ceg. hnn produced results decisive
annona9 A1r.1fl.lv it has placod ono
titution in full operation in tho
Annlopn tinrfc of the State, enual in
ing nnJ extent to any in mo umu".
Another, with nil the requirement of the
law, has just Applied for State recognition
in the extreme norih-wost. I commend
these noble, and peculiarly Pennsylvania,
schools, to j our favor. Aid to them will
ho the boat investment that can bo made,
for tho rising generation. Good instrue
tion for our children, is tho strongest
earthly guarantee, that, whatever else we
bequeath them, their inheritance will be ft
blessing and not a curse ; and, if nothing
moro is left in the well cultivated minds,
the willing hands, and the trust in God,
of freemen, thoy Will have all that is cs-
lentinl. , . t it
Nearly eleven thousand of our fellow
citizens aro now devoting their efforts to
the improvement of the common school,
m directors. Than this there is no more
nieritoreu body of men. An increase of
the annual Stats appropriation would not
only be a material relief to the districts,
at this time, but would, to some extent,
disembarrass directors in their local oper
ations. It is not, however, the common school
system, vast and bonoraMo to tho Stale as
it is, that claims your enliro attention, in
referenco to education. Pennsylvania
also boasts her collepin'e, academical, sci
entific, professional, and philanthropic
institutions, and numerous private schools
of every grade. In this respect, she is
second to no member of tho confederacy ;
but, from mere want of attention to tho
ltroner statistics, sue lins mus mr nccu
ranked below her just
present is not tho proper
standard. The
time to renew
grants to institutions of theso classes
w hich heretofore received State aid. If it
wero. tho public authorities do not pos
tefs tho requisite data for a safe and just
extersion of liberality. Tho period will
arrivo when all public educational agen
cies must be included in one great sys
tem for tho elevation of mind and morals;
rmd when tho State will, no doubt, po
tronizo every proper effort in the good
work.
For tho details of tho system during
the last school year, tho attention of the
attention of the Legislature is respectful
ly referred to tho annual report of the
Common School Department, herewith
submitted.
I desire, airftin, specially, to call tho at
tention of tho General Assembly to the
Farmers' High School of Pennsylvania, as
an institution which proposes to accom
plish an object which has never been at
tained in this country tho supply of a
want whioh has ever boon full by the ag
ricultural community tho education of
their sons, at once to scientific knowledge,
habitunf industry and practical skill, to fit
them for the associations ol rural life, and
the occupation chosen for them by their
fathers. The gains of the farmer, how
ever certain, are Email. Tho education of
his sons, should, therefore, be measured
by the nature of his business. There
seems to be no practical mode of cheap
ening education, but by combining an
amount of expenditure, within the abili
ty of o farmer, with the daily labor of a stu
dent, so as to make the institution so
nearly self-sustaining as to bring it with
in tho reach of that, class who constitute
so important a branch of the industry of
our people. The original design of this
school embraced the accommodation of
four hundred students, a number cescn
tinl to the economical working of the sys
tem ; and, although the applications for
Admission aro numberless, tho utmost ef
forts of the trustees have not cnabledi
them to complete more than one third of
tho building, or to accommodate more
than a corresponding number of students.
Many individuals throughotifthe Stato,
convinced of the merit of an institution
which promises so much goad, have con
tributed literally to what has already been
dDne ; and the board of trustees havo la
ored with a zeal which cannot fail to
commend itself to tho kind feeling of all
our citizens. Scientific education has ad
vanced the interests of avcry avocation in
life agriculture far less than any other
and for lbe manifest reason that it has
not reached it to the samo extent, and
never will reach it, unless tho body bo ed
ucated to tho plow, as well as the mind to
the philosophical principles which the
plow work developus.
I havo always looked upon the Farm
rs' High School with peculiar fvor, as
' well because of my own convictions of its
promised usefulness, as tho favor which
has hitherto been shown to it by tho Hep.
resentatives of tho people. Its charter
requires an annual exhibition of its re
ceipts, expenditures, ana operations gen
erally, and theso ivill doubtless be laid bo
fore you.
.By the art passe;! by tho lust Legisla
ture", cstiibliihing a system of freo bank
ing in I'cr.nsylvaniu, and securing the
public against loss from insolvent banks,
radical changes Ivor" undo. ;ri tho bank
ing law of tii is Stato. Instead of corpo
rations sfjated by special laws, voluntary
Association aro authorized to transact the
businoni of banking, without further leg
islation, and as an indispensable prerequi
site to tho issuing of bank notes for cir
culutioti as money, ample security must
bodepositod with tho Auditor Goneral for
their prompt redemption. The law makes
provision, not only for tho incorporation
of new banking associations, but enables
banking institutions already in existence,
to continue thoir business for twenty
yenrs after the expiration of their present
charters, upon complying with its provi
sions, by withdrawing their old circula
tion, and giving the securities required
for tho redemption ofthe new issues, the
public. I am sur, will rejoice that no fur
ther necessity exits for legislative action,
cither on the subject of creating new, or
re-chartering old banks; and that the
tlmo and attention of their lioprejenla
tives will now, happily, be no longer mo
nopolized in the consideration of a iub-
ject hitherto productive of so much strife
and contention, tr not ol positive evil.
