_, Pennsylvania = Legistiture SENATE. • • FRIDAY, Jan. 11, 1841. The Senate met at 11 o'clock. . The Journal being partly read, • • On motion of Mr. 111'CLURE, the further - reading of the same was dispens6d with. PETITIONS, REKONSTERNOES, &Q., PRESENTED Mr. NICHOLS presented ten petitions from citizens of the city of, Philadelphia, praying for the repeal of the 95th and 96th sections of the revised penal code. Referred to the Judiciary Committee. Mr. SMITH presented sundry petitions from citizens of ,this. Commonwealth, aeking for a law to be passed, rendering counties in which the rescue Of fugitive slaves occur, liable. BefertedlO the Judiciary Committee. Also, suridiyother petitions in relation to our national troubles. , Referred-to the same committee. Also, bylequest,,the memorial of Ellen E. Wells, of P;rdlidelphia;,asking for a divorce. Iteferred,to the BRAM committee. Mr. CONNELL presented ten petitions pray lug for the'r:opeat of the 95111 and 96th sec tions of the revised penal Code. Referred'to the same committee. Also, thalhernorial'anitrarponstrance of Nal liam A. Crabh, a citiseo, , property owner, and tax-payer ef, thie ant for eighteen yi.14.4 inembi , t of ilkq Pkoto: - sentite of Pennsylvaiiia,ramoustrating against. the Legislaturek graatiow , any aki, appropriation or support to fins institution concorn generally called the t. arnipke' High School of POntillylva nia, located..in , Oentre county. , Referred tb -the CoMmittee' On Finance Mr. PARKER presentiir alindry petitions for the repeal of the 95th and,g6th, eectiowi qf . the: .11,evieed Penal Code, - ReferredAti the*Jadiciary Committee. Also, a edition. signed by citizens of Lycont ing connty,vmying,for a law .authorizing• tbe erection citit boom at or- near Jersey. Shore, In said county • - Referred the Ccimpiitteon Canals and In land Navigation. . . Mr. THOMPSON presented• petitions signed by citizens_of Montgomery county, asking tor the repeal.of certain sections of the 'Revised Pe nal Code. Referred to the Judiciary committee. Mr. CLYMER Presented a ,petition of, the vestry of the German Evenplical Lutheran Saint John's congregation, of the city of Read ing, praying'for an act confirming their title to certain reaLeatater , . _ Referred, to the Committee en' Estates and Escheats. - . ' . ... , ~. Mr. t 1314 pinsented - Petition signed tip , GB . citizens oft 'Philadelphii,. fox the repeal of the 96th and 96th sections of the Penal Cole. . _ . Referred to the Committee on Judiciary. • Mr. liVeTtileg presented a petition of citizens' of Lycoming county, asking for a lint= at Jer sey Shore, - -in said county. Referredlb committee on Canals and Inland Navigation. REPORTg OF STANOING - ocommrrtm Mr. WELSH, from the Finance Committee, reported, as committed, a bill! entiiled "An Act relatiyia to* 'the. account's - cif the Delaware -aud Hudsbritarial Uonipaq." ' ' Mr. FUMER, from the Committee to Com pare Billa 'Made Er report,:which-wavread and recorded i i rthe)Otirnal:' ' - BiLtI3AN 1tA0.15 BLOOD hiexpla6e and preeanted , -to the Chair a bill, entitled "an Act to annul the m -writ* contract between Hugh Dowding and MaryAite, wife Referred ,to committee on Judiciari. Also, an Act-to establish a ferry across the Clarion fitoer in Jefferson and Forest counties. Referred,to;committee on .Canals and Inland, navigation:- ORIGINiTA azzoLirticixs Mr. FINNEY offered the following resolution: That a St4dirig Committee' of five Senators be appointectby the SPeaker, to be entitled "Com mittee on Federal Relations." Mr. - FINNEY explained that certain ques tions, rel Mini to our Federal, coming before the gmate, had I;6l:articular refeierme, and he tkerefore considered - the appointment -of the Sta c riding COMmittee proposed as necei. eary. The resolution was then agreed to. ORDERS OF THE DAY Senate:l:4ll; No. 1, entitled "Joint Resoin-; tions relative to the maintenance ortheCons(l.- tution and'the Union," came up-in order. .< < The reiolutions were ' read as 'follows wanurAa, A Convention of Delegates noW - assembled<rin •the city of Charleston,, in the State of South Carolina, did on the twentieth day of DecpriLbei, in the year of our Lord one thousand eight hundred and sixty,' adopt an. ordinance entitled "An Ordinance :to dissolve the Union bet{ieehitlp Sfate• N solith Carolina' and other ,States unit *NOW her under the liiebnited States of Ainerica," whereby it is.#9lared that the,said Union ; is dissolved: • - < • • .And Whereas, It becomes the . people of. Penn.- 114vania, ,through their 'ltepresentatives in this General ..Sesembly; to make - knoWn whit 'they consider' to fi,e, the objects' Sought, and the zations and ii.utitis inipdsea, by, the Constitution; be it therefore , . Resolved, by the Senate, and' Reuse-of Repreaenla lives of the , Ckesmonwealth of ;eennsylvanta, in Gen eral Assembly met e and it is hereby resolved : Ist. That the Constitution of the United States of America was ordained and established; as set forth in its preamble, by thepeeple of the United States, in order to form a more, perfect union, establish justice, insure domestic-tran quility, provide,;fiir the common defence, pro mote the general welfare, and secure the bless ings of liberty to'themselVes and their pceterity; and if the.,people of any State in this Union are not in'the full enjoyment Of . all the;benefits intended' to be secured to thein by the said Constitution ; if their rights under it are ills regardedirktpqpility djsturbed t -their prom perity rolillgred4ostlieriAiberties impelilled bj the people of any other State, full and-adequate, redress can and ought to be provided.for,such grievances through the action of Congress, and other proper departments of the National GOT emmentt,.Li,; 4 2nd. Resolved, That the people of Perimaylva-‘ nia, entertain, and desire to, cherish, the most fraternal sentiments for ;their, brethren of ether States, ant are , ready now,:as they have ever been, to, cooperate in all measures needful for their welfare, security and happiness:finder the . Constitution iffilUtinakd one:_peciple; That while they cannot sulthltifier Itheir ) foike of lib erty, inheritbd 4 ffihn' - the fonxidern of their State; sealed with, the ; good of the Revolution, and witnessed in the history of their legislation, they nevertheler nfaliftein troW; as they have ever done, - ,the'e,qAtitPloigNig.l3.ts of , the, peo ple of the chive hOlainegtates to 'the =inter capted enjoyment of - their t - OWidoineatidibitta: tutions. 