of’March 3d, 1814, reUlive to < prisoners commitlcd.undeil he authority- of the Ui|. ( ted Slates, and hostages and (ftlsoncrs of war.be et- - tended to fugitives from labor—which provision tin amendment of the gonljeman from Delaware (Mr. JBroomullj proposes to strike, from .the bill. ; Under, your decision the-merits uf ibis whole subject are) open for discussion, and much of wlioll will any f how 1 would have said perhaps, after the pending/1 amendment hud been disposed of, by either’its ndop-jli lion or rejection. ' ill With tho exception of the Ist and 2d sections of) tlie act of 1647, which sections merely change (he crime of kidnapping from a felony Iff a misdemea-' nor, the whole act is equally as objectionable ss the sootion now proposed to bo repealed. Tho 3d socliori prohibits any judge, justice of tho! peace or ,alderman from exercising jurisdiction or. taking cognifcanco of the case of any fugitive from labor under the act of Congress of 12th Feb. 1793, mentioning It by date and'tUle, under severe penal* ties, and is thus in dircotlopposilion to what was at tho time of ,tie passage, the paramount law of the land. It was passed right in tho face of of Congress and nullified'Us provisions so far as a Stale law could effect that object; Sinco (ho passage of the sot of Congress bf 18th September, 1850, cam* rounly callod (ho fugitive sl»vp law,; which aulhori. aes (ho appointment of commissioners by the circuit courts to adjudicate cescS of this kind, this 3d see* lion is comparatively lurmleKs; ' I’lio 4th section renders the owner of a fugitive or his agent liable for a hrcacli of tho pcocc, end subjects him to flue and imprisonment should it oc*. cur in the arrest of such fugitive, whether that breach of the poaeo.be caused by tho master or his agent or by tho slave himself, in resisting an arrest—and Hilt oven when the owner, lias proper authority, v)d when tho. arreat is made, for tho purpose of taking tho fugitive before any district or circuit judge of the United Slates. . . • Tho slh section authorizes the Issue of a writ of habeas .corpus, “at all times" on application made “to inquire into the causes of the arrest or Imprison, tnonl of aniy human being within" this Common* wea lll,.*» Now, sir, (Ills writ of right is provided for by (he terms of tho constitution of the United. Stales, and also of the Slate of Pennsylvania, and by statutes in force on thc'passage of this act, and if this section means any thing, it moans; that a writ pf Ao6<a» corpus may be issued oven sAor a hearing has been liad before a judge, Justice of the peace or aldfirman, 'and a certificate of removal boon awarded, under the provisions of tho act of Congress of 1793. Unless it means that, It means nothing—it is so much wssto paper, it Is doing a useless thing—U is piling Polion upon Ossa. The object was to thwart mid avoid thn act of Congress, by throwing impediments, in tho wav or.cafryinc.ouA.its provisions. -jj March I*l 1780,’ “for tin gradusl abolition of slave. t j," „ permit, poteen* In pee* Ihmugli our Slate or sojourn here for the period ofsix months, with their eervente, without their being eubjocted to onr omen oipetlon law.. Thie.ectlon is,discourteous andean ha»o no other effect than to circumscribe the right* of hospitality end prevent poisons from entering our border* from tin whole southern.section of the con ieder.oy' Tin. act of, 1780 was dr.wn ,by Dr. Frapklin, as pure a pslrlol and philanthropist per haps, a* any of those who framed the act of 1817. Thi« 7ll> aeclion aUo repeal* *o much of llio act of 1780 as .prevented aalava.from being a wllncM m court, which part of that act was merely allirmlin the common law on that subject, and should bo suf. ferod lo remain* ‘ . , ' But. air, 1 did not read thii bill in place ao aa lo embrace all the obnoxlpoi aeollona of the act of 1846 above elated, for the simple reason,the 1 knew lhal It could not pass the coordinate branch of the Ocn oral Awerttbly, ae that body u now constituted. I do not propose to enter Into on extended argu ment on lUia qoosllvn, but merely lo give a .implo •laicmcnl of historical faola connected with