Tho tapid increase of private banks
throughout tho State, makes it eminently
richt that thev should be placed under
piorcr legislative restrictions, and that
tho large amount of capital, thus employ-
ed, should be made to contribute its tair
proportion to tho revenues of the Com.
monweallh. Thoir busines, in the aggro-
' i.u ti..:.i :
gate, is now believed to amount to a sum
almost, if not quite, equal to the whole
'. business of tho regularly thartered banks,
and yet it is entirely unrestricted, and,
with the exception of a merely nominal
lioeuio tax, is free from taxation. This is
unjust to every other class of our lax pay-1
ing citizens, ami "pwiaiiy so to mo oanK
ing institutions liMding charters from the',
. . .. . i
' ' - -:r -r7C-C- JilTJ t clearly their hiten. fore the Constitution of the United State, tovTde to
f its Commonwealth lorwmcii nicy mnlc. .. .... . -, weIlt to operation, roniieyivania pic.
Ot "i l!...,,,,. ora iii addition, linn to follow this example. . . I... o. lit r,,i nf c Inva. the
no PttB ,luu,u' ".i":.. iii: n. i-i,.iifth. advocate of secession, uer law i?r yu K -, ; " w 7. " i
.1 iihiect to a very large v j . . . , . 1T . -.i mindful 01 t ie l iciim ol ,,cr cuuiouo-
l iff I respectfully commend this it is claimed that this Union is merely a ry, . m inuiu o u b , or
bject
ture.
a ing " ie"" "f"-- "o-
. 1 t l . f mnn 1 MA IIMin
to call the attention oi trie Legislature 10
the inadequacy of existing laws, regula-
ting tho receiving keeping and disburse-
ment or the revenues of tho Stato. The
public moneys are now paid directly
Fo the State Treasurer, who deposits them ;
at his own discretion, whenever and
wherever he chooses, and pays them out
in sums, either small or great, upon his
own unattested check exclusively. The
amount, thus received, kept and disbursed
is annually between three and four mil-
in thA .Montimi oi inn jjeiribiu nnmraci uviwwu wv vw ... ; BUn nni. nivflinww niwi
tu mw - - w . . .1 . ci.iAlf i i nrr n id uui i uiicu. oui.n j
lions of dollars, with balances on uanu, at nanu, wneuier crmmu j w......, j
limes, exceeding ono million of dollars ; conquest, when clothed with legislative,
while tho bond of the State Treasurer is judicial, and executive powers, is necossa
for only eihty thousand dollars. His ac- rily in its rmure sovereign -, and from tins
counts arosettlod monthly by the Audi- sovereignty flows its right to enforce U
tor General, by whom the roccipts for ( laws ond decroes by civil process, and. in
money paid into the Treasury are count- in au emergency, by its military and naval
crsigued, and these aro tho only safe-! power. The government owes protection
guards provided by law to prevent tbeil-'lo tha people, and they, in turn, owe it
logd and improper uso of tho money of thoir allegiance. Its laws cannot be yio
the State, by the Stute Treasurer. llated by its citizens, without accounlabili-
Hanniiv tho revenues of tho fA)mmon. ,
p.1i . 'l.a hitherto been safely kept.
prope -ly disbursed, and promptly aecoun
i I ,t f l 1
cations which have occurred eUewhe.o,
and in othrr Slates, this fact should fur-1
Lish no reason why wo ought not to guard
S f" Iitcntially in sovereignty, a. any other gov
nnunl mussaL-es I respecl ernment in the civiluod world, tho Coh
TriSrcoiS that' .titution, and laws mado in, pursuance
aaintt loa
uiv former suuual
lv. bjt most earnestly, recomuiond that
provision ho roauo uy law
i7 That no money shall be dopoti-'6ti'ut. lbe enerai goveruoient bos the
ted by ihoSuto Treasurer in auy bank,' ep t0 rftiso iml gUpport unnios, to
or elsewhere, without hist requiring am- !j.reato anj maintain ft navy, and to pro
plo security to bo given to tho Louiiuon- jyj0 for calling forth the militia to execute
wealth for the prompt repayment of such iu , 8upnross insurrection, and repel
sum as may be deposited ; and tha-t such invasio)). Appropriate statutes have been
securities shall bo deposited in the othce enoctej l)y Congress, to aid in the exocu
of i1?? A "S,1.!01" General. tion ot th0so iiniwrtant governmental
1 hat all checks issued by tbo .,oiycrg
Slate rreasurer, shall be countersigned by j Tll0 "creation of tho Federal C.overn
tho Auditor Oe jural, before they are ueed, , ' , the powors cnuraorated iu the
and that daily accounts shall be kept of Con8titutiou W1J4 tho act of the people of
the moneys received, deposited and dis.,Uo Uniu, Sla, BU1 it u pol.oely iUi
bursed, in the Auuitor General s ofhco, as mfttci.iu, ,Lilt tke .,eopi6 0f tll0 g0v0rul
"I wnhe Jreaiury I)j.paitinint. !statcj Mparaiely within tbo terri-
lhtrd-l hat condensed monthly sta e-lotlA lmds of cll state. Tho form of
ments, verified by the signatures of the their ftotion is of n0 consequence, in view
General and Stale lreusurcr. sha lbe pub-iof lfae fw.t tUnt tbf)y created ft Federal
hshed m ono newspaper in rinhiJt.lplua (jovcrumcl,t, to which they suj-rendeied
and one in Harruburg, showing the lj"-!ccl.tain powers of sovereignty, and declar
nces iu the treasury, and wheio dcposi-l d tho ,)OWCrg B0 surrendered, to bo
ted, with the particular amount of each, Bunrom 0. Vv tlirout reserving to the State,
deposit ; ana
lourth- I hat the bond of tho State i
bo increased
two hundred and fifty thousand dollars.