3d. Rale/vedThat, that ?we-3440 "the ment and language of President Andrew Jakk son, expressed in his 411~ r 1 o Congress on the sixteenth of ',lnmiary rte' d, eight .hectiy*find'cliiity-tbiee!, at the, t of the people.of a single State to absolventhem selves atleilt - antl - VUeAt: the, eopatutt - or a ttid .other States, from thfitifiestiolerirn obligaticlns and hazlitiBlP:FigiOnClindi bePPlnese_ of millions I .con osing this Union, cannot be, ac knowledgedrafillatteallk ruttetli .repugna.aibitartO the principlo dPon'which the _general to nemmentisvofigatuWd-add the . oh.' recta whi 't maisevesd „ ekts 444 . 4th. ''' 4 110191*Ak. tl4' United . 'awl* - w- Atibit =47, m istititk . =2ZZIZ ers . necessary t n o. the.mairdenance of its autho ty, it'ik 'the solemn - and most imperative duty of the government to adopt and wry into' effect whatever measures may be necessary to tbatend ; and the faith and the power of Penn- Sylvania are hereby pledged to the support of such measures, in any manner, and to any ex tent that may be required of her by the consti• tuted authorities of the United. States. sth. Resolved, That all plots, conspiracies and warlike demonstration. agal , :st the United States in any suction of the country.tarc treason able in their character, and whatever power of the Government is necessary for their suppres sion, should be applied to that purpose" without hesitation or del y. , 6th. Resolved, That the Govraor be, and he is hereby requested, to transmit a copy of these resolutions to the President of the United States, properly attested under the great seal of the Commonwealth, and like attested copies to the Governors of the several States of this Union, and also to our Senators and Represent allves ,fn Congress, who are hereby requested •to present; the same to. the' Senate and Home lof Representatives •the United States. The SPEAK:BE. Who 'resolutions of the -Ben' ator frOm Philadelphia being -yesterday before the , Senate, the Senator - .from Huntington ' moved' to amend thevarne by striking out alit after the word "Itesolv'ed;" 'and insertingqa set of resolutions ivbieh he offeeed, and`which were read by awe erk. . The aMentiment reads MI!. follows : • - Waimkas, _A - f•niirtis in our nationalaftlrs has'a ,ariaen out of seeming ; , end imaginary rather , than real difficulties resultirm• from, the:long -existing- controversy betweewatibitious parti sans in the north niad.soutta, and, in relation to, Whidh, the public mind has trechme bitter jealousies' engendered, traternril strife begotten and: the Prienranericy, of the Union en: dangeredi:;,' „ • AND WHiRBIS This Mishit,' alibpir,gh reseffing, in our opinion from' no adequate cause, has in the progress` of unbridled passion and fanatit' cram assumed anaapeetflo.threatening as to de mend an 'unqualified expression of opinion and =prompt and decided action on the partrofthoW who - virlue and are impressed with the ipapor 'tance and necessity of preserving ; for ourselves and our posterity-.the blevaings of. this best of all the• governMents• of earth, as-transm ' itte'd to us by out%patriotie fathers. Therefore, Resolved by the Senate and Houselokßepresenta- dies of the Commonwealth of Pencasylvairia m Gen- deal Assembly-Itt, tire' - people' of ketrrisylZ I vania emit say desirez,hylOopctliation and tx.nrie. prOmise to Mieg h ick the working of • the Ha-., tional Government to what it was 'in the'ilays - cif -the, fathers of _the-constitution -ifrit can brim. ,effected, and thereby •restore- harmonyi to the, co:nutty, re, es'ablish fraternal feeling and in that lore ot. the Union, always our pride, and boast - • . Resolved,_2 That recognizing all our territo rial possessions as thiceinmon heritage of the, People, ,we, as a-measure and means of manilla: tlort, are willing subdivide this domain into Stateti,:and - ridmit,,them into our common, brti-: therhood as such, with or without: elavery therein,' according as the wishes:or interests of the' citizens thereof may dictge;torithat the Missouri; Compromise line be restored, .and, south of that line the citizens be permitted to ohdose : betrieeri: slavery and , freedoria,- tie their interests may (MLitt), and thus remove forever from •the - halls of our National. Legislature this prolific Source of strife: . • , Resolved,. 3. That to.reinoveanother mime angry discussion,andnerimony itds our,opinion ; that on: the'one.hand-all legislation , in the dif, ferent free ,States,, which__ seems , even, to die-, contatenance.the recapture of fugitire slaves, should.,be promptiv.repealed, and .that on the other hand the-fa:Dive elaive raw should be sa arirended, thatan, officious officer cannot call riporieitizenrito act as : a poiro conciitittis nnlesta violence or rescue be attempted. Resolved, 4.- That as our sentiment 'beton the general subject of controxerey, that...wipe we will try all reasonable eilhirta-to'icreintinn and sustain. otcf soUtdtermfellow :Alamos irt - Lth,e en , joyment Cif all their - collatittittrinel rights, it Is our,belief thaCth'i'n,dillibliWerillmenkia..tle-''. cidedly And unchringeably.opposed . ,t 0 the'ex tension `of elavery,.and that thhiseritlinent has been .greatly strengthened by- the fregnent ih.