_,
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
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