Our various charitable and reformatory
institutions the Stato Lunatic Hospital,
at Jlarrisburg tho Western I'eunuplvania
Hospital lor tho insane, at rutsUirgh by those whoao sworn duty it is to main
tho Asylum for the blind, and deaf, and t;,jn the supremacy of the Constitution
durnb.at Philadelphia the Houses of lte-'atlj iuws 0f the Unitod Statos.
fuge at Philadelphia and rittsburph, andj Jt U certainly true, that in eases of great
the Pennsylvania Training School for idi- extremity, when the oppression of govcrn
otio and foeblo minded children, at Hodia, 1 meut has become so intolerable that civil
will present their usual annual claims war ; nreferablo to lonjrer submission,
upon the bounty of tho State. Theso ex-
ceiicnt ciiariiies are continually aispens-1 resistance ; but where the authority ol the
ing benefits aud blessings upon suffering, gOVCrnulont j8 limited by a written Con
nd erring humanity, which can scarcely Igtitution, ond each dcpai tiient is held in
bo overrated. They are heartily coni'iicn bvtlionihcrdepartments.it will
ded to tho discriminating liberality of tlio
Legislature I refrain, us I have hereto-
foro done, from recommending, as proper
objects for appropriations from tho Stulo
Treasury, other charitable ond benevolent
institutions, not because they are undo-
serving the. confidence nnd patronage of
the
the public, l.ut bocauso they nre local j wlic, they owe to tho Federal Govern
in their chaiacter, and in my judgment ! Int.nt, it is neveith'.-loss highly proper that
lfhve no claim? upon tho common fund j we ai,ould carofully and candidly examine
which can be ndmittod, injustico to the ,0 reasons which aro advanced by those
rights ond interests of other portions of i wil0 have evinced a determination lo dc
tho Coiumonwcalth. stroy llie Union of those American Statos;
The inspoctor&of theStalo renilcntiary nnd if it shall appear that any of the
for tho Eastern District of Pennsylvania, causes of cc mpluint aro well founded, they
in their annual reports for the years 158 ' should bo unhesitatingly removed, aud, as
and 1859, culled the attention of the Lo-
gislaturc to tho insecurity of such parts of
the Penitentiary buildings as were expos-
cd to their own fires and those of tho
neighborhood, and recommended that
roots of such of t lio corridors as were cov
ered with shingles, end needed renewal,
should bo replaced with slate or metal.
On visiting tho institution, my attention
was called to tho subject by (he inspect
ors, ihb necessity lor tlio change was so
apparent nnd urgent, that I advised them
not to hesitate in having tlio old, dilapi
dated and dangerous wooden roofs of such
portions of the building as required re-1
nowal, replaced with some substantial fire
proof material. This has accordingly been
done, and I respectfully recommend that
a small appropriation be grouted to defray
the expenses incurred. j
I commend lo your consideration lbe
report of tho Stale Librarian, whoso at-:
tention to tho interests of tho Library
under his care, deserves the warmest com
mendation. Tho system of exchanges.
with tho different States of tho Union,
and with foreign Govcrnnionts, commen
ced and prosecuted under his suspices,
has resulted in great advantages to tho
Library, and doserves the continuod coun
tenance of the Legislature. Tho increase
of the Library, at a comparatively small
expenso to tho State, has been such, that
it now needs cniaifid accommodations lor the Constitution of the Lnited States,
tho safo-Ueeping of the volumes, and, if' which doclores "that no person held to
tho lucrease continues, will soon require a ' service or labor in one Slate, under tho
separate building for its exclusive use. uWg thereof, escaping into another, shall,
The reports of tho Stato Treasurer, the 'in consequence of any law or regulation
Auditor Ciencral. the Survevor General. ! therein, be discharged from such service
tho Adjutant General, and tho Attorney
General, will inform you, in detail, of the claim of the party to whom such service
Anerationa of tho government, as nrosenutor laoor mav bo duo." So far from ad
od by thoso several departments, for the
i. . .... .
