Daily patriot and union. (Harrisburg, Pa.) 1858-1868, January 08, 1861, Image 1

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    RATES OF ADVERTISING.
your tilled or less constitute half a square. Ten limn
i mam than four, constitute a square.
.0lia:10.-. str.2s Oae sq., one day $0.6(
4304 --- 1.00 " one 1.21
enc. swath— 2.00 " One month.... 3.ut
thrC. wouthe. 3.00 " three months. 6.1.1
sir:months— . 4.00 4 . six :youths.— B.or
ons year.— 6.00 if one year..... 1.0.‘e
Bissi 'Jews flatilega inserted in the LOCIAL 005.0101. or
N,fora nlirrieges and deaths, Frrli oEsrs esti LINK for daub
.usa tiou Co went:assumed others 4.lvertisingby . the ?rap
beni Will ()endured.
no number of insertions must bc.lesiqnsted on the
dwraitmeet. •
garetagen anti Deaths will be inertial at the same
zstBB 14 regular virertisementn.,
Boot o, iotationerD, 64c.
BOOKS.—School Direutora,
Te.ichdrs, Parents, Scholars, and others, in want of
School gooks, School Stationery, Jrc., will find a complete
assuct,a,ni et E.' III..POLIAOOIK. & SON'S BOOK BTOItS,
aw-kA dinars, itiircisburg, comprising in part the follow-
READ ERS.-31cOntfers, Parker's, Cobb's Angell's
SP &LIMO WOES. —AsGaffey's, Cobb's, Webster's,
Cowes's, Ryerly's. Comory'a.
EN4.11.1.811 Smith's, Wood
triage's, Emateith.e, Tuthill Cart's; Wells'.
HASTORIES —iirimshaw's, Davenport's, - Frost's, Wil
sows. Willard's, Goodrich's, l'innocit's, Ooldemith's acd
Clark's.
Aft/TilllETlC'S.—Greenleafle, Stoddard's, Emerson's,
Pike's, Rose's, Colbnro's, Smith and Duke's, Davte , e.
AlaSßßA3.—Pareerdeaf's, DKVie'lls Dare, Ray's.
Bridge's,
DIOTIONARTS.—Waikeer School, Cobb's, Walter,
Worcester's Coaprehensive, Worcester's Primary, Wes.
flees Primary, Webster's High School, Webster's Quarto.
Acsdenne.
NATURAL PRIGOSOPEUES.—Comstock's, Parkere,
'Swift's The above with a great variety of others can at
fay timo be found at my store. Also, a complete assort
meet of School Stationery, embracing in the win le a corn
plate outfit for school purposes. Any book not in the store.
armored et one days notice-
I' Country 14erchants supplied at wholesale rates.
MALE &CS —John Baer and Son's Almanac for sale ai
B.M POI,LOCK & SON'S BOOK STORE, flandsburg.
E - Wholesale and Retail. myl
JUST RECEIVED
AT '',.-
SCHEFFER'S BOTESTORE,
ADAMANTINE SLdITES
Of 'VARIOUS SIZES AND ritume,
Widab, for beauty and .nee, cannot be °Keened.
REMEMBER THE PLACE,
SOHEFFEE , S BOOKSTORE,
NO. 18 MARKET STREET. mart
B 0 OK AUCTION.
F. FRENCH
BBN
Will supply him old friends and customers with the
following Books at Ruction prices:
Pacific' Railroad, 10 vols., complete, 4 illustrations
224-
Japan Expedition, $ rob., eampleteAllustrated 4114
sl2_ -
Emery's Expedition, 2 vols., complete, illustrated
Illuminated, 310.
Congressional Globe, $1 BO per volume.
Waverly Novels, complete, 1.2 robs., cloth, $lO.
Llf 21v 0 15 4 karmic $34; it c.,
k. 0., do e.
AU of the above Books I will deliver in Harrisburg
tree of charge. BEN F. FRENCH,
278 Pennsylvania Avenge, Washington, D. 0.
febil-dtf
N E W B 0 0 K 8 1
.11:18T RECEIVED
aSKAL AND SAY," by the anther of 6 , Wide, Wide
Warld," Dar are and Canny' &c.
"HISTORY OP METHODISM," by A.Stevens,lAL.D.
Par sale at SOMMERS , BOOKSTORE,
%LS No. 18 filarks et.
JUST RECEIVED,
A LARUE AND SPLENDID ASSORTMENT 0/P
..E/C111.5 . GILT AND oßivitatifivrAL
WIN DO ter - -t; URTAIM.S.
PAPER BLENDS,
Of various Designs and Colors, for 8 cents,
TISSUE PAPER AND .0 UT FLY PAYER,
At Ernyß.ll SCIIEPFER'S BOOKSTORE.
AV ALL EIPER,I WALL PAPE It !
Just received, our Spring Stock of WALL. PAPER.
BORDERS. FIRE, SOME ENS, c., &..c [Lim the largos(
and beat selected atruiertauesat in the city, raugi..gln.price
Rein els Oil cents up to one dollar and agierter (6 1 : 1 . 6 4
As we purchase very low fur cash, we are prepared to
sell at as low rates, if not lower, than can be had else
where. if purchasers will call and examine, we feel
*cadent that we can please them in respect to price
and quality. li. M POLLOCK & SOld,
Below Jones' House. Market Square.