- dignities and outrages to thepersons of north .em people in the southern States inflicted for some , casual' exPiessibie of :Opinitift; or .'"ta'p'ir mere suspicion, without the forms of law, and which, although borne hithert& almost without complaint, have in trundredi of linatinces nf- Lr.rded- just grounds for.repilietion.; and also, hematite of the steady . and persevering . hostility :of the,cotton Stites to 'a fair protebtiorFto - free tabor-arid• the:homestead bill; 'Ea:tined: 5- That we are-in favor: of. the Union of there States, and that -we 'will - sustain the' Executive in Maintaining, the.Cinistitntion and the' Union, all their compromises and guaranties inviolate ; and that-if- all measures lookingqo conciliation and, compromise shonld imfortunately:fAl, wn are in . lavor of the stern enforcement .of the Cons ti tn do n Andlaws °Late- United Btatewat any.cost and all hazards, be lieving that, tolerated secession or inillification :would be the deitniction this.Gov_emment i , thisiirrender of all the sacred rights Which the Conetitutioa' wiely administered, secures, and protects, the eltinguishment of every 'patriot's hope, and , the -most direful event that "could ;happen this country-or the world. The Seciatiril ftinn Terk Shen 4:untied...lnt amend tithatirettd6rin t striking Pet XIII atter' the word - Resolved7,_ And iesertinga new - ries,' which he . Offered. TIM question the Serrate is new on the amendment to, the amendment. - Mr. WELSH 1 think that - a discussion of this question, should be had at this time and liar that iirpose. I move that 'the:further c sid. ration of the wlfule subject 44 our natigual„ troubles be, postponed indefinitely, Mr. WHARTON, having had .the• floor at the. time of, the adjournment on yesterday, resumed his remarks relative to the subject matter of de- [His remarks in full will appear hereafter.] The resolutions offered yesterday by Mr.. WRAH, as an amendment the ; Amendment pending, ire , t111:410 - RESOLLTIIONS relative to the mainte neee of the Constitution and the W,II)BIitRAS, arrived which threa .;- ,ens , the dismenlberrnett of the Federal Union, and is now imperiling the• liberties and ;lap-, pinees of its citizens: • , . AND Wnsantss, It beo.lmes the duty.of 'the people of Pennsylvania, through theif , ltepre-, oentatives, in General Assembly tnOt,:to ,de- Blare their, sense of the impending danger, and their opinions in relation to the duties and obligations imposed by_the Federal Constitu tion: TheMfore. 14esolved, by the Senate and Heide of Repratentativea, of the Commonwealth of Pennay/vania, in General Assembly thee, That the provisions contained in article fourth, section . . second, clause third of the Constitution of the United States, which declarrs that `•tio.perseu held to service or*la hor in one State, under' the laws thereof,. esca pinipinto another, shall,,in .consequeneti of any law "or regulation. therein,- be dischargedironr such service' or labor, 'but shall bh•delivered op ou tige„claim of -the party to whom s uch service Whihni, may be due; t': adored; inviolate' and binding swijthsile,opic.p..fi a4.lTfhe States,- sr* thatjt is a positive ValoliitkOn rkcid.Y.l,th'fof atfy state toy. or"' niaiAtil9 afty te,w'ivtich interferes . iitfiAbeligbie`of the resider te're nfairdhis fugitive slave, or enpouregis, manner', the citizens to airLiiviiii - iiaalkiof4nch. filiftiirei or embarrini, in any wanthe offic Nt the law, Irt - P4Atitifig process tinder the fci klfive Egv,;,l4 4 4,‘..i..Pfifewo, l bkr.Cupgresil, in, one, thttnd eight hundred and_fifty. Aid 2. ; Thar it le the and ditty of 4 1 4 40Ottzen:Ittetitiiiiblic * —*Moot of. this _Goo, (nonwOlth, to aid 10147741istst-4n the aftwatlott ace theetotiiptftloktt 4. the,ijoitid.BAktro,. and, • . • 4Mb . 4 .1 VAS, ;OP 2 ,1 ' Aid& At 4 e VAtft* . v.:414k . t• 1,• LIMN the acts of - Congress pa-sed to carry -its pipet : talons into cffcct ; that any act of Assembl3, 'which interrupts, impedes, limits, embarrasses delays or postpows the exercise of such right and duty, is a plain and direct violation of said Constitution, and that it is expedient to repeal the fifth and seventh sections of the act entitled 1" - lin Act to prevent kidnapping, preserve the public peace, prohibit the exercise of certain powers heretofore exercised by judges. justices of the peace, aldermen and jailers, in the Com monweaith, and to repeal carton slave taws," passed the third of March, one thousand eight hundred and forty-seven, and also the ninety fifth and ninety-sixth sections of the act enti tled "An Act to consolidate, revite anti amend the Penal laws of ;his Comluunwealth,"‘ pass d the thirty first of March, one thousand eight hundred and sixty, except that portion of the ninety-fifth section which defines and punishes the offence of kidnapping. Resolved, 3. That the people of . Penneylvania fully ,recognize and acknowledge the equal '`rights of all-the people of. the several States in the common territories of the Federal Union, and that they earnestly pray that such amend ;meat or'ainendments may his Weedily made to the Constitiition . of - - the United States, a 8 will permit the sitiseatiOf, aIi.AS . States ,equalli, to, sink:rash' -territories, without Jet t , hindrance,. or, molestation, tram any-quarter, and thus re qUesticin-itit Slavery forever from the :pub rice]: arena t. Resolved; 4 ,That the people of Rennsyliania 'ate' now, as they ever have been, true to the" Ronstittiticia end the Union"that in a - Spirit of justit e exclude, froth: thileanuneils all measures that are calculated Aolgitatia of tnfl ime any'portion of this Con ledereS,t, that they exhaust all li4cerible 'atidoonstitutionaltemedies to Pretent, struction of the common—bond4rul._ common &AA hood, and that, clearing their, record of ad cause 8. of coraplaint, no matter from" what qpor ter they may comely they will. Stand tin illacnirigly by the Executive of the United in all, his efforts to maintain the Consti 7 tntion, exact obedience to thelaws, and pro tteet-theiiiroperty of the general government. Resolved, 5. That the Governor be and -is hereby requested: to. transmit a copy,pf 'these 'resolutions to the President of the- 'United States, properly-attested, under the great seal 'of the 'Commonwealth, ancllike attested copies to the Governors 'of the ,ieteral States of this', Union, , and also to our Senators and Represent ',advert atiQongTeSs, phi) are hereby requested to present the:same to,the Senate and House of Repre,sentatiteaofthe United States.. ' Mr? WELSH. I do not desire or intendat this timet:_te enter into an elatiorate Aiscussion 'of tht Proposition submitted_ by the gentleman from,Philadelphia, (Mr: Smirn,)the gentleman , frOm*TfuAtir!g4 ol l, .