llio Icculalion by Congrcst and the legislation *J| IB Stale, pertinent lo the subject matter ol the bill be furs thn linuso. - ■ ■ : , . . - It is well known, sir, that the institution orelavory existed in most of.the colonies at the formation ol the govornntont)' I 1 bellovo in .ll.oxospl sett, end Pcnnayls.nl.. Esbn In ‘*a""*r l ""ia it .listed to a limited oslont, a* the act of 1760 wa, gradual In its operations. It wa. an evil, political and 'mural i which had boon culallod upon us by the mother country.bud ibe cummorol.l notions of Ivu tnns. The slave trade had been considered through, out the than civilised world ca a legitimate traffic. I With thii slate of fads the men «f the revolution bad to struggle. ■ It led lo a conflict in the conven tion which Ir.med oorNslional Constitution. I Ins lad lo a threw fold compromise on the subject of slavery In that convention, Tho men of the South said, wo have a population among ns Ural wo cannot make either our political or social equals, end yet the* arc an important part cf our population, a pop. uUlliin which help, tu produce nor national wos lib and fill the coflora of our National I rcasury. They remained ot home and tilled the field* .when wo ffiSght side by side, with you, the bailies of our country. Tim delegates from the Norlli responded to the justice ol this appeal, and the South was given It, duo weight In the national oouncjla—the first foalnio of the compromise, therefore,, cnnslsleil in making the alive population a part of the basis of representation, Fur Instance, In making op Iho re nffired population of thirty thousand, for a member Congress, which ws. the r.llo at that time, fivo slaves wero counted os throe white persons. The second feature of , llio compromise was .the provision for.tlio rendition of fugitives from labor to Urn hull observance of which subsist. ... present dlf. lenity between liter two soolhmi of the Union. It liruvidsa thot they "'ball bn do Ivorcd up. mi ul.l„| oftbs.pirty toWbupi Sii9i».*“.» l 0 ? or (•>»'“•» third branch of llio onmpronil.o In 'bo forms, lion of llio Oonslilolion, was the compact. Hist the foreign slavo tr.ido should cease nn and nflor ho year 18U8. This was a concession by llio South to the ifioral sentiment of the Ninth on t '"‘a’uift ".V* has boon faithfully qbsoivod by the Soulli In the enactment of. law. by Congr.sa for Us suppression. ■ The aanio seclloii of the Constitution wh«h pro. vide* alsu’for lh« rendition of fugitives from labor, provides also for lira rolurn of fugitives from justica fn the year 1731, lbs Governor of 1 cno.ylv.nl. insda a demand undar this latter provision noon l\. Governor of Virginia fur the sorrond.r sod delivery of three person* who hsd boon indicted In Panniy l. Tania for kidnapping a negro ami carrying’him lo Virginia. The Governor of Virginia aur* ran Set them on the ground that the Constitution had provided na maana, and .praserlbsd no method, lor carrying the provlalon into effocl. Thii led lo the ooaolmoni by Congrcaa of the law of 12th Fob. 1703, during President Waahlhglon’a administration, which law gives judges, juillooa of the peace and,aldermen, or In other words, magls* I irate* of. a oily, or town corporate In any , I Suio. concurrent jurisdiction with the judge* ol llm circuit or district courle of the United State*, In ,>|,o reclamation offugUlvea from labor. •• ; i So far aa Pennsylvania wan oontjornsd, Una law | waa acquiesced in and oousiflorqd just equitable, ' unlir IB2Q end after' llial period, It began to bo ah llesed that the tribunal of juatlcee of the peace wee 1 not atrong enough, and that cither through ignorance or corrupt motives many. frdo negroes were sent into' slavery. The agiUllon was continued and eommls sionera wire appointed by the Stale of Maryland, our southern border Stale* to bommunloatc with the Legislature'cT Pennsylvania in any proposed legists* lion on this'subject; dnd it resulted in the passage of the act of 251 h March, 1826. . • l; ’ • !, i Tbtr act made moat material changes in the mode of recovering a fugitive slave, from thai prescribed by Congress by thp del of l••>' : ‘ ’ 1 By the