last fiscal vear. liiev ore emu ed to the'
attentive consideration of tho Legislature
Soon after my inauguration, upon tho
recommendation of my predecessor in
office, a dwelling house was purchased in
this city for the residence of the Governor
of the Commonwealth. 1 he purchase m
cludud several articles of hoavy furniture,
then in tho building, and a small appro
priation would cjmpleto tho necessary
furnishing of the house, so as to make it a
fit and convenient residonce for the incom-
ing hxecutivc. 1 ciiooriuny recommona
the immediate passage of a bill making ft
'...U.I.Ia nrnnrinltnn fiir fliia nnrnnaa
Dunuuio "11 I --
The exit sorainary anu alarming conui-
lion of our National affairs demands your
immediate attention. On the 20th of Do
comber last, the Convention 0 South Car-
olira, organized under the authority of
that Slate, by a unonimous vote, declared
" that tho Union now existing between
South Carolinn and the other Stales, under
the name of the United States ofAmer ica,
is hereby dissolved 1" and Ihe nction al-
ready taken in several other Southern
it
ohinh nintf lOCl BCSriOVGU. limy,
;"-, 4,"f i( :n nn innlrnr be
pieasure,.eum.D " " ,,V'-,-- -is
party to tho compact. ' I'" ;f
clearly erroneous. Iho .V?""11"1!0,7?"1
the United State, is something more than
a mere compact, or agi cement y I
tho several States. A. . np .plied .to nations
a compact is bat ft treat), which W J
abrogated at tho will of either P""? J
sponsible to the other Pry fr U )
faith in refusing to keep its enRStm
but entirely irresponsible to any superior
tribunal. A goyein.iieni,
w
decree and punun o icnuonr.
Omauuea
resistance to it is rebollion. If succussrul,
..I I . ..hltlAlt
II. 1 1IIV IIH lllillf tSKA Ul Ll 11113 - I
ho rebellion may 0"cu't
- "9 .government of the United S ta tea,
Umx"tP:ZZZ
.theroof, are exrressly deciaroa to oe me
L... ar.i nf'llin lnnd. Undel'theC'OU-
tQ ,ho , the ri ht of BCccssion,
lluIlincixtioi, or other resistance. It is,
lioual liglitof socesaion. Secession isonly
another form of nullification, hither,
hen attempted to be carried out by loree,
jg rebellion, and should bo treatod.'assuch,
there romuins tho revolutionary right of
I raroly, if ever, happen that tho citizens
Ly not bo adequately protected, without
I resorting to the sorrod r.nd inalienable
!rig!it to resist and destroy a government
which has been perverted to a tyranny.
ut( vtia donyipg the right of a Stale
;,0 absolve its citians from the allegiance
far as possible, reparation nmdo for the
past, and security given for the future; for
It is uot to bo tolerated, that a govern-
mcnt created by the people, and main
tained for their benefit, should do injus
tice to any portion of its citizens.
After assorting her right to withdraw
from the Utiir.n, South Carolina, through
her Convention, among other reasons, de
clares that she is justified iu exercising, at
this time, that right, because several of
tho Stales have for years not only refused
to fulfill their constitutional obligations,
but have enacted laws cither nullifying
the Constitution, or rendering useless the
'aots of Cougrcss relative to the surrender
'of fugitive ilaves: that thev hove permit-
ted the open establishment of seeictios to
disturb tho peace of other Stoles; that
tlio people of tho non-slaveholding States
havo aided iu the cscapo of slaves from,
their masters, and havo incited to sort ile
insurrection those that remain j and havo
e that remain ; and havo
posing it. and that any one oi me
announced their determination toxcludoi;t, , criminal ofl'enco for n mister to take
tho South from the common territory ofjillg give out 0f this State, without a war-
the Union. As the Representatives of tho
people of Pennsylvania, it becomes your
solemti duty to examino these serious
charges, made by tho authority of a sove
reign Stato,
rcunsylvanift is included in the list of
States that are charged with having re
fused eomplianoo with that mandate of
:r hbor, but shall bo delivered up, on
milting tho truth of this charge, I unhesis.that statute, in the act of 1820, with an
1... . ... ri : . ... . - :i- . il..i . 1. -
tstinc v aver. mat. upon a careiui exarai-
nation, it will bo found that tho !egisiiv-
livo and judicial action or Pennsylvania, 1
whether as a colony, as a member of tbo,
old Cor.fedcution, or under tho -xisting
Constitution of tho United States, has
boen almost invariably influenced by a
proper appreciation of her o n oblica.
tions, nnd by ft high regard for th rights,
the feelings, and tho interests of her sister'
States.