(Mr. Wmurrth't) 9r nlYsett I was.inhepes that these questions would have been decided, if pOssible, withoot - Sq sire in;order that no augty feelinginughfaiise ,from such discussion. At the extraordinary statements made by' my fliend from. Hunting don, demand that. I should say, one word, 'at least, in defence of the propositions I have of fered. The Senator from Hantingdon as serta that _ the resOlutions I have, offered, as well;as those of the Senator from Philadelphia, ventured; no „proposition . for the : settle ' thiment of general questions before 'the (pantry; that :his resolutions, only; contained anything, of-the nature of a- compromise, and that they were calculated to remove from this country difficulties which are now hanging over, us:, a e main porn e .resolutions propo sett bymyself, I will frankly state to the Senate. BIS contained in the'first and second resolutions, Which deelare that ;the alitaie in the ConatitatiOn relative to the rendition of fugitive slaves is sal cred,, intiollitetan&binding upon the people of all;the States:Of this .corifederacy, arid, that any Act ofc Assenibly in any State, which ember:aka; es, impedes or interferes in the slightest degree with:the.execution 'of any laW which:has for its object :the execution of that .clause of the Constitutionyis a positive and.direet violation of thatinstimment, and should be_ pifemptly-..re.:, Pealed. do not wish, nor do Inow-hitend to argue, whCr4eXPrt - r-l9t 03,.. — ,49 , .;.rrr11l time in Pennsylvania, which is in direct viola" tion of the ConstitutiOn Ws:enough frkune kaoiv-tbat there are, laws upon , our , statute books at Ent tune which embarrass thendne exl. ecution of the-fugillv,e slave law. It is enough tor ;zits'.. to know that - thousands and tens of thousandi of 'the citizen - a:Of this "Common=, wealth, Without i distinction!`of Party,: in their capacity asSovereigns; 'flak thakthai Legislaturei shall remove frofii the State statute bOolili every cause of , complaint ; existing' of this One there in-Order that the great- Commonwealth-of . Pennsylvania may stand redusid before:the! people'of this State and Pillow: - Whin she as: sames`' that pbsition, she can with .propriety stand forth in defence of, the Constitution, ex acting obedienhe ,to . the laws thereof, without feeling that within her Orin borders; there are in some 'measure real causesof CoMplaint., The Senator from Huntingdon has made some most extravagant afiteinents; and; among titliOrs;onn which improperly chargesrthe Democratic paity - With being responsible for thetenactment of the 95th and 96th sections of the reiise&Pertal Code. If the Democratic party la.'responsitild' for .the adoption or those two s of the Penal COde, passed; ae r it Was, by a . Rep - Ohioan - Legislature,. I, standing here, as one the methbers of that great party, am willing: to avow that if we have done Wrong by the adoption of suchmeasurw, we. Will talce ste„psbaeliwarcl;and - Undo What Was; done: last year. r . kaal' .. ivOili-ig r f tge, the responsibifityl, Of admitting an error, such :error 'eX-1037 Furthermore, I would* add, not only in refer mod to those two sections; brit to. every other section or statute on ourlsicike, the enactment of whichcaribe, justlycbarged - uporithe DemOcratic. PiUti, that we are willing to admit that:we have done - itimig, where such is the case. Go, thou, sir, (turning to Mr. W,ltairroer,) and the rest. of you Republican confederated; and do likewise: So far as concerned, I freelyhonfess; before the Senate, that'l _not a single s principle in politics at this lionewhibn I would'notria cheer:' fully lay, down ;as I would my life- to pre serve this Union under which we- have lived so long, so prosperously, and so happy.-- . I am willing at this time to make all sacri fices I possibly can consistent with my duty, to rembte from our statute books and wipe out from the laws of Pennsylvania every„,orsise of complaint, and thus stand before . the Union with a clear record: in reference to 'this queistion: -I believe -that -the voice we hear speaking to us from every part of :Penn- syltania—the voice that we will hear,. every Iclay, though we continue; ur sessions until the lilt of next January, if we do nothing in refer , enee to this subject ; the voice of a =very large majority of the people of *Pennsylvania, de mending from the State Legislature the repeal Mr._ WISH. The . Senator from Franklin of Obnoxious. laws,- should. be respected. -I will has very.properly called upon me for an expla not even say that, those laws, considered'obnoit- -nation in reference to;that portion of my rew , one andiunfdendly are unconatitutional, 'but I lions which calls for the repeal of the sth and believe that the voice of Pennsylvania demands 7th sections of the, act of 1847;, and lam sorry that we' should repeal those laws. I may be that he should,hay'e etteropteto lead the Sem told, asd . have been , that , it was unnecessary-to ate of Pennsylvania, to believe that the object present those .resoltitions. now,. because a cora- of -, 'the fifth'section of tb.eitet, of 1847 is to repeal rnittee of this hasbeen instructeduto re-: ;the-wit of 'habeas 'corpus in, this State_ The ob '-'-'the repeal' sth`' is' - port in reference to' these questions, arailhat jest of r of the,section:, nothing, aftethogr report, has been made it will be time of the kind. My resolutions — do not,piptore to enough to tiiheitaiOnupOil this question„llnt, repeal any statute or. section , which gives to all sir, ImultitcOrifes' swithalittottut.to2.lt, theeitizens of this Commonwealth the right of twan admittirititliiiability,tuld:Pittionf, the writ of habeae corpus. Thekbth,seetion of-the Vitt& emencomposingit, that I have no hcViss ' act of 1.817, , artin-fact the whole of that , act, was of relief om. it. The remarks that were framed with a direct-reference to this slavery at theti e the resolution which was referred to question, the SW section referring direct -1 that ixkomitte(N , was under 43C118810114 clearly ly to this .. point :, that "when a . - fugittve ,bidicated. to my Mind that 'the report of that slave was 'arrested on the soil of 'Pennsylvania committee would be adverse, not only to the and it, was proposed that he should be deliver spirit ofl the*resolutions I have proposed, but ed back , in accordance with *myna of Congress, adverse to the Ofithlllll#lOf the peopleof Perin- lha t t'then a judge of court had aright to is 14,1Thnial tuf eiciallly thepeptionsprasented sue a writ - of habeas eorpts 3, and take this alive, to this&mate. ~,*(iritbi. (treason lifeit lit ',claimed by his master, out of the „ixweadcii i . : o f OXY- 4 ° WI ; .' 