law of Congress the taaslor could arrest liis slave without a warrant. Odr act of 1826 ox prcssly rfcquSrcd oßh. i Whon e-warrarit was applied Tor under iho act of Congress. the, oath could bo made either by the owlier of hit dgent.. ,The act of 1836] required more than the oath of the agent or aitumby. He must make an oath, and also was re quired To produce in addition tho affidavit of the claimant, taken before und. certified by .a justiceof the pence, •<’ oilier magistrate, in tho state or terri. tory wh*fc each claimant resides, end accompanied by a certificate of the authority of eucli-juailoo bt dthef magistrate to administer on ms, nuuiemicuiuu fby the seal of a court of- record of such state or tor* I ntory, which affidavit made and produced by his ogent or attorney must stale the claimant's title the service of each fugitive,.and also (bo name, ago, and description of the person claimed. ‘, • Under tho act of Congress, of T 793, the fugitive was brought before tho justice or magistrate.for a searing. By our act of 1826, allhbugli ,lho justice bight Issue tho warrant for tho, arrest, lie had no I rlhcr power, but tho fugitive was to bo taken before ,o judge of the proper county. When tho hearing look place, : fhe kind' of lesll* r ony under tho two.acls wos entirely different. • By I o net of Congress the oath of the owner,or Jus agent v ss admitted in probf of the claim. '-THe'Pennsyl* y nia law excluded.both,and rcquired lho testimony 0 indifferent witnesses; :Tlio act of Congress was 1 (ended us a summary remedy l as,contemplated by i; o ; constitution, without unnecessary expense and * d lay.. Oar law.requited delay.at.thp suggestion of II e slave, and burlhcood (ho claimant with additions I c sl. The act of Congress imposed a penally for 6 strutting or hindering the claimant in tho prose* c^lldn-ond'enforcements of hia rlghta. The Penn- ( syft'ania act gave him no redress* . i ffhetiVd'ocls, you will Ihorefore perceive, arc essentially different, and. cooic directly in conflict , In several important particulars. ... , j The net of 183 C, however, remained m force, and waa noted on umtl the decision of the cclftCrat ert I rlgg c*»o.' Vrigg came to Pennsylvania in authorized as an ugant by tho owner of -ft female| slivo ahd her children (b reclaim them. He wont to a justieff of peace In York couhly'and obtained a warrant for life arrest of the fugitives. After ho had arrested them he brought the slavca before the jus lioc again for a hearing. The justice said : "Sir, I have no power; tho act of (his slato passpd ini 1820, deprives me from excinlsing'.ony-oUicr jurisdiction in a case of this kind, iliao meroly.lsauing ,a war* rant.’,’'. Prigg Thco- carried .tho fugitive* into the state of Maryland and delivered them up to their mistress.’ , . . - In May,’ 1839, he was tried to York county, for tho crime of kidnapping, and a special verdict ren dcicd selling forth the liicls, and, by agreement the court gave judgroe.nt against him onjho finding of tho jury. A writ of error wss.lakon to the supremo court of this slate. At the May term of 1840 the I supremo court oflimod proforma tho judgment,of the (court below, in order that lbs defendant might pros* United Slates. Had the judgment boeri reversed by our supremo court, the cass would not havo gone to the tribunal u|* last resort, whore the constitutional question could bo finally determined. Tho case wos decided in, the supreme court of the U.S. at the January term of 1842. ' _ . • Tho gentleman from Delaware (Mr.Broomtll) and the goiilioman from Chester (Mr. James) oppose this bill on the ground that it is unconstitutional, aocnr* ding to the decision of.lhe *upw i ‘? =°. ur * of > ho ?' Slates in the caseofPrlgg, to which 1 havo already referred. Tho gentleman from Chester is not. a lawyer, but ho has a right to his opinion at well as any other gentleman on this floor. 1 hey object cape* daily to the extension of the provisions of the act ol sth December. 1789,and of Us supplement of March 3d. 1814.