As enrly as 1705, the provincial authorU 1 that Edward Trigg had committed no
ties of Pennsylvania, after reciting in the crime in removing Margaret Morgan from
preamble, that "the importation of Indian the Stato of Pennsylvania to tho Stale of
slaves from Corolins.or other places, hath 'Maryland, and delivering her up to hor
boen observed to give tho Indians of this owner; and it is equally clear, that no at
povince somo umbrage for suspicion and tempt was made, by the Statute of Pcnn
dissatistaction," passed an act against tho sylvani 1, lo declare his act a crime, nlle
importation of lndisn slaves from any should havo been discharged, not bcMuse
other province or colony, in America, but! Ihe act of the Stato was unconstitutional,
Ht the samo time doclnred, "that no such but because ho had not transgressed its
Indian slavo, as deserting his master's ser- commands. 1
vice elsewhere, shall fly into this province, Tho Supreme Court of the Lnited
.i.oii v iin.inntnmi nr nAnnirnnd trt bn States not only pronounced the particular
AAninrobnnilrfl tiitbin this act" And
when, in 1780, mora than eight years be-
relief or shelter to any absconding or run-
away negro or muiauu -....-. ,
' I .."
I'TVIIIIb.
who has absented hitnsolt or snail
Bbsent himself from his or her own
nlastcr or mistress, residing in any
mgBtr Jr "inybut such owner,
u.r. or ,istiess, shall havo the right
n a ur
"V ,ava or gmnti as ne might have had
. tbi ct lmcl revcr been made." A
Son cli much moro unequivocal
nnd direct in its com
P . , 141lie
subject, in the Constitution of tho Union.
The act, by its terms, was mado inappli
cable to domestic slaves attending upon
Delegates in Congress from other Ameri
can States, and thoso held by persons
while passing through this Stato, or so
in the ConsUtutioii
journing therein lor a nenuu uun iuu6ui
than six wonuis.
In 1778 it was mado a high penal aQence
for any person, by force.violence, or fraud,
to tako out of this State, any negro, or
mulatto, with the intention of keeping or
soiling the said negro or mulatto as a slave,
for a term of years. Soon after the possago
of this act, the Supreme Court of Pennsyl
vania decidod that it did not apply to the
forcible removal of a slave, by the owner
or his agent, but that its object was to
punish the fraudulent obduction from lbe
State of freo negroes, with the intantion
of keeping or selling them os slaves. Thus
at that early day giving judicial sanction
to the doctrine, that a mastor had the
right to take his slaves wherever he could
find them. .
Tho first act of Congress providing for
tho rendition of fugitives from justice or
labor, was passed in 1793, ond originated
from tho refusal of the Governor of Vir
ginia to surrender and deliver up, 011 the
ro.misiiion of the Governor of Pennsylva
nia, three persons who had been indicted
in Pennsylvania for kidnapping a negro,
and carrying him into Virginia. And
when it was found that this Congressional
statute did not afford a simple, spoody,
and eflicient remedy for tho recovery of
fugitives from labor, the Legislature of
Pennsylvania, at tho request of tho ad
joining State of Maryland, in 1820, passed
her act "to give effect to the provisions of
tho Constitution of tho United States rel
ative to fugitives from labor, for the pro
tection of freo pioplo of color, and to pro
vent kidnappina." This excellent and
noil considered law met all the ex'nting
emergencies. It required tho judges, jus
tices of tho peace, and aldermen of the
State, upon tho oath of the claimant, to
issuo their warrant for the arrest of any
fugitive from labor escaping ' into this
Stale; directing, however, that such war
rants should be made returnable, by
whomsoever issued, before a judge of the
proper county. It requirod sheriffs and
constables to execute such warrants. I t
authorised tho commitment of tho fugi
tiyej to tho county jail, and othetwise
nudo previsions to socure its effective ex
ecution, aud at tho same tirao to provuut
iti abiua.
This law continuod quietly in operation
until the decision of tho Supremo Court ol
the United Suites, ma lo in 1842, in tho
case of PriiL' vs. The Comiuon ealth of
Pennsylvania. Tho history of the case
may bo briefly statrd: Edward Pripg was
indicted in tho Court of Oyer and Terminer
of York county, for kidnapping a colored
per&nn, named Martha Morgan. Upon
tho trinl it appeared she was held n slavo
in the State of Maryland, and that she
escaped into tho Stato of Pennsylvania in
the year 1W2; that in 1837, Kdward Prigg
was appointed by tho owner of the slave,
to scio and arrest her as fugitive from
lubor. Iu pursuance of this authority,
nnd under o warrant issued by n justice of
the peace, l'rigg caused the negro woman
to bo arrested, nnd, ivithout having ob
laiued any warrant of removal, he deliv
ered her Is her owner in tho Stato of Ma
ryland. Thoso facts were found by a spe
cial verdict, ond by agreement of counsel,
a judgment was entered against Prijg.
From this judgment a writ of error wns
taken to the Supreme Court of the State,
where a;ro forma judgment of affirmance
wub again, by agreement, entered, and the
esse removed to tho Supremo Court of the
United States.