1 tid o : 4 4P le s t ik the attaAa RlPAOoatieo -' 8334 possibly tiokitho tree. - I :of the , . ',v .I . „,,gSn I*. ,i'',. 4 ks . 0, „wr,bare to - day. that I ~ never would vot e; iklall-i !,>'? fte the AtitlYe slave' law 'l , 3tlei z ik` i n 16,„,' z ,- - , • 1,-. 11. i, • .. t, , . y .:% I, - ..., .•:. ~... - , ! : ' . . ",....,,', i.,... .. 42 1„. .............*-----. , 'it,a, ~.. ~,,, , 1 ~. ,I , • r ,.. _ 4 . , ~ , .:', - 4telt:A. bilik tkrittaolik • eli:.'ll, , .i. , ., _ i..-.. . ..„,:ii---, taIOII49IIIIPMMISA , , 4.J .,, xifOr#olo-1 - 41- t. A,* ..YA4l'Z'..",..* st V AO Umn=nmal - • ofiTaenNyrrteplsr what-- h made by the ewithoutver Senator- committee, nthe-tow I f t l r i nom extraordinaryg will Huntingdon, f n r o t . m ti 1 a te statements in reference to the position of the Democratic party, and the charges made by him of that party having brought upon this Country the difficulties and troubles which now surround it. These charges bear on their face their own refutation. I will not occupy the time of the Senate by appealing to partisan prejudices outside of this Senate, because I know very well that this is neither the time nor the place to indulge in such allusions. lam willing to let such charges go before the country, and have them decided. in strict accordance with the facts, as they exist. When the time comes for the two-po litical parties of the , day—the Democratic and the Republican-„—to. be arraigned before the country and examine:d,as they probably will be, in reference to the difficulties which now distract this country,-and -the question is asked, which principles of the two, party plat-. forms are chargeable with the result that now exists, I alai 'perfectly confident that the right I will be detemlinedin faVor of the party: to whiCh I belong. I.wilinotenthr into any lengthy , al': gurneht relative, to' the resolutions propped by I either tb:mSenator 'from Huntingdon`or Myself, ,kgicause I take it fcif tianted that they will both be voted down. The ;original resolutions then coming before us! I -undertake,to,show the Senator frOm Pliladelfilia that there are con-, I Mined , In, his'itaohitions, propositions just 'al hostile and inimical to the peace and dignity of the peopleirPailnrybrartia - altdroftlias" 13niorr; - as 'anyallaged bydds grtylto,he contained. in. =my I will° illowliur that Ilay ale4ritof quite as acceptable - to the minority onthis floor, , 1 as he yesterday. indulged-,the hope. that -they would - 4 -Ili Before the Senator from - York takes his seat I desire-to ask him atmestion. The 'resolutions,: submitted by the Senator from 'Philadelphia, (Mr. Shim) ; ...directly raise the questioh to the right of the StateOf South Caroliga` to dissolve the Union of 'these States. I would: know whether the - Senator from York recognizeS that right or not? And I desire fur ther to khoW the reason, why, in the language of the resolutions of the Senator from York, section 96th of the Penal Code of Pennsylvania should be repealed, or that the Judiciary Com mittee slitoild report in favor of sueh a repeal. Mr. WELSH. Ido not feet that,l am ealled upon to.make an, argument • at dna time either for or against the,,right: ; of secession, :State. 'When I do so consider myself called upon, mid I am called upon to State to the.people of Pennsylvania; My - belief whether the po sition of South Carolina is :right or wrong, ...I shall be ready,to meet that qhestion: Ido not' "think that any, man in Pennsylvania will -at tempt justify _South Carolina in the course thatilie, is,now, Pursuing towards this Union. "Me naked" question of the right of secession is not the only one involved in the position. which, South ,Carolina hasoissumed. If, even 1...fe1t that a State had the right to secede from the Union, I . would not pretend to say„ that the causes=-which at present. exist are sufficient to justify_ the State named in-.breaking' up.this Confederacy. I have my own iieWs in refer ence to this deetrine, which will at the proper tithe. 'ln referende the repeal of the • 96th section of - - the Penal Code. ' inserted a provisionto that effect in my resolu tions, in obedience to' the will ' and. Wishes of thousands and tens of thousands of the people of our State, who have petitioned for the re peal of that in connection withthe 95th section. I made such an insertion for another reason, which was, that A desired'to remove from the statute hooks of'Pennsylvania, every laiv and , section n of every law that might in, any Way tend to interfere, in the slightest •degree; with. the rights, under the Constitution of the United : ,States,,,, of any'portion of this Union Those' were the • ' reasons inducing me the resolutions I offered, the 96th 'as' well as the 95th section, excepting tllktairii#l6P - WEthe lat ter which cl*es end punisties. the offence of kidnapping. - mr,ITAT,T, The senator from York avoids an ..answer - to the questions- I 'lave jut presented iii thia'Senatcreqming , mainly from'citizens" of 'Philadelphia assert no reason why section. 96, to which Alaye referred, ' slionl4be repealed. . He urges - that repeal on the groundthat'thepeople of Philadelphia, end of certain other counties of this State; choose to ask for such.repeal, without giiing any reason.. I desire to know whether, if the, reason:present •ed by;,the Senator is the only one apparent for the feptitrofthie section, why lie asserts itsun=- constitutionality: " Mr WEI& .I did not assert that it was un constitutional . ' ' I Mr . 14 AT have examined this subject Witlia great deal,of care; and am • now .of the opinion that there is the best reason in -the world why:section. 