(0 fugitives from labor,and ihearoennmcnl of the gentleman from Delaware (Mr. Broomfcll) pro noses to strike it out of the section. Iho gentleman from Chester (Mr. James) alleges that it would bo passing u supplement U. the fugitive slave law to pass iho bill ns it stands. Their arguments are all pre dicated upon the alleged fact.thal the opinion ol ho court in the Prigg cate forbids at legiilHUon l’y thc slates on tho subject of reclaiming fugitive* from Üb \ T am willing,sir, to admit Hint Uklng the opinion l uit i co Slory u. Uio opinion ot tho.courl-m that case llul lli» slows ° r tl " g c " ,, “"" !n oro o° T,eol that point-hot I "fflnn, .ir. tl»t ; ju.ilcoStory "«y« in t1..l opinion what a majority ol 1.»j0d,..0nt.s b.noli,did JlOl moan, «nd which.will bo readily dii. severed from an examination of-their several-opin ion.. They all .grood 111. l Iho sol of lbs logl.laluro of Pennsylvania was unconstitutional. I hoy uM .Irrscd that no .tslo could Icgi.lato to impair or, in. Icrrupl the right of llio master, under the con.lllo. lion and Ilia eel of Congress, to recover hi. "lave.— Ju.liecs Slory, Catron and M’Kinloy entertained Iho opinion Hint lbs power of legi.laiion on this subject i. oxolutivoly in Congron, without any reservation whatever. Chief Ju.lloo Tansy and justices I homp ■an and Daniel di.iontcd el length limit this view of the ca.o, and oonloiided that the stales may ogi.lato to enforce tho right—and the opinions of tits other IlitoS judges, Baldwin, Wayno snil M'Loan, do not at all sustain, us I am prepared to allow, the opinion of justice Story, which stands, it is true, on the record as the opinion uf the court. i l do not wish to weary tho patience and occupy ' the lime of the Hpusoby rending long extracts from I the opinions of the judges in this esse, but I will ask their indulgence to listen to n low short extract*. . First, as to the opinion* of thos* who dissent de cidedly from the view of Slory. Catron and M,Kin«ey% that the stales could put legislate la affirmance uf (ho right of tho nmlOr, . , .. • Tansy says : 'Every slits law which ptopo.ee di rectly ot indirectly to uulhurlio such resistance or üb.liucliim j. null end void, and afford, no ju.tlnoa. lion to the Individual or the uHleot pf.lhq Slats who sots under it. Tho right of Ilia master being given by the cunlliluliuo. of lbs U. Stale, neither Congress nor s stats legislature can by snjt law pr.rogiiUtlou. l ™ i rionedr r |a ool.lpcd In Iho opinion concerning Iho power of Congress In prolcol lha ciliion. of Iho slavcholdlng .Lies In Ills chjoj/ipppt nf ihla ritfhl I and to provide by law ou effectual, remedy to qnfurco U J and no stale Is stilluirizofl to pass any law that comes In cuiiftict, In any ? with the remedy provided by Contois —lO ,Po '■'i'S’lio ssyst 'According to 1,10 delivered tho slslo oulhurillc. sis piohlbllcd from inlerfuriog for tits purpose of protecting the rlght of lh. rn.mer and aiding Mm - In tbs recovery of 1,1. nrutisrly. 1 think tho slats, sis net prohibited , and that on His snnlr.ry, 111. enjoined upon them a.. duly In protect und aupport tits owner when Its is endeavoring to' obtain possoMlon of, his properly, found within their tespeoljve territories. language oiod in iho Conililullon does not, In my Jddgsmiml. justify tho oonilruollon given to Üby lit! court. U ooul.lns on .word. P«l'lWl'"« tho several slsloi front pawing laws to onforoo tins '.Mil, They oto in ospro.s terms forbidden to rasko aify regulation that .hall impair 11. But tlioro tho IHohlbriion Slop., and according to the ,oUM rules if cunslrtlotion for all wtillso in.lrumcnla, Iho pro hiblliun being confined to laws Injurious to Uio rignl, tliu power to pass laws to support and enforce it, Is necessarily impUpd.’rTl ,n fl° Juctlcu Thompson, says ( , , ' ‘This legislation 1 think,belongs more appropriate-, |v to Congress than to the Status* for the purpose nf having the regulation uniform iboreogpoMhe UpjM Stalest ■* the transportation pf.tho sltve nuy be through several Slates;bbU there' Is nothing insqv subject matter that renders State legislation 'unfit. It is no objection to the right of' thd Slates to pass laws on the subject,’there ic no power anywhere giv* en to compel them to do it. Neither ie there to compel Congress to peas any law onthe subject. Tholegis tion'muat'bo voluntary in both, and goverened by a sense of duly.' But l otnnol concurin that part of the opinion oflbeoourt, which assorts that the pow or of legislation by Congress is'exoliisiveend (hat no Stale can pass any law to carry into effect the constitutional provision on this subject; although Congress had passed no law in relation to it.