T ETT E it, CAP, NOTE P PE KS
J4l Pena, Hoidens, Pencile l Enveloped, Sealing Wax, of
the beat quality, at low prices, direct from the menu
boetoriee, at
Amen -80/11PREEll CHEAP BOOKSTORE
TAW BOOKS LAW BOOKS I I-A
general assortment of LAW BOORS, all the State
Reports and Standard Elementary Works, with many of
the old Buglish Reports, leans and rare, together with
a large assortment of second-hand Law Books, at very
low prim, S the *xi price Bookotors of
£ M. POLLOICH & SON,
Market Square, Harrisburg.
EMI
_Miscellaneous.
A N. ARRIVAL OF
NEW G-0 01) S•
APPROPRIATE TO THE SEASON!
glLg LINEN PAPER
PANS! PANS!! PANS!!!
ANOTHRIL AND SPIANDID LOT OP
SPLICED FISHING ftQDS!
Trout Films, Gut and Hair Snoods, Grass Lines, Bilk
and Hair Plaited Lines, and general assortment of
FISHING TACKLE!
• GENAT VARIETY OP
WALKING CANES!
Irma we will sell as cheap as the cheapest!
Meer Head Loaded Sword Melte:7 Panay
canes! (Janes! Canes! Canes! Canes!
ICELLER , EI DRUG AND FANCY STORE,
NO. 91 PURIM STRIPBT,
South side, one door east of Fourth street je9.
lot J. HARRIS,
WORKER IN TIN,
SHEET IRON, AND
METALLIC KOOFING,
//mond Street, below Chestnut,
HA It ISR URI?, PA.
le prepared to fill orders for any article in his branch of
business ; and if not on hand, he will make to order on
shun notice.
METALLIC ROOFfifff, of Tin or datranised Iron,
eoustantly on hand.
Also, Tin and Sheet-Iron Ware, Spouting, dte.
He hopes, by strict attention to the wants of his custo•
weer, to merit and receive I generous share of public pat.
nonage.
very promise strictly fulfilled.
B. 1_ HARM
janT-dly) Second Street. helm. 41h.itnet.
F 811 11
MACKEILEL, (Nod. 1, 2 and 2-)
SALMON, (very superior.)
MAD, Mess and very fine-)
HERRING, (extra large.)
430 D LISII
*IMBED HERRING, (extra Digby,)
100 TOR /LEERING.
SARDINES AND ANCHOVIES..
Or the Above we hare Mackerel In whole. belt quarter
and eighth bbla. herring in whore and half bble.
The entire lot new—bi env, vu'n vac muskies, and
will sell them at the Lowest market rates.
•erl{ WW. DOCK, JR., & CO.
vabILLY BIBLEs, from 1* to S
strengand handsomely bound, print e d on ood piper ,
with elegant clear new type, sold at
tooh3L. 1411111 ICPV Chino Rnrik tvra,
ORANBERRIES ! I I—A SPLENDID LOT
ViusCrWind 67
owe
FOR a superior and cheap TA bilk, or
SALAD OIL go to
HELLZWO.DIMG STORE.
T"' grtu
't G-rowers' Handbook—by
WARlNG—wholesale mod retail at
avib3l SOU P.STIMS Bookßtare.
sPERM CANDLES.--,A large.supply
Plun received by
sisplB
YELLER'S DRUG STOir i tht_ hPriv!
ti and the best aumortimt , drug",:ll4olprif•
F I S II!!!
WM. DOCK. la., & CO
WM. DOOK.-Ja.. & 00.
... .
~.- - 7 72-. _.4j--t .- ', ...• 7._ : . ".A....
---
~.
• :::-: - '` - c ;' . 11 , -F ) lii -
~, ,,,,. .,- : =V-4,; ?W I T-- -,.,, ;-_, - ' , ..v- 7 ;- - .7 - ,:`"P.• . 10 11 '
...
ii..-1.71,:,:ir, -,i,,,,,...........,:i.:,...-Ls--,..:._1iL.-:....ij.:.,-----'
~..,,.,..,.....,:„.
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_,,,,. P I I ,i,, . : , ?"} c'. • , ' .....
, - -
VOL.
tfoal.
TO THE I' 13 L 0
JOHN TILL'S
COAL YARD,
SOUTH SECOND STREET,
BELOW PRATT'S ROLLING MILL,
HARRISBURG, PA.,
'Where be has constantly on hand
LINENS VALLEY BROKEN, EGG, STOVE AND
NUT COAL
ALSO,
WILKESBARRE STEAMBOAT, BROKEN, STOVE
AND NUT COAL,
ALL OF THE BEST QUALITY.
It will be delivered to consumers clean, and fall
weight warranted.
V" CONSUMERS GIVE ME A CALL FOR YOUR
WINTER SUPPLY.
11:7" Orders left at my house, in Walnut street, near
Fifth; or at Brubaker's, North street; J. L. Speel'e,
Market Square; Wm. Bostick's, corner of Second and
South streets, and John Lingle's, Second and Mulberry
Streets, will receive prompt attention.
jy1341.6m JOHN TILL.
COAL! COALI!
ONLY YARD IN TOWN THAT DELIVERS
COAL BY THE
P A TENT W EIGH CARTS!
NOW IS THE TIME
For every family to get in their Supply of Coal for the
winter—weighed at their door by the Patent Weigh
Carts. The accuracy of these Carts no one disputes, and
they never get out of order, as is frequently the case of
the Platform Scales besidea, the consumer has the
satisfaction of proving the weight of.his Coal at his
own house.
I have a large supply of Coal on hand, 430- . ...:1.7: 4 ng of
8. N. op.'s LYIKENS VALLEY COAL all Bizet
LYKENS VALLEY do " "
W/LICESBARRE do. • Le
BITUMINOUS BROAD TOP do.
kiill Coal of the beet quality inined, and delivered free
en all impurities, at•the lowest rates, by the boat or
car load, single, half or third of tons, and by the bushel.