96 should remain' on the statute books. • • 3,ltr:li'CL - CFRE. I desire merely'to have the SeniVir from-York placed in , the right.position oh this question, I find before us a, proposition - Of that Senator, to which I call the ,attention OP the Senate, in which :he desires to suspend the writ of habeas corpus. A proposition comes from him te re establish slavery in PenitylVa nia,-.- expected to hear:an argument front that, laving reached the noon-tide of the 19th., century, the right to the writ of habeas corpais should be abolished—that this sacred writ of right should beabiogated . bi this land of libel., ty„ and that the time had come. When we should re-aablish slavery Pennsylvania. That Aiiiuld have been his argumeht, for that was Proposition. I would remind that Senator that, in. all his remarks, lie,never approached the subject of his own positio.", - Ti appeal'to the Senator, frOm York, (Mr. Wstaii), either to with draw his resolutions or come upsquarelyin their defence, and assert the right of the re-establish ment of slavery in our' - State. He will then have the merit of candor and boldness. The gentleman from Huntingdon (Mr. Wilsnrosi) now proposes, what he never befare advo oled, that slavery should be established.in a part of this Republic. He proposes to bring the Government back to the , position in which , it Wasestablished in the days:of its Fathers. • The law of the land then was that of nature and of nature's God.; it, was that,the normal condition of every man was free ; and then he propospii establish precisely .the reverse. I cannot -un derstand his mode of logic, ihstillinittin a c , snoh a propositicin'tzi the attention of "grave Sehateis; and then himself running away from it as far as poitible for'a Man to run. If 'that Renator`pro-' poses to bringthis Governnient back to what it Was; let him reflect—and the fact is admitted by all the modern Governments of - the world— that God never mademan of soil any other than i!II 10 - give tat i - - • o had escaped from his roas ter tharight - to the writ of habeas corpus. Mr. SMITH. Can the slave have that right under:the act to which the gentleman refers ? Mr. WELSH. If there is no legislation that interferes with that act, and which is not need ed on our statute book, what harm will it do, for us to repeal it? Here is au act upon our statute book that relates to that right. The people of the South say that a slave has that right. The Senator from Philadelphia (Mr. Surat) says that he hes not. Why should we not then, make that assertion upon our statute book ? In reference to the seventh Section, II would call the attention of the Senator from Franklin (Mr. M'CLoun) to the fact that from the year 1780 to. the year 1847, only thirteen years ago, a period of 67 years, this very same I right that now I ask to be placed upon our statute book was exercised and enjoyed. I re fer you to a portion,of the•message of the Gov-. ernorc where that, offices takes up„this whole question and discusses it with ability, and in which he says distinctly that ; ' • " From the year 1780. to 1847, -Estfieriod of 67 years, Pennsylvania, herself a free - State{ per , milted the eitigens. of _other ,States..to sojourn within, her limits,. their - slaves, for any period not,exceeding six months, andlo l pais throUgh. the State rn traVeling from one State to another free from 1411 molestation Those are the ideas of.,a,Goyentor of „Penn-, who,tella us that for 67 years, aperiod ending only "13 years ign, While the SeintOi from,Frardrlin was letlvely. engaged inithe Atiery-of-Pennsylveniathis Aaron right iemisted. that I nowchtimshotild- exist forAhe people of 'the Southern" Statee.. And that is the reason Thave referred to it iii mq resolnj ions r. M'CLURE. 'I 'have accomplished 4tll-1. desired, which was = to , bring. the Senator from• York to the _advocacy of his - own _propositions. I Ibumia dis Position on the part of gentlemen, who are continualYnnaigning andmisielireSent; ing Pennsylvania to Mr. WELSH.. " Eines the Senator refer to ray- - self as one of those individuals? . - Mr. M'CLMZE.. The gentleman will nraler 7 ., stand me better get through with my remarks. The men who have sought here" to tarnish the,fair fame of -Pennsylvania—and I desire to place the Senator from :York :in that category—have, yet, to point us, to, a single. wrong connnitted by Pennsylvania. They have dealt in charges, but in no single instance re.: ferred to any. singlenct in which we, as 4 - State, .hafe r adteil faithlessly.to the South. • Proposi tiona'are presented to this Senate, which do not exprem on, their fake,:their real.purpose ; and I all the attention of the . Senator from York to the fact the:right of habeas anru, Which is justly regarded as the highest right of man, is to be stricken, down by, the adoption of ,his re sol tions and' that the resolutions also embrace apon't ie introduction of slavery into Pennsyl wird& I have no doubt that - the Senate will act understandingly-with-.reference to the it solutions urged-upon-themfor adoption. hylha Senator from York. „ „ , Mr. HALT.A. - rimi in favor of the passage 'Of the resolutions'offered - by the Senator from Phila.:. delphia'(Birs - Smrin.) , Having' - been a member of the committee who,'reported = those resoluf tionk I am not disposed:to porn& any. Senator, to - shirk the real question at isine. I shall put myself upon the . record fairly and'squarely on any and , every question that will corde - before the. Pennsylvania Legislature; and I intend, if possible, to have, gentlemen, who differ. with .me on this question, put themselveS thlis fairlY on the record. Hence; directly 'put the ipies tionto the....-Senator from _York, - dO•you meog nize.the right the State of South Carolina to fire into the ships,,of the Nntional Govemment,? Mr:WELSH. I rise to explran. The Sena . . tor put no such question to me.. Mr.. HALL. The Senator from York rises to 'ake a greatniany explanations: Mr. WELSH. I will not - allois- -- the Senator from Blair:to misrepresent my opiniOn.,l Mr. TVALT4 :The.question of : the.moognition or disavoWarof the right of . the'Stnte of gouty Caiblina : dieiblire'thistrnion; or the'anthort ty of the GeneraliGirveriunent to-coerce a State, asenator . - from . Phila.delphia. - L take it. ;that tlierehilm min the Senate of Pennsylvania reokless :enough to assert tfie ig3 t of.a State fo secede ; 'tip assert that South Carolind is justified in the treasonable, measures to which her, people.have resorted. 