It wifl bo observed that the question,
whether Edward Prigg was rcolly guilty
of tho crimo of kidnapping, under tho
Pennsylvania statute of 1320, was tiever
actually passed upon, oithor by the court
or jury, in tho county of York, or by the
Supremo Court of the Stnte. The jury
merly found tho facts, and the action of
both courts was but a matter of lorm.
In the argument and determination of
r. , . m . .
the case, in the Supremo Court of the
United Statos. it appears to have been ta-
kn for wanted, that our act of 1820 made
rant of removal ; and upon this construc
tion, the act was declared unconstitution
al and void. This I submit, was a clear
niitipprchenaion of the purport and
moaning of our legislation. The first sec-
tion of the act of 182G, under which the
indictment against rrigg was iramed,
was almost literally copiodfrom the sev
enth section of the act of 1788, to which
a construction had already been given by
tho highest judicial tribunal of tho State
of rennsylyania, where it was hold to
have no application whatever to the re
moval of a slave by the mastnr or his
agent, with or without ft
warrant. Such
was tho undoubted law of tho Stato under
the statute of 1788, and in roencting
increased penalty, 11 ie hhuiul-m. imu mo
intention and object or the Jiegisiature
was to protect Tree persons ol color, and
to punish thoso who. by fraud, force or
violence, were guilty of kidnapping, and
holdincor sellinc freo mon as slaves.
This the State bad a clear right to do;
and nothing but a misconstruction of her
act. could have induced tho declaration
that it was forbidden by tho constitution
of tho United States. It is perfectly clear,
section of the act of 1826,' then before,
jtliem, unconstitutional, but a majority of
rendition of fugitives from lnbor, was
.,! .xnlusivelv in Congress, and tno
"several States were, therefore, incompte.it
teruii oi" "v i . i u :..
statutes either in aiu oi. jf um- m
uer . CtVhU was the extent
;niw -ri . , , i ..I ..
of the decision, as delivered by Judge
Story, not only appears from tho opinions
r hIa n,inritv. hut also from thedissen-
u. v., .... :...
ting opinions delivorca py mo iuuu,,v ;;. 7;, "r , ; " ' ,7 ,,e
of the Court, liy this unfortunate deci- longing to the Lnited Slates. hetLer
s:on it was authoritatively proclaimed under this or any other power conleired
T.,r..l.nln in enactina her liberal,
a r moc .rnkinir it the uutv of her
own oificsrs lo aid in arresting and deliv
ering up fugitives lrom labor, nao mista
ken her constitutional obligation, ivnd
thalheraot was in violation of, rather
.1 .i..,i;.i,An tn ilm f!onstilution of
the United States. Under such circum- shall not existin the Territories, is calcu
stances, it was tho manifest doty of the lated to exclude from their occupancy
Stale to repeal her law thus declared un I tho citizens of the southern or slavehold.
constitutional. This was done by the Act .ingStates ; while, to make it alegal insti
of 1817 -and if that act had contained tution in all tho territories ofthe Unitod
nothirc' more than a repeal of the law of. States, by Congressional encctment, and
18"0 and tho re-enactment of the law to provide for its continuance during
aiii3t kidnapping, it could not have their entire territorial existence, would be
beh subject to anv just complaint. But equally injurious to the people of the freo
the third section of tho act ol 1847 pro
hibits, un ler hoavy penaltios, our judges
and magistrates from acting under any
act of Congress, or otnerwisn Mining jm la
diniinn of tho case of fucitive from labor
and the fourth section punishes with line
and imprisonment, the tumultuous and
riotous arrost of a fugitive slave, by any
person or persons, under any pretence of
authority whatever, so as to create a breach
ofthe public poaco. Tho sixth section,
denying the use of tho county jails for
tho detention of fugitive slaves, was re
pealed in 18)2, and need only be referred
lo as showing the general spirit of the act
The seventh section repealed tho provi
sions ofthe act of 1780, which authorized
persons passing through our State to tako
their slaves with them, and gave to so
journers the right to bring their slaves in
to the SUto, ana retain intra uere unj
period not exceeding sixunonlhs.
The provisions of the third and fourth
sections of tho uot of 1847, seom to have
boon predicated upon the language of the
Supremo Court in i ngg s case, it, is
there admitted tnat tuo Be verm ruur
may prohibit their own magistrates, and
other officers, from exercising nn authori
ty conferred by an act of Congress ; and
that whiio an owner ot a slave, under and
in v'rtuo of tho Constitution of tho Uni
ted States, is clot hod with powert in eve
ry State of the Union, to seize and recap
ture his slave, ho must nevertheless, do so
without using any illegal violenco, or
committing any breach of the peace. It
is evident that tho fromer of tho net of
18 17 hud closoly studied tlio case of Prigg
vs. The Commonwealth of Pernsylyania,
and had k-cpt this law strictly within it
letter. In many respects, tho act is a cod.
ifica'ion of tho principles enunciated by
iho Court: anil moro fault may justly be
fnjnd with its temper than its want of
constitutionality.