JAMES M. WHEELER.
Eaulabor& September 24,1850.--sep2s
P
TOW N I
PATENT WEIGH CARTS
For the convenience of my numerous uptown custom.
ere, 3 hare estAlistied_ in connection w. th my old yard,
a Branch Coal Yard opposite North street, in a line with
the Pe..nsylvaula canal, having the office formerly emu.
pied by Mr it. Harris, where consumers of Coal in that
•iemity and Verbekrtown can receive their Coal by the
PATENT WEIGH CARTS
WITHOUT EXTRA CHARGE FOR HAOL.TNCt,
And in any quantity they may desire, as low as can be
pu, chased anywhere.
FIVETHOUSAND -TONS COAL ON HAND,
Or LYKENS VALLEY and WELIIRSBARRE, all sizes.
EP' Witting to raaiatain fair prices, but unwilling
to he undersold by any parties.
Coal forked up and delivers' clean and free
(ram all impuri pud the best article mined.
7 urd..rs tetetve4 at etcher i s ra *la be proutpit, mind,
nd all Coal delivered by t .e Patent'Weigh Carte.
Coal sold by Boat, Oar load, single, half or third of
tons, and by the bushel
JAMES M. WHEELER
Harrisburg, October 13, 188 ).—octlfb
LYli. KNS VALLEY NUT COAL-
For Sao AT TWO DOLLARS PER TON.
irr Alt Cooldotittered by PATENT WEIGH CARTS
JAMES AL WHEELER
Coaldativered from both yards. non
ittebical.
El..l‘llBtlL LOS HELMBOL D'S
14 CLAIM, I L IPS HELMBOLD'S
HLM BO HELMBOLD S
HE:EMBOLI:VS HELM MILLI'S
HELM NM bLIIIIS HELMBOLD'S
111 ELMBOL LIS BEL M 11101.D , S
1 - 161.1111501..L1TA HELMBOLD's
Morget Bnahn, Rxtract Duchu,
BxoAt Bodin, Extract Battiu,
Extra.t ticcon, .Extraet Maim,
Extract Bodin, Extract Buena,
Ext met Huhu, Extract Buctitt,
Ett..ct Boc'in, Extract Boon%
Extract Buchu ' . Rstret Bach%
FOR. SRO& AT AND DELICATE .o.lsoßDNfis,
FUR SEcRET AND DELICATE DISORDERS.
FOri SEcRE.T A.,vo DELICATE DISORDERS.
F;R SECRET AND DELICATE DISOROERs.
FOR sEI;RET AND DALIcATE DISORDERS.
EfIR SEcRET A .D DELICATE DISORDERS.
FOR SECRET AND DELICATE DISORDERS.
A Positive And Specific tsemedy.
A Positive and apemno Renstly.
A Positive and Specific B medr
A Positive and Specific Remedy.
A Positive And Srcidc Remedy.
A Poi Ivo and Specific Remedy.
A Positive and epoi•ifie Remedy.
FOR DISICABES or TUB
BLADDER, GRAVEL, KIDNEYS, DROPSY,
BLADDER, GRAVEL, KIDNEYS, DROPSY,
BLADDER, GE., VKL, KIDNEYS, DROPSV
EL .1.1) ER, GRA VEI,, KIDNEYS, DROPSY:
GLADDER, GRAVEL, KIDNn - YS, DROP:-Y,
BLADDER, GRAVEL, KIDNEYS, DROPSYL
BLADDER, GR AVEL, KIDNEYS, DROPSY,
ORA , ANL., WEAKNESS,
ORGANIC WS RN g` 4 B,
OR.4aNIC WIC AKNKBd,
ORGANIC WEAKNESS,
Mina C WRARNEKS,
ORGANIC VIT MOM,
And all Diseases of sexual Organs,
And a'l Dis oses of Sea uni f , irgans,
And all Di. uses of Scruni Gigans,
And all Diseases of Sexual Organs,
And all Diseases of &along Organs,
And all Diseases of Se.eual Organs,
ARISING PROM
Exe.exes, Rzpoiures, ani Inapradeneies in Life.
Esees.ea. Exposures, and Imonadenmes in Life.
Fatussiser, Expooare-, end Impend.neies in Life.
Eaccri..n, Ex. 0 nr••o, and Itnorndeneiss in Life.
.I , xe-esta Exuoi.ures, and Inipradeneiea in Life.
Ezaeesee .
Exonar t o, end Imprniendiee in Life.
Prom whatever c. originatiog,:4ol whether existing in
MALE - OR FENIALE,
Pernal. a. tike no more Pills! They are of no avail for
ComplAiata incidkir t" •be sex. tree
PRA.CT 131:1011II
llPlmholVs Recast ttuehn is a Medicine which le per
fectly ph:meant nits
TA STR AND ODOR,
Bet immediate in its actin. giving Health and Vigor to
BP. Prone ; Bloom to the Pallid °nosh, and restoring the
patient to a pert•rt stet.. of
tivetrn AND PURITY.
ltxtrdet Boob's is prepared according to
Pharmacy and Chenliatry and is pr Wribed and aced by
THE MOST EMIAENT PHYSICIANS.
Delay no Lope. Procure the remedy at onoe.
Pries a par k.ottlw, or six tor $3.
D..pot 104 Soutu Tenth street Philadelphia.
• BEWARE OP UNPRINCIPLED DEALERS
Trying to ream off thPir own or other articleaof BUCHU
on the repnta ion attained by
un3itomD l .9 EXTRACT MUG.
The Oituinal and only Genuine.