*—l6 Peters, 034-5. ' • . And further-be saye: ' . ‘The Constitution protects (he matter in (he right to the and service of hia slave, and of coarse makes void all State legislation Imparlng (hat right; but docs not make void Slate legislation in affirmance of the right.’—Page 635. • Justice Daniel say*: - JngV the rights of the slave holder guarantied to him by the Constitution; as I shall ottompl to show, (hat those rights can never be so perfectly secured, as when (ho Sidles, shall in good faith, exert their au thority (b assist in effectuating the guarantee given by (ho Constitution. Fugitives from service, attempt ing to floo oilhor to the flon-rlaveholdlng States, or Into Canadas, must, in many Instances, pass Ihs intermediate Slates, before they can attain to the point they aim at.’ 16—Peters, 656. (Mr. B. here rood, another extract from Jostles Daniel's opinion, on page 656-7, loo'long to be loser led, but to the sarpe point.’— lieporttr.)^ Now sir, I will refer to the. opinions of three of the judges* who constituted tho majority of the court.' The opinion of Justice Baldwin is not given at length. It isslatcd'iri tho report, that ho‘concurred 'with the court In reversing tho judgement of tho Supreme Court of Pennsylvania, on the ground that tho act of Legislature was unconstitutional, and inasmuch fas the slavery of the person was admitted, tho removal, could not be kidnapping. But ho dis sented froni the principles lald down by the court as ( the grounds of their opinion.’—l6 Peters 636. ~ • Jutlice Wayne sets out by. saying tha the concurs altogether in the opinion of tho court, as It has-been given by Justice Story, but U must- have been with a , mental rcsßrvalion.fqr no fi ndinl 1 1 so wn opi n ion .on , dbco 644, that lie admits that the mates have tno right 16 legislate upon the subject,‘to aid by mere rainislcnal acts,tho molcoilon of the, owner » right to a fugitive slave—the provonlioT. (that is legislation by the Slates for llio 'prevention) of iDlerferonce with it (tho owner’s right) by the officers of»'Stale, or Its citizens, or an authority (that is the prevention by Stale legislation of all all Interference with such nulhoritvy to its magistrates to ctocuio the law of Congrcss-and eucli legislation over fugitives as may bo strictly of a police character. • I need not eay that the opening of our jii s to re ceivosuch fugitives, and compelling the jailors of the Commonwealth to, receive such fugilivos, is nothing more, than a police regulation Ip-' pr«o«i riots and bloodshed. It would bo nothing more than a , n cro ministerial act in aid of tho marshal, for all judicial power is now vested by (ho act of Congress J of the 18th of September, 1850, In the circuit and district courts oftho United Stales,and Ihe.commli. sinners appointed under that act. , , . BuilicitmriW*6afprelnnjt-jhft •The Constitution requires that snch person shall bo delivered up, on claim of the parly to whom the service iadue. Hero i. e positive duly impo.od, and Congrcoa have ..id in what mode thia doty shall he performed. Had Iboy-thp power In do «o 7 Iflho Constitution was designed,ln this respect,to require, not a negative bulk positive duty on the State and tho people of the State where the fugitive from labor I,nay bo round, of which, it would -ccmlhorccrn bo no doobi; it mart bo equally clear lliel Congmea may prcacrlbo in whul manner tiro claim and anr milder .ball bo made. / rrm, Iherr/aro, brought ta tho eonctuiion that,although' as , CougrtßO canuot impure dultto an Stalelajluers, ,y« in tho east af fagitiaeofram labor and from justice, thoa have tho paiaor la data.