Columbia Democrat and Bloomsburg general advertiser. (Bloomsburg, Pa.) 1850-1866, January 19, 1861, Image 1
COLUMBIA DEMOCRAT AND BLOOMSBURG GENERAL ADVERTISER. LEYI L. TATE, Editor. "TO HOLD AND TRIM THE TOUCH OF TRUTH AND WAVE IT O'EIl THE BARKENED EARTH." S2 00 PER ANNUM. VOL. 14.-NO. 40. BLOOMSBURG, COLUMBIA COUNTY, FA-, SATURDAY, JANUARY 19, 1861.. YOL. 24. COLUMBIA DEMOCRAT, published every Saturday, iiy LEVI L. TATE. IN BLOOMSDUIIO, COLUMBIA COUNTY, TA, ofFTob . ft the mtr Brtfk Building opposite the Erehange, btf stttt of the Court Jloutt, "Democratic Head Quarter!." TKUMS OF SUnSCItll'TION. Si 00 In advance, for nno copy, fornix monlhi. 1 75 In ndvnncc, for nuc ropy, one year, W If not paid within the firt three months, ii M Ifm.t paid within th first six ntontlii. ' SO If not paid within llHfiir. 0"N inscription taken for lean than! month n, knit no paper discontinued until all arrearages shall liavt) been paid. E7 Ordinary A dvkrtisemeith inserted, and Job Woiiic xecutcd, at the established tncci. TftE OLD-NEW. BY CEO. L. TAYLOR, A year lias gone, ncar hag cmne, The world grow sM and older; The pulse of Time beats faint mid numb, Hit heart growg cold and colder. The ngcB march In grandeur. With none but (Jod lo liftt-nf And o'er the w reck of star and sun Ntw suns and systems gtlstcu. There ii no old tliera H no new ; UMi.u tin tli b;en Is forr vcr ; God lives unchanged ail change through, And ro'ts nor wearies nitvcr Col fill the year, and Ci'U tlio fphtres With lif. and Joy siip'rnal ; The glow that worms, the light that cheers. Am liif awrf Kinilc eternal. SPECIAL MESSAGE. TRAXQTJlLIZINr! MEASURES SECESSION UNLAWFUL COXI1R1.SS TO DETERMINE ON OOtllClON. To the Senate an I Iliuse of Rrpicscnla livcs : At tho opening of your present session, I called your attention to the dangers which threatened the existence of the Union. I expressed my opinion freely concerning the origiual causes of those dangers, and recommended such measures ns I believed would have the effect of iranquilizing the country, and saving it from the peril in which it had been need lessly and most unfortunately involved. Those opinions and recommendations 1 do not proposo now to repeat. My own convictions upon the whole subject remain unchanged. 'I ho fact that a great ca lamity was impending over the nation was even at that time acknowledged by every intelligent citizen. It had already made itself felt throughout the length aud breadth oftholar.d. The necessary consequences of the alarm thus produced were most dcplorablo. The imports fell off with a rapidity never known beforo except in time of war in the history of our foreign commerce. The Trcaury was unexpect edly left without tho means which it had reasonably counted upon to meet tho pub- lie engagements ; trade was paralyzed ; manufactures were stopped ; the best pub lie securities suddenly sunk in tho market; every species of property depreciated more or less ; and thousands of poor men, who depended upon' their daily labor for their daily bread, wcro turned out of employ ment. 1 deeply regret that I am not ablo to giro you any information upon the state of tho Union which is more satisfactory than what I was then obliged to communicate. On the Contrary, matters arc still worse at present thaa they then were. When Congress met, a strong hopo pervaded tho wholo publio mind that some amicable ad iustmcnt of the subject would speedily be made by the representatives of tho States and of tho people, which might restore peace between tho conflicting sections of the country. That hopo has been dimin ished by every hour of delay i and as tho prospect of a bloodless settlement fades nwav, tho public distress becomes moro nnd more asaravated. As evidenco of this, it is only necessary to say that tho Treasury notes, authorized by tho act of December last, were advertised according to the law, and that no responsible bidder offered to take any considerable sum at par at a lower rate of interest than twelve per cent. From theso facts it appears that, in a Government organized liko our?, revenues, and to protect tho publio prop-1 crty, so far as this might bo practicable under existing law?. This is still my purpose. My proviuco is to executo, and not to make, tho laws. It belongs to Con gress, exclusively, to repeal, to modify, or to enlarge their provisions, lo meet exi gencies as they may occur. I possess no dispensing power. I certainly had no right to make aggrcs iivo war