If fugitive slaves wcro still claimed un
der the act of Concress of 1793, tho de
nial to ih 2 master of tho aid of State
iudiros and magistrates, might ben source
of great inconvenience to him; but tho'tnries are all open to slavery; that nei
eoniplelo and perfect remedy now provi
ded by the act of Congress of 1850, ren
ders liim entirely independent of.Stote
officers. And the punishment of arrests
without warrant, by a master in tho exor
cise of his constitutional right of recap
tion, but made in a violent, tumultuous
and unreasonable iiianner,amo:iiiting to
a breach of the pea -o, is but recognizing,
by statute, what was boforo tho common
law. Theio sections were re-enacted in
tho revised penal codo of Pennsylvania,
at the last session of tho Legislature, and
aro still the law of the Stato; but the
aie not now of any practical importance,
and as their retntion on our statute book
is calculated lo create tho impression
that the people of this State nro unfavor
able to the execution of the fugitive sluvo
law, und the discharge of their confeder
ate duties, and with the view of removing
this subject of reproach, I earnestly re
commend their unconditional repeal.
Whilo n majority! judges of the Su
preme Court of the United Slates, in the
Prigg case, held that a Stato had no con
stitutional right to provido by legislation
for delivering up fugitives fiom labor, a
minority were then of tho opini n that
State laws, consistent with, and in aid of,
the constitutional irjunction, were volid
and proper. And this minority opinion
is now tho judgment of the present
court, as recently indicatied in a case
which arose in tlio State of Illinois.
There is, therefore, nothing to prevent
tho revival of tho act of 1820. and its res
toration, to the place in our oodo to which,
1 1 1 ;.. . :.l.l ti.:
i b' H merit, it is sojustly entitled. I his
Iu - aii il nuva n lia nn mn nf tha r.limnnt
would leave to Iho option of tho claimant,
whether ho would Beck his remedy under
the State or Notional laws. He had this
right before the repeal ot our act of 1820,
ond, in my opinion, no good reoson con
bo otsigned Tor refusing to place him again
in the some position.
I would also recommend that the con
sent of the State be given, that tho mas
ter, whilo sojourning in our fclate, for a
limited period, or passing through it, may
bo accompanied by his slave, without lo
sing his right to his service. Whilo such
legislation is duo to tho comity which
should ever exist between Iho different
States of this Union, it would undoubted
ly tend greatly to rcstoro that peaco and
harmony, vhich aro now so unwisely im
periled. By it Pennsylvania would con
ceds no principle wo would simply bo
falling back upon our ancient policy,
adopted at ft t'ine when our people them
selves struggling for their rights, and nev
er departed from, until, by a misconcep
tion of its meaning, one of our most im
portant statutes was declared unconstitu
tional. From 1780 to 1847, a period of
sixty-seven years, Pennsylvania, herself a
free State, permitted tho citizens of other
States to sojourn within hor limits, with
their slaves, for anv poriod not oxceedinn
six months, and to pass throuch the State,
in traveling from one State to another, free
from all molestation. Was she injured, or
wastho eauso of human freedom retarded,
bytho friendly grantor this privilege 7
Thisfnuestion cannot be truthfully answer-
cd in tho affirmative ; but it may bo safely
averred, that by changing our policy, ,n
this rospct, wo havo in somo Wree, at
loast, aiienaica irom us 1110 leeungs 01
fraternal kindness, which bound togtdher
bo closely, the sisterhood of States, Let
us then renew tne picage 01 amity nnd
friendship, and once more extend a kind
ly wolcomo to tho citizens of our common,
country, whether visiting us on business
or pleasure, notwithstanding they may be
accompanied by those who, under thedoes iudoei rest upon us; bt iny
Constitution snd the laws, are held to ser
vice and labor.
The territories or t ie United fet.Ues le-
long to ui u .u. u.y..., u.. 4 m
.those territories , tna peopto or me sever-
I uin.. .mmmut innnlilu Imvn annul M.rlt.
mon expenditure of blood and treasure.
By the Federal Const itution power is gns
en to Congress "to disposo ol and make
nil noedlul rules and regulations respect
n . .1. . l.......lf'An. hi An tn,tf am ;.. -
:... i. i...:i- n nll.or iirnnorlv .
by tho Constitution, oonprcss can pro-
hibit or protect slavery in tho territories,
has been seriously questioned. Jiut, if
tho power to legislate upon this delicabj
ond important sulject was clearly vested
iu Concress. in my judgment it ought not
to be exercised. To dec'.aro that slavery
States. The principle adopted id the
Compromise measures of 1850, for disposv
ing of the queition of slavery in New
Mexico and Utah, and reiterated in the
Kansas and NeVrnska bills of 1851, of non
intervention by Congress with slavery in
tho States and in the Territories is tb
true rule. It is the duty of Congress,
when a sufficient cumber of hardy and
adventurous pioneers find their way into
our distant Territories, to furnish them a
shield of protection and a form of goqern
ment ; but to tho people themselves be
long the right to regulate their own do
mestic institutions in their own way, sub
ject only to tho Constitution of the United
Statfs.