— IG.Potor., 605. , Now air, although Justice M Leon le one of the ( majority of the court, here ta a concessioni oftbo whole argument... Ho says that in neap pf fugitive. , from labor and from jualloc, Congress have,.under tile Constitution, ttib power to iropo.o dul"■ “P?" Stale oiiiccra. Uongrcu did Impose " uc, \ d . tho act of 1793, end that law wa. noon tho local aulborllioa enumerated. Now what am tlioso local aulboritioo, these Slate olilcera? Nolhing more notlo.t than the creatures of Slat, lopi'.ialtan, constituted and appointed by Stale log lalallnn. And Uto-e ate the pe;sm» ” hal '° c ,"‘ r "£ cd bv Congrca. in the act of 1793 toaarry ilo pro vision. into offocl, and tho act or 1793 opinion la declared by all lbs judges to beoonalila. Ilona?. Waa.lt not, them fore, by . Stale legl.lolion llilt these peroona wore clothed with llin jndlclnl and fnlnlalorial authority aulßolonl to perform Ilia amo tions required ! Tlio cot of Congreaf merely onn. raorated them no d olaia. 7 hoy ward befoto tho act of Congress, and derived no moglrta. rial power as tucb from that eel. It was, thorobiro. by these oroalorea of our Stale lawo that the pro. viaiona of the net of Congreaa j were carried Into effect, in conjunction with the district end circuit judge! oftho United St.loo poptta, exorcising » mm. onrronl and harmonious juriediet on from 1793 till 1817, in the Stale of Pennsylvania—and yet wa am told by tho gentlemen from Delaware, [Mr. Drooraal] ond tils coadjutor from Cheater, [Mr. Janice,] (lint the Slalva have no powol to legislate in affirmance of the right of the mailer to t.opvor hia elave.- Slrongo doctrine truly. And 11-la conloruiod that the Prlgg oaeo sanctions that view of Hie subject before d“ i Uilnk 1 have ehowo with bow modi reason. - Sl* not of lb# nine judges. therefore. wbn decided the Prlgg 00.0, wore decidedly of the coin. lon tint legislation of some kind, o ther conferring I Judicial, ministerial or police function. may be ex irfUnfl hv the Slates—in other words,, they arc nloirly efopiniun that the Stale* oannofprohlblt their own officers from aiding the mailer In the recovery ° f Mr. Broom.) boro Interposed and wished to know 1 who wore the oix judges. • Mr. Denham then enumerated them. ■' Mr. Dunham continuing. The eel of 1847 did so prohibit, the oißoera of tbla Commonwealth from aiding in carrying Into olfed Ho eel of Cnngroa. of 1793 Since the passage of the fugitive slave bill tbeaUlb eoction Qj?lbo. act of 1817 I-tho.ool, pur. lion pf,the law, »•, lt ,novy,elpnda which actiou. y interrupts or embarrasses the people onbpaeoih from recovering their,,slave, within pur lerrilpry.-r Wo are‘denying,then the uao of nor Jnlle when wo give them for every other porpeeo for. which jell. Why should nolourj.ila ha .open to receive llicie fuiiliVeeJ Wo extend tbit earae courtesy by Up set ofnB9, to llio general government in receiving iirlionora oomrailled under ile authority 7 end by the sal of 1814 that auotloay ta extended to cases of hostages and prisoners of war commit o') under Ilka authority. Am them acta unconstitutional)lt would bo e moaiurn of humanity.' Tho fug'll'* moat now’bp confined in a gnrol or e cellar, looked upby the marshal,concealed Irom ptihlloviow,liable In bo rescued If hie piece of concealment I. known, end baa but a hurtled heating before hi. ease le die. posed of end bo roro|inded back to e'ave/y, Belter far to pul him in a plaqo where he coo d bo aeon by bis friend., liavo llio honefile of legal coun.el, and lima have a fair and Impartial hearing. Wo wotlld thus avoid the moba end riot", and hloodahed that are lie neee,aaty ooneomitanla of the prompt eolli.h 1 poaUlun o'aauincd hr tl.in Stale n '«B..lng the use of ourlalla. Doaidea by Ihoiimplo repeal of thenixthl aootloo wo leave i| di.erolion.ry with the It lota of the dilturent opontle.' to receive aoeli fegl vo. or not The system would then lack uniformity. In •omo counties they would be received, In other* aot. ’ AT 82 00 PEB' iSS&i. ' TfO. 44.- The .only apparent difficulty* I percslvu,lsllmt (be fir el section of the eel of 1789,reollea the: foot: * that provision haa been made by. Coogresa to* p%jf .