W 0 desire , o run on tha
MR HIT OF OUR ARTICLR !
Thaies Ix wur,thWa. sold at much leg; TOSS and coin
minions, COUssquentiv ostv , ng a, much brtttr profit.
pErY CO 4 PIMITION
AO for
EIBLIVIBOLIES EXTRACT DUCHIL
Taks tto o'h•.s.
Sad by JOHN WYETH, Druggist, Corner of Market and
Second eirrets, Harrisburg,
AND A LL DRUGGISTS EVERYWHERE.
nol4 riaLe.Bm.
EXTRACTS! EXTRACTS!!
WOODSWORTH & RUNNEL'S
SOPEaIoR FLAVORING NITRACTS
RITTER ALMOND, •
NECTARINE, •
PINE APPLE,
STRAWBERRY, •
BASE,
, • LIMON Alm
; -
inuitleS•lnd ABS !0! - sal s by' ; YAN/L4A, •
-
two WM. HOOK, ft., a ea..
1,
HARRISBURG. PA., TUESDAY, JANUARY S. I
Eke Vatrioi i s i . Elliot
TUESDAY MORNING, JAN. 8, 1801
PERSONAL LIBERTY LAWS
IMPORTANT CORRESPONDENCE-LETTER FROM
JUDGE LEWIS.
PIIILADELPIUS 7 Decoraber 29, 1860.
To the lion. Ellis Lewis, late Chief Justice of the Su
preme Court of Pennsylvania:
DEAR SIR :—We have observed in the Public
Ledger, of this city, of this date, an article pur
porting to be an extract of a letter from the
Hon. John Sherman, a member of the Houle
of Representatives of the United States for the
State of Ohio, addressed to Charles B. Trego,
Chairman of a Committee of the People's Party
of Philadelphia, by whom Mr. Sherman had
been invited to partake of a public dinner got
ten up for social and political purposes. In
the extract alluded to we notice with surprise
the following language
141 am, therefore, opposed to any change of the Con
stitution, and to any compromise that will surrender
any of the principles sanctioned by the people in the
recent contest. If the Personal Liberty Bills of any
State infringe upon the Constitution, they should at
once be repealed. Most of them have sitoobered upon
the statute books for years. They ass now seized upon
by those who are plotting disunion as a pretext. We
'should give them no pretext. It is always right and
proper for each State to apply to State laws the test of
the Constitution. It is a remarkable fact, that neither
of the border free States—New Jersey, Pennsylvania,
Ohio, Indiana, Illinois nor lowa—have any such upon
their statute books. The laws of these States agni tot
kidnapping are similar to those of Virginia and Ken
tucky. The laws of other States, so called, have never
operated to return a single fugitive slave, and may be
regarded simply as a protest of those States against the
harsh features of the Fugitive Slave law."
Believing, as we do, that 11r. Sherman, in
the above extract, has either ignorantly or
wilfully mistated the facts as regards the laws
of Pennsylvania, commonly called Personal
Liberty laws, we respectfully ask from you,
in reply to this, your views upon the subject.
Your high character as a jurist and statesman
warrants us in asking this much of you at a
time when correct information on this subject
is of so much importance to the proper under
standing of the question as to what is the mean
ing and purport of the provisions of the law of
1847, and those of the Revised. Penal Code of
Pennsylvania, touching the reclamation of fu
gitives from labor, &c.
Trusting that you will at your earliest con
venience favor us with a reply for publication,
we remain, very respectfully, your obedient
servants. THOMAS C. MacDownx,
A. DEKALB TAM
WEST PENN SQUARE,
PHILADELPHIA, January, 3,1881.-
GENTLEMEN :—Yours of the 29th inst. is
before me. You quote from the eloquent letter
of the Hon. John Sherman, some remarks
relative to what are called " Personal Liberty
Bills" of several of the States, including Penn
sylvania, in which he intimates that there are
none upon the statute books which infringe
upon the Constitution of the Unites States.—
You think that he is mistaken as regards the
acts of Pennsylvania, and you ask my views on
the subject.
• At such e n „„„,. D ....1 0 a in nur.history, when
our great and - prosperous nation, with the best
form of government that ever was devised, is
rapidly approaching dissolution, every word
and act should be governed by such influences
as usually control the solemn scenes of the
death bed. Party schemes, pride of opinion,
ambitious aspirations, and all uncharitable
feeling should give place to the high and holy
consilerations of true patriotism. The truth
should be spoken fully and fearlessly without
regard to personal consequences; and, at the
same time, with kindness and respect for the
opinions of those who see the matter in a dif
ferent light.
The Constitution of the United States declares
that fugitives from labor, coming from one
State into another, "shall be delivered up on
claim of the party to whom such labor shall
be due." This clause imposes an active duty
upon the State. A paasive acquiescence in the
efforts of the owner to recover his property is
not a fulfilment of the obligation. If the State
throws no obstructions in the way of the owner
it is certainly better than open and active nul
lification ; but it is not a fulfilment of her
obligation to ft deliver up" the fugitive within
her jurisdiction. It is true that this is one of
the duties in reference to which coercion can
not be used against a State. The federal gov
ernment may use its civil and military power
to execute its own Fugitive Slave Law and to
nullify all unconstitutional obstructions created
by the States, but it cannot compel the States
to fulfil their obligations to pass laws in accord -
untie with this provision of the Constitution. The
moral obligation is none the less on this account
With honest men a word is as good as a bond.—
Pennsylvania gave her word when she agreed
to the Federal Constitution : she has superad
ded her oath ; for all officers of the State, from
the highest to the lowest, ever since the Con
stitution was adopted, have been solemnly
'sworn to support it. The act of 25th March,
1826, was passed in fulfilment of this obligation.