1 came here prepared „to discuss ihis point, but the ' Senator waives it; thud tacitly adniitting proceed' to the 'Considera tion thereal question-before the Serutte..The Senator from Philadelphia,., spend da.ys.agp, introduced a series of resolutions winch, with thatientlemari; -had hoped would meet the hearty-Mneurrence of every Senator upon 'this floiar, and received the unanimous approbation ofthe Senate, as well as the concurrence , of the co-Ordinate branch of the Legislature. I have been.disappointed; arida aim sorry for it.- Bat' what are the resolutions of -the-Senator from 'Philadelphia, and what do they propose? Where do our Democratic brethren-stand on -this ques tion ? suppose that ;the Senator .from ,York speaks for his brethren., ~ , ,Where is. it that they take issue isith Us'? Ilas - question shall"be un demhxd. Wewill all 'be :placed; by our votes and the expression of oar opinions, =upon the re-. cord, 'that the people •of Pennsylvania, may. sit.in judgment, upon our actions. • . The -resolutions offered from ` ,by the Senator Philadelphia are Union loving and conservative, true to the interests'of-th_e: people. everywhere. 'They assert that this Union, shall he main tained ; that the Constittition, as it is shall exist; and" that the Obwer of'-Pennsylvania shall be given toward preserving the Union,l the Constitution and the enforcement of the laws. WhO takes issue with me? . The Senator from ' .sets forth 'by his resolutions - that the State of South Carolina has declared this Union to,..be _ dimolved. That Senator also asserts, by hia.resolutions, that it becomee, the duty of the„State of Peonsylia nia, in this dondition of affairs, to make 'known what they consider to- be the obligations and' ,dutyimposed bar the ,Constitution The Sena tor from York says it bedomes the duty of Penn sylvania, through her RePresentativesin Genera.l Assembly met; to declare her sense of 'the all pending danger, and her opinion in , relation to the duties and obligations imposed by the Con stithtion. Thus far there is very little - difference in:the preamble-and resolutions.f the two Se natOrs. . The,Senator from. Philadelphia then sets 'forth that the: COnititution ordains to all the South the same'right's as those enjoyed by the Northousd that Re-recognize:-those rights. No one disputes, that.principle; no,political or ganizationwohiddaredisplate it. But thethirdre solution of the Senator front Philadelphia cififfinct-: ly, raises the question as to theiight of the State of South Carolina to secede from the Union and to destroy the harrnony..of these, State. The third remiuthm Of the SenitOr .from York sets forth that sections 95 and 96 of the revised Pe-* rtalUode of • Pennsylvarda, are either unixmati tutlornl or are irritating in their nature, --and should, be repealed. It -becomes the Senate..to look at tlfe section sought tobe repealed 1)Y - the SSnatUr from York. BefOre' ending nly - 00111- INlnfiOn of these two.§ettb of mosautions, I would merely observe that the -real question presented by the-first resolutiona has not been touched uPini hyi the' iotheetiettOf teiplationti. . 'We rid* come to take issuevritli the Sernator from York, on the question`; Whether Sections 96 and 96 of the: penal code Should be repealed. 'Snowing, M that Sena,tor certainly did, that the subjectof the repeal of certain sections of the pemd rode Was referiadici the Siaileiari Comniittee a few days ago;lt appeared to me 'strange that he would frame his resolutioha as he has. Section ninety-ffve, to whieirrefetenCe is made, sets forth that no Judge' or thagiiitrate in Pennsylvania shall Interfere with the due enforcement of the preient fugitive stave law. Is there anythin g unOnstitational In that reiltdrentent; or tuty tidig which4mM p • I< , - ,;distru i ld by th e lineage of US, rgnittteAtisti.4-144retuaid, iau AM V • tr-itigitte'l &:c-NA =I Aqe, - 4vor.,llNc,lw. ..,44,444Vt..11(4,.,V%0164.a.,4,14, part to give them their constitutional rights' Certainly not. It is calculated rather to pm mote what they desire; to wit, the due enforce went of the Fugitive Slave law. Section ninety five further states that. the Vriotous, tumultuous and violent taking away .of a fugitive slave shall be punished, in the nianuar prescribed therein. I shall give my views upon that sub ject when it is presented for our consideration by the action of the Judiciary Committee. I will further say, however, that the Governor of Pennsylvania, in his annual message, states, very distinctly; that this section is not uncon stitutional, but strictly . within the letter of the ruling of the Supreme Court in the case of the Commonwealth vs. Prigg, reported in 1832, hut that it is irritating, unne cessary, and hence should be repealed. We will talk about that another time—after the Judiciary Committee report. Section:bb. which the gentleman would have us ; wipe from our statute book, is simply an insertion in.the pres ent penal code of the .Act' of 1826, 'excepting its preamble, 'and for the - infoinuttion of the Senate, and as the reasons forthepeatageof the act are contained in the preamble,. I- will read Wnenza.s..lt,bgeprettented toithe Legislature that abuses of the several acts of Congress and of this State, relative to fugitives from labor or sekrioe„ have been committed by persona who havepurchased, fugitive% alleged to have , been alaies and property,of „inhabitants of other Statitti'and have afterwards,:under color of such pnichases, arrented, - or caused to be arrested, such fugitives, within the .lithits of this State : Ann,JVheriav,, The higgaves, ,pow abhor s by all timsiiviltzed.world, ought - not, in the I.