• the expensst of the peraon committed. by the author-. ily of the United Stitee.'ond U might appear (list we would thoa be throwing expenses on the genual government, which are to be borne, by the ovynuiof • the slave under the act of Coogrets of«8lh SapW 1850. But such-is not the case, aa wo find in the > Bib eectlon of that act, the fees of the marshals «nd their deputies ( and of (be clerks of the const* or lltti ; commissioners, in the arrest, custody and of the fugitive, are to ba paid by the claimant or hit. , agent or attorney ; and by the 9lb.section tbeonljr , expense to which the genera) government is subjects#.' is when an affidavit is made of so apprehended for* , olble rescue, when the marshal and bis . are entitled to the same compensation out National Treasury for the remora) of the fngiUvq to the Slate from which he fled, at is now allowed by, . i&w for the transportation of criminals.* /. .. ; Par my own part sir,.l am ..ftVntf .. lives from labor, requires active exertions op the pul of the states, to fulfil their oonatilulionarobllfaUoqe/ What ]■ Us language?—“shall be delivered nPj*—l Who? The fugitive from labor. By whopi’t Whj manifestly by the authorities of the *th*dfl, the fugitive hue fled. They*sre the person* to whW. thia language would most naturally and spp,ropfU(«T |y apply. Delivered up “on olaim.'* They frc opt : * Ilia persona who make the claim—-that Is olsdahjfL the parly to whom the service or labori* Bat they ace the persons who may assist, in sqfotq* ‘ ing that claim. Well sir, after ths decision. ul r tho.. Supremo Court In tho case of Prigg* the BtetSSf£ . MassaobusaUs and Pennsylvania passed offaosWs, prohibitory. statutes. . Our act of 1847 It a Warp' transcript of iha-Mossachuaclta statute. Th® PM-, ration of this act in, Pennsylvania was to rendu It.. almost out of the question to recover a fugitive s»U(t, • in all the interior of (he Slate. The act gave folout : to a forcible resistance on the *par( of the slave, ahjJ bloody riots look place am) forcible over tbo act of Congress of 1793 was aUsmplfdlp' bo enforced,. Congress at last spoko In pasolng-lM . act of 1850. They did not say to Psnnsylvfnl*,- “Yoor act of 1847 is uneonslUotionsl.” WVkat , ; they acted with great consideration and osotisotiiri , t they said in effect, that inasmuch as you bsva pau*4 r ..., i a law forbidding your State magistrates front aeUag* ~. .under the act of 1793, woj will provide InbyqaUjW limido use of the Slats for the safe data** lion of the fugitives until they can havaaheariog. Under this stale of facls.alr, it is mansion* lo w, that tho bill as it Hands should meet (he united dp* position of our whig frienda in this House, aa Ibe various preliminary voles have shown. ’PerbepsU is not bo strange after all, considering the ppslUpo assumed by the late Executive oflhls Commonwealth [Oov. Johnston.] Perhaps they think perfectly r »fh» to follow in the wake of their late leader qnd etaftt dard bearer. The lain Governor hat sipreosed him. aelfmoat unequivocally on this subject,in eapaoily. A bill repealing this lection, now Pr®PPP*. • od to bo repealed by (hif bill, was ptastd sUhu last scaalon of the leglalalure, and was reUmed b/ him in his "breeches pockets” daring the recess.#* M himself has laconically said on different occasions, and was then finallv vetoed at the oommsoM«sjl of tho present session. In that message * Bamo arguments e* *re made me of in debat•: If*, opposiiion to tho present bill,. •eotion prohibiting tho use of our prison# MfllW of detention for fugitives from labor. If the lion proposed authorises the use of tbo pnsoqs, it if in repugnsneo to the constitution of the u. qtatoo as expounded by the Supreme Court, fly a d«|Slpnr. made In derogation of the local alatulqa of vanin,.the Supreme Court of the United Steles Wlp In eo many words that all State legislation on Uq subject of the reclamation of fugitives from labor,* whether to obstructor to aid It, hinder of pjompffl| >. It, is absolutely and entirely prohibited. Tbl lillon of Congress supersedes all Slsta legislation.on ths subject, and by neoosisry Implication prohibits U. The States cannot enact auxiliary provisioh* q* the subject. This is the very language/* i. . Again