Its general provisions were satisfactory to the
parties interested, but the first section of the
act was construed to deny the right of recep
tion, which was a Common Law incident of
ownership, expressly protected by. the act of
Congress of 12th of February, 1793, For the ex
ercise of this right, a man named Prigg, agent
for a slave owner, was convicted of the crime
of kidnapping, under the first section of the act
of 1826. The Supreme Court of the United States
reversed thejudgment,and decided that the said
section of the State act was unconstitutiottal.
This was the only question that arose in the
cause. But, unfortunately for the peace of the
country, Judge Story, who delivered the opinion
of a majority of the Court, volunteered an
opinion that all State legislation, including acts
iu favor of surrendering fugitives from labor
to their owners, was unconstisutional, nulland
void, One of the retteens.assigned on the re
cord for this extraordinary doctrine, was, that
a State might "dole out its own remedial jus
tice or withhold it at pleasure," and " might
greatly embarrass or delay the exercise-of the
owners' rights," and "that the nature and ob ,
ject of the provision imperiously require that,
to make it effectual," it should be construed to
"be exclusive of State authority." This capti
vating view of Southern rights by a learned
judge from Boston, won over three Southern
judges, against the arguments and remon
strances of Chief Justice Taney, Judges Daniel,
Thompson and others. It is a remarkable fact
that in the life of Judge Story, written by his
son, it is recorded that the Judge, when he re
turned to Boston, spoke of this opinion as "a
great point gained for liberty," "so great a
point, indeed," adds the biographer, that the
Judge " repeatedly and earnestly spoke of it to
his family and intimate friends as being a
triumph of freedom." The son undertakes to
explain what was meant by "a triumph of
freedom," by adding, " a triumph of freedom,
because it promised practically to nullify the
set of Congress, it being generally supposed to
be impracticable to reclaim fugitive slaves, in
free o S a ten
States, a Lep ily t withr, (Life
the i aid
of
Judge;idof Stare
Story,
legislation
a
2d
vol., p. 898.) A regard . fOr the reputation of
this guiluent jurist, Suggests' the luipti that the
sort misunderetood the language' Of, the father.
Be that as it may, the ju tges who concarrcd in
that mischievous heresy, "sowed the wind,"
and the nation is "reaping the whirlwind."
The free States, justly indignant at this denial
of their authority on grounds which impugned
their integrity. and glad to b , relieved from a
veiy panful ditty: repealed all their acts for
the surrender of ingitive slaves, and withdrew
all aid, of every description, in execution of
the Fugitive Shore Law, In the exeitemcnt of
the tithes, they also passed laws which seriously
embarrassed the slave owner in the exercise of
his rights. The Pennsylvania act of 3d March,
1847, is the act chiefly eomploined of. Its
peesl provisions were substantially re-enacted
on the 31st M drch, 1860, having been re
ported for re enactment ay the Commissioners
to Revise the Penal Code. It is proper to bear
in mind, that this legislation was chiefly founded
on the dictum . the . judges is Prizg's case, on
a queidion which did not arise in the cause,
and which they had no right to discuss or de
cide; - and the opinion on that question was,
therefore, not. a
.judiciol decision, and ought not
to have been respected as such. I am not
aware that it ever was regarded in our courts
of justice; I certainly disregarded it, and took
cognizance repeatedly under the act of 1826,
notwithstanding the dictum in Prigg's case,
until the act was repealed. This view of the
c , se has since been sustained by the unanimous
decision of the Supreme • Court of the United
States, in the case of Moore vs. the people of
Illinois, 14 Howard's Reports 14. 'foe consti
tutional obligation of the State to "deliver up"
fugitive slaves, therefore, remains as binding
as it was before . Prigg's case was decided. The
cantle which produced m at of the unjust legis
lation on this subject having thus been removed,
there is now no reason why justice and comity
should not be restored by wiping from our
statute boOka every unjust or unfriendly en
actment,
The sth and 7th sections of the act, of 8d
March, ]847, and the 95th and 96th sections of
the new Penal Code, passed 31st March, 1860,
are now in force. I proceed, according to your
request. to give my views of those sections.
The act of Congress of 12th Fehreery, 1793,
gave jurisdiction to. State magistrates. The act
of 18th September, 1850, did not repeal the
act of 1793. Three were no words indicating
an intention to repeal. On the contrary, the
last act was entitled, a supplement to amend the
first.
There was no repugnancy in the provisions
of the two acts, in regard to the jurisdiction of
State magistrates. The rule is that when two
acts in purl materia, may stand together, they
are to have a concurrent operation, and one is
beta repeal of the other; l or " iMpi4drepeals
are not favored by the law." hut the 95th
section of the Pennsylvania aet of 31st March,
1860, expressly prohibits all State magistrates
from taking jurisdiction of fugitive slave Cases
"under any act of Congress." If the State
had not repealed the act of 1826, or if she had
made.otheretleatuat provisions for the delivery
of fugitive slave-, this:part of the 95th section
of the act of 1860, would not be nnConstitutional;
but es she has made no provision of her own,
and also rein-es nit aid in executing every
federal enactment on the subject, she stands
justly,liable to the charge of disregarding the
Cousthution. Sins of omission may bees criini
aa gins of comraission. The circumstance
that thD _can tjuni» unestiortig
of a character which must necessaiily he en•
trusted to our own setnte of justice and honor,
only renders the du y to fultid It the inure im
perative in the forum of conscience.