upon any State; aud I am per fectly satisfied that tho Constitution has wisely withheld that power even from Con gress. Hut the right and tho duty to uso military force defensively against those who resist tho Federal officers in tho exe cution of their legal fuuetions, and against those who assail tho property of tho Fed cral Government, is clear and undenia ble. But tho dangerous and hostile attitude of the States towards each other has al ready far transcended and cast in tho shade tho ordinary executive duties al ready provided for by law, and has as sumed such vast and alarming proportions as to place the subject entirely above aud beyond executive control. The fact can not be disguised that we arc in tho midst of a great revolution. In all its various bearings, therefore, I commend the ques tion to Congress, as the only human tri bunal, under Providence, possessing tho power to meet tho existing emergency. lo them exclusively belongs the power to declare war, or to authorize tho employ ment of military force in all cases contem plated by tho Constitution ; and they alone possess the power to remove grievances which might load to war, and to secure peace aud union to this distracted country, On Ihcm, and on them alone, rests the responsibility. and harmony can be produced, is surely not unattainable. The proposition to com promise by letting tho Norlh havo exclu sive control of tho territory above a certain line, and to give southern institutions pro tection below that lino, ought to receive universal approbation. In itself, indeed, it may not be entirely satisfactory ; but when tho alternative is between a reason, ablo concession on both tides and a de struction of tho Union, it is an imputation upon tho patriotism of Congress to assert that its members will hesitato for a mo ment. Even now tho danger is upon us. In several of tho States which havo not yet seceded, tho forts, arsenals, and maga zines of tho United States, havo been seized. This is by far tho most serious step which has been taken since the com mencement of tho troubles. This public property has long been loft without gar risons and troops for its protestion ; be cause no person doubted its security under the flag of the country in any State of tho Union. Besides, our small Army has scarcely been sufficient to guard our re moto frontiers against Indian incursioiiB. Tho seizure of this property, from all ap pearances, has been purely aggressive, and not in resistance to any attempt to coerce a Stato or States to remain in tho Union . At tho beginning of those unhappy troubles, I determined that no act of mino should increase tho excitement in either section of tho country. If tho political conflict were to cud in a civil war, it was my determined purpose not to commcnoo it, nor even to furnish any excuse for it by any act of this government. Jly opinion remains unchanged, that justice, as well as a sound policy, requires us still to seek a mo to remark, that I have oftcned warned my countrymen of tho dangers which now surround us. This may be the last tinio I shall refer to Iho subject officially. I feci that my duty has been faithfully, though imperfectly performed, and whatever tho result may be, I shall carry to my grave tho consciousness that I at least meant well for my country. (Signed) JAMES BUCHANAN. Washington City, Jan. 8, 1801. Porsonal Liborty Laws. IMPORTANT CORRESPONDEVCE LETTER I'ROM JUDGE LEWIS. Philadelphia, Dec. 20, 1800. To the Hon. Ellis Lewis, l&te Chief Justice of the Supremo Court of Pennsylvania ! Dear Sir : Wo havo observed in tho Public Ledger, of this city, of this date, an article purporting to be a'n extract of a letter from tho Hon. John Sherman, a member of tho IIouso of Representatives of tho United Slates for the Stato of Ohio, addressed to Charles B. Trego, Chairman, of a Committee of tho People's Party of Philadelphia, by whom Mr. Sherman had been invited to partake of a public din ner gotten up for social and political pur poses. In the extract alluded to wo no tice with with surprise tho following lan guage: "lam therefore, opposed to any change of the Constitution, and to any comprom ise that will surrender any of tho princi ples sanctioned by tho people in tho recent contest. If the Personal Lxbtitij Bitii of any Slate iifringe upon the Constitution, then should at once be repealed. Most of them haro Numbered upon tho statute books for years. T.'icy an now seized upon by thoso who are plotting disuuion as a pretext. We should give them no pretext. It is always right anil proper lor each Stato to apply to State laws tho test of the Constitution. It is a rcmarkabl fact, that neither of tho border free States New Jersey, Pennsylvania, Ohio, Indi ana, Illinois nor Iowa havo any suck upon their statute books. The laws of these States against kidnapping are similar to those of Virginia k Kentucky. 