he saye, "It is not the legislation of Penh •ylvania that has oloaed our jail* *g*ja<l }“• lion of such fugitives, but a formal decision qf lhP Supremo Court, declaring our former slatale on Ihtf subjeet unconatilullonalj a decision, which, polit reversed, is binding on every department hT Ihtf B °Now m with how much reason Ibs Uta made these statements In hie veto ««■*■**» Ji infered from what I have already said in rarar'eSM to the decision lo which hs refara. I ■"* {’■fHf * J say that a Urge majority of the people of IhUSlali , as evinced by the lute election,do not entertain #«U opinions, and I am very sore the .£ lp st of the legal talent of tho country, both corlb add south, utterly repudiate and disown l l °®L n * .Vm.a The gentleman from Cheater {Mr. J®toeajm*« pse ofan argument against the nse of our was as novel it was unsound. If I understood hurt properly ho eald or. intended to convey -Ip® the relation between master and li t slavs> «Wsr fl>n Constitution, w*s that whlob subalalsd bdtwdenar*. ditor and debtor. Thai the service or labor of IM .1... “I. duo" a. made o.a of 1. lh« tom. of inal instrument, to the roa.ler, In the eomro.n »««P'V lion in which a dohl i. due. In other worth th.l tho obligation whiob the elot. owe. lo hi. toeCor. Is in tho nature of . leg.! contract/ ohllg.tlott 0» duty, which Iho l.w. will onforeo. Tbl. i. . doWT men Ido. among .omc of tbo citrera. ebolitioolfl., iho higher lew gentry, because they My th, word "potion" I. mod io Iho ol.oso ofthe Conollloljoh On that .übioot. Th.l thatoforo a "por.on hold to (or-, also otlobot" It o co.o of common (dr.lco, WMOB If nol complied wilh would oubjocl tho p.riy lo » ■ull for d.in.gri, Thio io 00. they ooyt b * c dmo Iho oonotitutinn mutt bo tlrlotly slave nol being mentioned in (bst instrument,wanatw np right to infer Ihot thooo who oro not do.oilho. oo ■1...: in il, .ro .o lo f.ol—thot th.l. condition da., not giro th.lr mul.r ondor tho .trlol 1.t1.r iff U« Constitution a right of properly in them, hot a.tt(y a olaiiit upon (heir ootrlooe, which iho ma.lor MB only enforce in.lbo uoiltl woy ooolroclo .to onfott.ll. when the slave escapes to another Stile. Then tfrafUlHg Ihb Jitemisbi of tbs gefttlsitten Ooa Chester, if 1 undprslood him Oorreolly, ha argOafe that Inasmuch as we have abollihed Impflaonrasol for debt In PonnayWamMhe master would havsoo right loarleal the fugitive slave, ergo be would have no right to pal him In jail, and ergo d#W«»*lrdell W# would have no right to open our jail dnors to rsoslva Mm—*tnd I auppo.o all who would l» Bf ® ®7‘ 'J"f j* do with auoh a Iransaolion could be put to JaIHOSW* oelvel in anaction forfalae imprisonment. ■ I • Here are fko(« that would aoond well inih* Am- • bian Nlghta, logio tun mad, ind law that {PttW ' craoe a cooil ofmepoudrsi I mast glvp my ftlend from Cheater great credit for hi* logcnulty* ppt I -fair It will nol avail him in a question of thla sotU ! The gentleman from Chester has oxhausM vocabulary almost in hie denunciation of tha JM Congress of 1830, known aa the fugilWs slavs (SW* Ho calls it everything bad—and be has pul ths qps«; lion to me directly. In substance, whether I did nol think that act disgraceful to Iho qounlrgd Thai. was not the term used, he used one for roora «sgr*. ding in sound, but that 1 (presume pm the meaning of the gentleman. He thinks It dlsgrsoeful thft*AP act elioold be passed by Congress allowing parsopp to come here in a free Slate, and oany off human being* and place them again in slavery. Well I will answer tho gentleman—and there or# two answers which readily present themselves. Tbo first la. that under the decision of the Supreme Court of tho United St&toa end ofthe several SlMeq, it has been decided, again and again, that slave* ate lender Constitution, properly. Now tho right of an owner of property to peaasbly receplure it, wherever be,dsn find il is as old as the common law Itself.* ■■• • 1 The tcodnd answer is that the act of (he Into #* September, 1850. for the reiteration of ffigUlvps from labor,contains nothing more than Is eqnUlotd .f • .t
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