Another part. of the same section prohibits
the seizing of tugit.tve s ;Ives "violently anu
tumultuously," although "under pretence of
authority," and although the inientio t be to
4 carry the fugitive before a District or Circuit
Judge." 'There is too much reason to fear that
this provision may he construed to authorize
the punishment of those who oid in the execu
tion of the act of Congress. To underAnnd its
effect properly, we must remember theta fugi
tive slave will. in general, resist any attempt to
arrest him, and that in the free State of Penn
sylvania the sympathies of the bystanders will
be excited in his favor. In such cases it would
be impos-ible to arrest him without "violence
and tumult." The tendency of this enactment
is to embarrass the rights of the slavehelder,
and it creates an invidious distinction against
hie property: , It establishes a statute regula
tion of great severity against his rights, which
we do not apply to our own citizens and their
property. .
The 96th section of the act of 1860 prohibits
the sale of a fugitive Slave
. within the State,
and makes it a criminal offence in the purchaser
to exercise his right of reclamation. If it be
true that the right. of property is not impaired
by the absconding of the slave, it is equally
true that the right to sell the property remains
also unimpaired, because the right to sell is one
of the chief incidents of ownership. If a State
law may destroy one of the incidents of owner
ship it may destroy all. So long as the owner
does not attempt to retain the slave within the
State, or to exercise ownership over him within
our jurisdiction, except with a view to recla
mation, we have no authority to interfere with
his right of ownership; we are bound to de
liver him up "to the person to whom the service
may be due," whether he be the original owner
or a subsequent purchaser. The original owner
may be a female or a minor, or too poor or in
firm to pursue the fugitive, or having arrested
him, it may become apparent that the safety
and happiness of both parties would be promo
ted by a change of ownership. Ido not per
ceive that the State has either interest orright
to interfere with the owner in this respect.
The sth section of the act of 34 of March,
1847, affirms the right of the State Judges "at.
all times to issue the writ of habeas corpus and
inquire into the causes and legality of the ar
rest and imprisonment of any human being
Within this Commonwealth." This enactment
might be construed to authorize a State Judge
to issue a writ. of hebeas corpus for the purpose
of re-examining and re-judging the decision of
a federal magistrate, or interfering with his
process under the act of Congress ; if so, it is
unconstitutional.
The assertion of a right in the S ate Judges
to interfere against the execution of the law, in
the same act. that prohibits their action in its
favor, manifests a very unfriendly spirit. The
States, when they created the Federal Govern
ment., and surrendered certain powers of sov
ereignty to it, expressly declared that. the Fed
eral authority, within those limits, should be
supreme. It fol ows that they have no right
whatever to obstruct its legislative action by
"Personal Liberty Bills," by writs of hebeas
corpus, or by auy other means. When Penn
sylvania undertook to nullify the judgment of
the Federal court, by means of her military
power, her own State Judiciary concurred with
the Federal court in pronouncing her act void.
Olmstead's case, Brightly's Nisi Prins Reports
9. When the same thing was attempted, by
means of the writ• of hominereplegiando, her own
State court again decided against the attempt;
(Wright's case, 6 S & R, 62;) and when asked
to accomplish the like result, by prostituting
the great writ of hebeas corpus to the purpose,
her highest judicial tribunal decided against
such abuse of the writ. Passmore
Case. 2 Casey
By the lot of 1780. the owners of slaves were
allowed to visit us, attended by a waiter or
nurse acquainted with their wants and attached
to their interests. They were allowed to so
journ among us six months, without destroying
their rights of ownership; we never suffered
any ineontenience front this civility to our
Southern friends, John Randolph and his
faithful Juba, whi!e soYourni rig in Philadelphia,
never did us any injury. But the 7th section
of the act of 3d March, 1847, prohibits the
owner from sojourning within the State "for
any period of time whatever," under the pen
ally of forfeiting his rights of ownership, I
am not prepared to say that this enactment is
unconstitutional, but it exhibits an unfriendly
dispo-ition, altogether at variance with that
neighborly courtesy which the citizens of sister
States should extend to each other. Neighbors
can do many things to annoy each other and
at the same time keep within the pale of mu
nicipal law; but there is a law of love and
kindness which should not be forgotten in our
treatment of neighbors, especially when they
are one guests; we should "do to others as we
would that they should do to us."
All the offensive legislation to which I have
referred ought to be repealed, and enactments
ought, to be substituted in fulfilment of our
Constitutional duties. Pride of opinion should
not stand in the way. We may abundantly
gratify that., by the reflection that the action
of the State in this respect., was produced by
en unfortunate and erroneous opinion given by
a majority of the Judges of the Supreme Court
of the United States. As that high tribunal
has magnanimously corrected its error, with
entire unanimity, why should an upright
1 4 egislature of the great State of Pennsylvania
hesitate to be equally magnanimous ? Our
Southern friends willcertainly be liberal enough
to assume their share of the blame for the
past, when they reflect that three of their own
Judges concurred in the erroneous doctrine
which brought most of these evils upon the
country. By correcting the evil, neither of
the political parties can possibly gain any
advantage over the other, for the error was
common - to both. When it was committed one
party held the legislative, the other the execu
tive power, and both concurred in the wrongful
enactments. The liberal views of the Execu
tive, and of the Speakers of the respective
Houses, as expressed at the opening of the
present session, justify the belief that the
evils complained of will be redressed.
Yours, very respectfully,
Ews LEwis.
To Thomas C. Mao - Dowell, Esq., and A. DeKalb
Tarr, Eeq.
THE. NATIONAL CRISIS.
Iti&ISNESS RULES THE HOUR.
From the Public Lebger.