%htelit degide, betoleni, in the State of Pennsylvania. Therefore; ' Samos 1. Be it enacted by the "%Wood House of -Representatives of lhe , Onne - unnoealth' of Patin* write, in General • Argebibly met, atid it is hereby eft acted i* the authority .g the, : same, That all sales that shall; ereafter be'made within this State; of any fugitive oitiigiti.es from service or labor, who, at-the'time of' "Inielt sale ar sales shall be within the limits of thisiState, shall be utterly null and void ; and. if any person or, persons, under &tor or Pretence of any web sile•ofsales, shall seise, arre - itt, - s - ai by intirMillation,ieduction or fraud, shall reniove, or cause toibe removed leora this :stetk:aar. any :: fugitive or fugitives thus sold,. or attempted to be ,soldhe,.she or they so offending shall forfeit snit pay thie'sinn. of five.hundred dollars—one-half thereof to the.nse of the . Commonwealth, alirtlie other half to theMie of' any person mentor theseine. JOSEPH - RITHEIR, _ Speak-Bri AI the Alause Of ER X 7 .r4 TiOiL iiirsoN , no'' the seventeent :MOD day of April; one thousand eight hundred and tantity,-nevert. . 1 0 1 . 1 r2iT• frkPTIZE.: Now, Mr. Spanker,where can -we per ! .y.ve. any reason for strng this section' The Oovernor not' informed . us. The 'Senator - .from York:has not informed:us; no individual 'iThati 3 / 4 *,4u l s - Shclw4 uPa.r 9 3 , eag ( f o F. 542 P._,Ong; and in my belief , the, very best - raisin is set forth in the preemble why the act` MIMI° be enforced. Until some itanon. sentedfor the adoption of themeaeurepruyooed• we Stoirld allow that lectiontb stoodshinnetkt lated'and untettglied,.. The .SePatCSIMMr s troductiort of his resolutions, „ bangs guestion into the arena of 'ilebah3: bomy ' mg ,that the people of the Stialthavikirevfight toiecite in the'Territories this anted States with their property,:thereby implying that that property must be.proteCted,Atere. Thus, he ',raises a peliticatiasut - thafwini - deaididin the last political campaign'and nebided!ritiversely te that Senator's views; and :complains, of; the action of Republican ,Senators on,thiafloor be cause - they,oknpt see,,ft to give away a bathe they hayee,*iiii. AS well Might COrriviallis have fixed arid 'demanded his after: he nad,aurrendered to the victorious American General; a tonqueror instead of +wavered. ` 1 150.. . The Senatior states that a question lait pOlnrcal'ca'm paign. To whatidtkiiire refit Mr. in-the Tprr it Arieto,t4 riglat;ofthp,roPy of the Sonth:thtake:tkoir kames there and' mold them tut riioriertknilder : the - oetiblion i v > l l the Constitution of the "United States. 5-- Mr. WISE: • Des .t.herSepatOrTafain tq.aa sert that a ukajoiity•of the,iteople of the Muted States decided that, queoiOn by the _.6il • Tectiost. of Mrs Lincoln-? - - - • 4A 1 4- , .r 4 0.00 :410cPt- Mi.WELSM. Then I inform theientlanam . tbi there was nearly , kraillion of.Totabont, 900 ,000---of,a m494* OPPosed to that P4O - • : MALL And I would.mowTyr' eof tare Senator What .veers the views entertained by, thcise voters Who : past..thair isuffiiiiges for Mr. Douglas? • . Mi., WELp/El. I 4ziof pretend to adiocate the. Dpuglas platform,hut:if I understand it Ccir rectly:lt. is, ,that the. of the Soritthaire people . a right to go . into the. Territories of United States with theirprOper, y, and_ when.the question of sovereignty COMeS before the residents of a Territory that the people* thereof have aright to decide whether slavery shill, ex ist in t t4at Territory. !Pat, peeple - Of the South have aright to hold their Slaves in :Hiatt Terri to - ry in accordance with theh wishes of the peo ple 'thereof. • Mr. HALL. One of the ;resolutions offered by the gentlemen is indirect ,conflict with the doctrine of Mr. DonglaS, I grant the Senator that it may be a difficult natter to divine the political sentiments of the Senator from Illi nois,' because he bobs around so - continually that it, is not an easy, matter, to tell where that diistifignished gentlemen does stand - on the:po litidal questions of the day. His "graitprini pre" changes as he moves North and South ' of Masons and" Dixon's line. I assert' that when the people decided this•question in the last po litical campaign, their verdict, so faias the Fla- Very question .0 concerned; was in' favor of the great -lirinciple—that livingidea—that "Free dom is National—SlaVery is Sectional.v Upon that principle :I would freely,go before the.Pea ple of Pennsylvania again, But, I will not dis cuis that queition. shall not be &air. into it. The resolutions' Of Senator • from Philadelphia - were designed and7fiumed so at. every-Senator might:vote for thetnT 7 any, friend of the Onion—and that by, the _unanimous con sent of this Legislature" oil - might be thrown on the troubled waters. I Can very sorry that this has not been . done, Neither the ,Senater .f rom York, nor any of the gentlemen acting with can kiv.a an r4acnn. , 17 1/i theY will not "suppOrt those - Does he pretend to say that the" - government` should ntitAxienie a BM* or that South Carolina halt not a right. to Mr WEI; * Ft 1 informed 'SO hi' that r would answer h m at the proper W. - HALL.: Why will not 'every Senator on thilrikor vote fur thA - ,propositio!r i ,the :Juno rakof h aveßtteroptefrib4fiy, to ow.? Inregard to Ihe resolntiOns 0ge4.4. ‘ .l3y the Senator Shin rhitith Wi thin I do not inten& -, toAdiscass them. .;I, think he shad offered. , thelnitwit t kont due, centidezatice, `' l WWl* % P l i s ct49 l ! l °VA ! for theY, tOo,:„ bring a; tiolitieei queithin ' into this body With which we hi* iiOthink, to-db. I rdli. Submit:lb the actiorrof -, Oongni - 4 3 in re gold to, thcionttinp he,setsinyth and as long, es the .eneetment-IS ittfeace, Provilled• it 113 V* l /0/ 1 10nal; tsivti defend and to itie'rip Witt kit' 'the iitiantions of the Senator foxashlindelphisirralso4iimg of that _character., essi n -.We asaerktundhlity to , the Union, koor fidelity, • to, the laws,. and deolases that theConstitntion as it in, 'mist - and shall be uresecred and znicintakied. 'if a *he is inn& upon. the Cioneral,Got by . the We of South Cazollouor Althea% fittite of the 414°214 WOEMOzi,k44.l%olll,AeldiCOUr.POW *littADlo4;rte,l4:44,llild 411164:14 ‘ 1 4.netta 0 " - -; G
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