While these views have long been en
tertained by me, nnd whilo I am sincerely
of the opinion that their general adoption
and fnirhful enforcement would hav
preserved and mny yet restore, peace and
harmony to all sections of the country, I
am nevertheless not so wedded to them
'not to reject, unceremoniously, all other
propositions for tho settlement of ths
vexed questions which now threaten to
sundor the bonds which for three qunr
ters of a century have mado us one people.
Forty years ago our fathers settled aa
angry controversy growing out of a simi
lar question, by dividing tho Territory
purchased from Franco, ond providiig
that slavery or involuntary servitud,',
should not exist north of a certain lino;
and the whole count r acquiesced in tliii;
compromise. In 1854, that restriction
noon slavery was removed, anil the peopl
of all tho Territories were loft freo to dV
cide tho question for themselvi 8. Now
tho oection.il issuo is again presented, b
tho dominant party in the north, claiming
that slavery cannot legally go into th
Territories oven if sanctioned by Con
gress or tho TVrril orial Legii-laturu ; and
that it is the light and the duty nf Con
gress lo prohibit it i existence While the
doctrine which obtains with a mnjiiiy of
tho people 111 most ot the southern States,
is that under the Constitution, the lorn-
ther Congress nor the Territorial Legisla
ture can lawfully prohibit its existence
and that it is the July of Congress to pro
vide for it all needtul protection, may n
not wisely follow tlio example of our fa
thers, by ro-enncting the old compromiN
line of 1820, and extending it to tho boun
dnry of California ? Xot ly tho monnsof
legislation ol doubtful constitutionality,
but by an nmenmentd to tho constitution
ilsell, and thus permanently hx the con
dition of tho Territories, so that thomwho
desire to occupy thorn, may find ft honv;
at their discretion, either where slaverr
is tolerated, or where it. is prohibited. If
the adoption of such nn amendment
would 1 eicefully sottlo tho dilfior.ltiei
which now surround us, I am Ratified thst
it would bo sanctioned by the peopleofl
Pennsylvania. At all events, they ehould I
havo an opportunity to accept or reject it, I
it mado as a peaco ollenng. I would,
therefore, recommend theGenorol Assem
bly to instruct and request our Konsdoril
and Representatives in Concress to sup
port n proposition for such an amendment I
of the Constitution, to bo submitted fori
ratification or rejection, too convention o!
delegates, elected directly by the people I
01 tlio Mato.
In Ihe event of tho failure of Concresl
speedily to propORO this or a similn
amendment, to the Constitution, l'"l
citizens of Pennsylvania should have ml
opportunity, by tho application of loratl
pcacerble remedy, to prevent tho dismera.
berment of this Union. This can only!
be done by calling a convention of lelfr
gotfs, to be elect sd by tho people, with il
view solely to Hie consideration of wbaij
measures should be taken to meet tli
present fearful exigencies. If Congw
should propose no remedy, let it emanit
from the source of all authority, tho poopll
tiieinseives.
Every attempt, upon the part of indi-l
viuuaiB, v 01 organized societies, to isi'
tho people away from their a'.'egianos t
the government, to induce them to w
lite any of the provisions of lh Con-tit ' j
Han. or to incite insurrcc'ions in anv, l
the Stales of this Union, ought to t
probibited by law, aa crimes of a treason
bio natute. It is of the first important
to tha perpetuity o' this great Union, th
tne Hearts ot the people, and th aetif 1
of their constituted authorities, should b
in unison, in giving a faithful supnort i
the Constitution of the United Slater
The people of Tenusylvania are devot'l
to tha Union. They will follow its tr
and its stripes through every peril. B"
before sssuminz the hicth responsibility
now dimly foreshadowed, it is their sel-l
emn duty to remove every just cans tj
complaint agunst themselves, so that tnJ
may stand before Hich Heaven, and
civi lized world, without fear and withoij
reproach, ready to devote their lives v
their fortunes tj the support of tbij
'Tm of rovemment
01 rovemment that has ver wi
devised by the wisdom of man.
In accorda jce with the proviiom
the Constitution of the Stnto. I shall V
resign tho office ofChief Bxecutivi
Pennsylvania, with which the P'T
have entrusted me. to whom thev bw
chosen ns mv successor. I shall can
I with me into tho walks of private lifl;l
1 consciousness or having honestly fli'co'
end the duties that have devolved 1
mo during the term of my office, to'
, host of my ability ; and shall ever com
th is-nrinnqt nfiWtinn for nnd the M
est interest in tho futuro welfare of I
beloved Commonwealth nnd our gleffl
Republic. The shadow of a dark
Jit