Nessra. Editors:—'There are two classes of
politicians engaged in efforts to dissolve the
Union; the secessionists of the South, who
claim the right to do so in peace, and the
advocates of coercion in the North, who would
do it by war. It is not, much to be wondered
at, that the Southern people feel alarmed at
their position in the republic, with four hun
dred millions of property in slaves, and its right
endangered, in their opinions, by the advent.
to power of a sectional party. It is calculated
to be so much the more alarming to theta, as
it is the result of a, long struggle, in which the
slavery question has been prominent, and
during which their - rwars — have - ovira-cera-s‘suir.y
increasing, and the danger magnified. Tue
people of South Carolina have acted with pre
cipitation, and have adopted an extreme mea
enre, which might have been avoided, if they
had not b-en driven, by their over-excited
minds, into a belief that their only safety was
in flying from a power that intended to destroy
them. Looking at the past history of the sla
very agitation, some reason can be seen fur
their excitement, and some excuse for their
want of wisdom, But what must be said of the
Ninth ? Instead of meeting their fellow citizens
inn spirit of kindness, as they ought to do,
even if they are themselves without a tattle, and
declaring that they have been misunderstood,
and that there is no cause tor mistrust. or for
apprehension of danger, the South is threat eyed
with coercion, with the power of the North,
with war and all its calamities. On all sides,
and in high places, is to be heard the declara
tion, that the Union must and shall be preserved
at whatever hazard, not by peaceable means,
but by three of arms. We are told that two
hundred thousand men can be mustered on a
short notice, to coerce South Carolina. We
hear this from an officer whose trade is war,
Whose whole study is how to use folic° with the
greatest effect, and who scarcely thinks of any
ether arbiter than the sword, Such men are
necessary to fill a certain sphere, to fight when
they are directed, but, are not safe advisers to
determine whether war or negotiation is to be
resorted to. Men speak as complacently of
coercing South Carolina as if it were as easy a
task as to arrest a vagrant in the street by a
police officer. A little force is considered
sufficient to quiet the controversy. When peo
ple are so blind to consequences, so fearfully
insensible to the terrible calamities that war
would inflict upon the country, it is not. too
much to say that madness rules the hour. They
are essentially mad, and do not know it.
Have they-considered the effect of an attempt
at coercion? General Jackson on a former oc
casion, had to deal with South Carolina alone;
we have now to deal with the whole South.
The people of the slave States ate divided into
two parties, one in favor of separate secession,
and the other for co-operation, which means se
cession, if necessary, of the whole of the slave
States in a body. There are so few with other
views, that they do not make a party. This is
the state of feeling in the South, to which atten
tion should be directed, and it is apparent, that,
if a violent blow is struck, there will be but
one party there, but one sentiment, and that
war between the two sections will inevitably
follow.
If war should be provoked, where will it be
carried on? Will it he in South Carolina, in
the District of Columbia, along the line of
Alaryland and Peunsylvania, or throughout the
whole country ? How long is it to last? What
is to be its end? In its progress men's minds
will fluctuate with different passions and
changing motives, and it may be converted in o
a war of political parties, and divide the people
of the North against each other. Northern me
ebonies and artisans, deprived of their indus
try, may pat the blame of their distress upon
th e original agitators of the slavery question,
an d range themselves accordingly. These dan
gers and others are possible, and cannot be dis
hing the consequences of a
regarded in weighing
war, among such a people as those of the
United States.. The advocates of coercion be
fore concession are urging us into a frightful
conflict. They are guilty of the madness of
inciting to a war, destructive of the whole
Union, in order to prevent one State from lea
ving it in peace.
But is our confederation a rope of sand that
nuty fall to pieces at the pleasure of a single
State ? Oa this question the arguments have
been exhausted, or nearly so, and neither side
is convinced that it is in error. When such is
the positioh of the controversy, a true states
man ceases to discuss the question of right, and
baking a comprehensive view of all the circum
stances, treats the irreconcilable difference
,of
opinion in one of 'the settled faett with which,
PUBLISHED EVERY MORNING,
HUI:DANS 11XCIEPTIED,
BY 0. BARRETT & CO.
UR DAILY PATRIOT AND PNIOS will he served to cab
scribers residing in the Borough for SIX ORN2IIPKA wawa
payable to the Carrier. Mail rabseribere, iron DOL
LARK PZR ANNUM.
'VHS IN/MILT will be published as heretofore, and
weekly during the session of the Legislature, and once •
week the remainder of the year, ;or two dollars in ad
vance, or three dollars at the expiration of the year.
Connected with this establishment is an extensile
JOB OFFICE, containing a variety of plain and fang. type. unequalled by any estatilishrnent in the interior of
the State, for which the patronage of the public le eft-
Hafted.
NO. 108
he is t o de,tl, in yielding his measures to a
course of pra.otie.ll wi-dom. If the 'louse has
peen fired, he extinguishes the flames as quickly
as he can, and does not firA pause to argue
whether the incendiary is a criminal. If a
State secedes, it is better to let her go in peace,
than to do worse, by driving othi.re to assume
the same attitude. We can afterwards restore,
the bonds of Union, without having the woundil
of intestine conflicts to heal, and the recollec
tions of aniinosi•y to Hl:other and forget. Wei
will sever all national attachments, perhaps
forev,r, and I,ur - future history may be read in
the past history of Europe; a history of stutid•
ing armies, destructive :inodes, and public dis
tresses. It may be relied upon, that nothing
Can Eupport a ItepuLlican Confederated Union,
but the affection of the people for each other,
and for the , r form of government. x. o. N.