'Picbncnof othrr ktitts, so called, h"Ve never cpcratnl to return a single fugitive slave, and may la regarded limply c a piotcit of those States jguinst tliehtttsh J'taluies if the Fugitive Slice lute." Believing, as wo do, that Mr. Sherman, ' .... ... .... . .... no attack on Major Anderson was intended t0 above extract, in enner ignoramiy but that on tho contrary it was tho desire r wilfully unstated the facts as regards of the Stato authorities, as much as it was the laws of Pennsylvania, commonly call my own, to avoid tho fatal consequences d Personal Liberty laws, wo respee'fully which must incutably follow a military ' from you, in reply to this, your views collision. upon tho subject. Your high character as Aud licro I deem it proper to submit, j""1 Hatcsinau warrants us in ask fnr vnr infnrn. ntinn . rnmna of a eommun- , S ''3 lucl of J'ou at a tlm0 tthcn cor' n,l ( fr,,isl. il nal ,or tn rnnilnr itinn dntml tho 2Sth of December. 1600. ' ect information on una buiijcci is m su Tho Union is a sacred trust, left by our peaceful solution of tho questions at issue revolutionary fathers to their descend- j between tho North and South. Kntertain ants ; and never did any other people ing this conviction, I refrained even from inherit to rich a legacy. It has rendered sending reinforcements to Major Ander us prosperous in peace and triumphant in ' son, who commanded tho forts in Chrrlcs war. Tho national flag has floated in ' ton harbon, until an absolute necessity for glory over every sea. Under its shadow doing so should make itself apparcui, lest American citizens have found protection and respeet in all lands beneath the run. If wo descend to considerations of purely material interest, when, in the history of all time, has a confederacy been bound together by fucIi strong ties of mutual interest? Kaeh portion of it is dependent on all, and all upon each portion, for prosperity and domestic security. Free trade throughout tho wholo supplies tho wants of one portion from tho productions of another, and scatters wealth every where. The great planting and farming States require tho aid of tho commercial aud navigating States, to' send their pro ductions to domestic aud foreign markets, it might unjustly bo regarded as a menace of military coercion aud thus furnish, if not a provocation, at least a pretext for an outbreak on tho pait of South Carolina. No necessity for these reinforeomeute seemed to exist. I was assured by distinguished and up right gentlemen from South Carolina, that .11. J. II. Adams and James L. Orr, Commiss ioners from South Carolina, with accom panying documents nnd copies of my answer thereto, dated tho 3Ht of Decem ber. The further explanation of Major An derson's removal from Fort Moultrie to Fort Sumptcr, it is propor to stato that, after my answer to tho South Carolina Commissioners, th War Department re ceived a letter from that gallant officer, dated on tho 27th of December, 1800, (tho day after tho movement,) from which tho following is an extract : Evidently referring to the orders, dated domestic strife, or even a wcll-grounucu foar of civil hostilities, is moro debtructivo to our publio and private interests than tho most formidablo foreign war. In mv annual message, I expressed tho conviction, which I havo long deliberately held, and which recent reflection has only tended to deepen and confirm, that no State has a right, by its own act, to so cede from tho Union, or throw off its Vn.lnrnl nl.liratinns at pleasure. I also - -. o - !..! A Un llmf OVP.tl that right existed, and Miouiu uo exerciser by any Stato of iho Confederacy, tho ex ecutive department of this Government had no authority, under Iho Constitution, to rccognizo its validity by acknowledging the indopendcuco of such State. This left mo no alternative, ns the chief execu- five officer under tho Constitution ot tlio United States, but to collect the public their transportation secure against all bos-! addressed tn mo l.y It W IV tlio attacks. Should tho Union perish in the midst of tho present excitement, wo