A LETTER RROII "OLD IRONSIDES.,,
The venerable Com. Stewart, of ihe U. S.
navy, having been invited to attend a meeting
in Philadelphia, to adopt measures to avert a
dissolution of the Union, responded in a letter,
from which we quote :
As a native of this city, on the call of my
fellow citizens, had my views been essential to
what I might deem just, honorable and patri
otic, I should have advised a rendition, not only
to the South, but to all the States, of a full,
fair and constitutional redress of all grievances
of which they had a just right to complain, on
their relinquishment of all oppressive or mu
tinous proceedings founded on the motion of
any State whatever, and a restoration to the
charter articles of the Constitution anything of
which they may have been deprived through a
vicious, unfair or latitudinous construction of
that instrument, or a revision of the Constitu
tion ite.elf, which so closely binds together
myriads of the human family—seeking, under
it, all their rights in pursuit of honor, welfare
and happiness. As an important nation, we
should bear in mind that, through the imper
fection of huMan nature, no combination, even
of the most profound and virtuous minds, can
arrive at perfection; and that all difficulties
and dangers cannot, in a first essay in forming
a code for the perpetuity,and stability of a bond
of fraternal brotherhood and union, be fore
seen and provided for in so extensive a commit
nity of powers; and cur own unfortunate
experience may teach us in future that so com
promises will ever prove to be a cos rective for
wrongs dune or meditated.
My voice is, millions for the redress of just
grievances, but not one cent for imaginary ones.
THE EVACUATION OF FORT MOULMEIN.
The Governor of South Carolina has sent a
message to the legislature in relation to Major
Anderson's movement& He says it was dig..
tinctly understood between the State and the
General Government that no change was to be
made in the tomes in the forts, and adds:
The reply of Major Anderson was that he
did not know anything of such a pledge, and
acted on his own responsibility, with a view to
prevent the effusion of blood, and declined to
return. I immediately ordered the occupation
of Castle Pinckney and Sullivatee Labatt, and if
it could be done iu safety, after an examination
as to the repelled undermining, then Fort
Moultrie itself should be occupied.
Li the orders issued it was expressly stated.
elao
to prevent the limber d strut ion of the pub
lic t.roperty, 311111 to secure the public safety,
if posAltie. The officer taking possession of
Crastle Pinckney stated that if it had nut been
dune the public property in that fort would
have ht.en destroyed, as was dove in Fort
Moultrie. The arsert.d, containing the arms of
the United States in this city, was more re
cently taken possession ILlt, to prevent any pre
rm.ture eulltston, and for safe keeping in the
present excited state of the public mind. All
the steps which have been taken have been
taken from necessity, and with a view to give
security awl safety in the present condition of
the country.
EXCITING MEETING AT PUILADELPIIIA.---TME
REPUBLICANS OPPOSE TREIsiuN-COERCION
LICY.
PHILADELPHIA, Jan. s.—An adjourned meet
ing of citizens to consider the state of the
Union, took place at the Board of Trade Rooms
to-day at noon.
' The committee to whom the resolutions at
the previous meeting were referred, made nO
report, and there being au evident determina
tion on the part of many present, who did not
participate in the last meeting, to force tbepas
sage of Judge Lewis' non coercive resolutions,
which was resisted by prominent Republica:l,
an exciting scene of disorder occurred, during
which District Attorney Mann showed a wil•
lingriess to fight on the spot.
On motion of a Republican the meeting ad
journed, but another was immediately called
at the same place, when Judge Lewis was
placed in the chair. Resolotions were then
uttered, denuunciug personal 1 berty bills, etc.,
and approving Mr. Crittenden's resolutions,
and adopted unaniniouiily.
The Republicans refused to participate intle
sec o nd meeting, and manifested much ill-feel
jog at the conduct of their political opponents
iu thus overidms them.
Wasniso.ros, Jan. 6.—The enrolment of the
Dist. ict of Columbia military will probably .
commence to-morrow. The plan for their re
organization wile matured mote than six months
ego, but all the officers were not appointed
until recently. The movement now is to e
concentrate the militia as to be efficient for
service should it be neeetisary at any time to
call them out to preyerre the peace.
Not more than one company of Marines was
out yesterday to garrison Fort Washington,
which is on the Potomac river, about fourteen
miles from Washington. The fort has had no
garrison for some years, and the object in sup
plying it with Otte now is to avoid the possi
bility of ite being occupied by lawless persons
us a rallying point for mischief.
The troops ordered from Fort Leavenworth
to Fort Mellen , y are not to be sent South, as
wrongly eupposed by many gentlemen froiu
that section.
Wett3UIMITON, Jan. 6.—The Crittenden com
promise scents to be gaining friends, who en
tertain the opinion that if it were fairly presen!;
ted to the people, it would be accepted by them
as a basis of settlement. The main difficulty,
however, in the way is that. some parties are
at present indisposed to offer it without LUMP
canoes that others will receive l it in a mutes),
spirit oraccommodation. both South and North.
THE 130rDste sTATECoItiMITTEE—ADOPTION OP
raueostrtor:s FOR TRIG REMEDISNT 07 TAB
NATIONAL TROUBLES.
The couimittee on the part of the border
States held their second meeting in Washington
on Friday night and adopted the following
propositions :—Recommending the repeal of all .
the personal liberty bills; an ethoient emend
ing of the fugitive slave law Preventing kid*
napping; equalizing commissioners' fees, etc.;
that the Constitution be so amended as to pro
hibit any interference with slavery in any of
the States. -
That Congress shall stet abolish olaveri in
the dock-yards, etc., nor in thnDisitiot of Cot
tumble, without the consent, of filaryjnod . and
the consent of the District, the in4ll46l6tek
MILITARY MOVEMENTS
THE CRITTENDBLY COMPROMISB