have already had a sad loretasto of tho universal suf fering which would result from iti de struction. Tho calamity would bo scvero in every portion of tho Union, and would be quito as great, to say the least, in tho southern as in the northern States. Tho greatest aggravation of tho evil, and that which would place m in tho most untavor- ablo light both before the world and posterity, is, as 1 am firmly convincea, that tho secession movement lias been chiefly based upon a misapprehension at tho South of the sentiments of tho majori ty in several of tho northern States. Let tho question be transferred from political assemblies to tho ballot-uox, anu tuo peoplo themselves would speedily redress tho serious grievances which tho South have suffered. But, in Heaven's name; let the trial be made beforo wo plungo into armed conflict upon the moro assump tion that there is no other alternative. Timo is a great conservative power. Let us pauso at this momentous point, and nfford tho peoplo, both North and South, an opportunity for reflection. Would that South Carolina had boon convinced of this truth beforo her prccipitato action I I therefore appeal through you to tho pco pie of tho couutry to declare in their might that tho Uuion must aud shall bo prcsor ved by all constitutional means. I mos f.nmnstlv recommend that you devoto j ( jour?elv!S, exclusively, to tho question if how this can bo accomplislicil in peace All other questions, when compared to this, sink intoinsignificanco. Tho present is no timo for palliations. Action, prompt action, is raiuircd. A delay in Congress to prescribe or to recommend a distinct aud nract cal proposition lor conciuauou may diivo us lo a point from which it will bo almost iinpossibio to rcccuc. A common ground on which conciliation West Penn Square, Philadelphia, Jan. U, 1801 Gentlemen : Yours of tho 20th ult., is "I will add. as mv opinion, that many i,.r., , Vim nnntn from tho elonuent f . .l.of .l.rt lllliAIitip4 1 . . imngs couwij-" .u - , f , 0 nou JoIm ai,cruian. some OI Uic clam uesiguvu iu jjiuvu .u u. vj tile act." ' .'... ..It.... l.,J,.l..o.,U in irliii.ll December 11, of tho lato Secretary ot ""yu'S 110 lllllUiaiua UlUl lliuiu uiu uvus mjiuii ..." not , statute books which infringe upon tho Con mnnl, ;,v - r--r - 1 ' iiiiu' of the question as to what is tho mean ing and purport of the provisions of tho law of 1817, aud thoso of tho Jlcvisctl Penal Codo of Pennsy'vania, touching the reclamation of fugitives from labor, Ac. Trusting that you will at your earliest convenience favor us with a reply lor pub lication, we remain, very respectfully ,your obediont servants. Thomas C.MacDowelL: A. DeIvawi Tarr. passive acquicsecnco in tho efforts of tho owner to recover his property is not a ful filment of the obligation. If tho Stato throws no obstructions in tho way of tho owner it is certainly better than open and active nullification ; but it is not a fulfill ment of her obligation to "deliver up" tho fugitivo within her jurisdiction. It is truo that this is ono of tha duties in rcferenco to which coercion cannot boused against a Stato. Tho federal government may uso its civil and military power to execute its own Fugitivo Slave Law and to nullify all unconstitutional obstructions created by tho States, but it cannot compel the States to fulflil (heir obligations to pass laws in aceordauc.o with this provision of tho Con stitution. Tho moral obligation is none tho loss on this account. With honest men a xcmd is as good as a bond, Penn sylvania gavo her wnri when sho agreed to tho Federal Constitution : sho has super added her oath ; for all officers of tho State, from the highest to the lowest, ever since tho Constitution was adopted, havo been solemnly sworn to support it. Tho act of 25th March, 1820, was passed in fulfilment of this obligation. Its general provisions wcro satisfactory to tho parties interested, but tho first section of tho act was construed to deny tho right of recap tion, which was a Common Law incident of ownership, expressly protected by tho act of Congress of 12th of February, 1793. For the exercise of this right, a man named Prigg, agent for a slave owner, was convicted of tho crime of kidnapping, under tho first section of tho act 18'JO. Tho Supremo Court of tho United States reversed the judgment, and decided that tho said section of the Stato act was un constitutional. This was the only question that aroto in the caU30. But unfortunately for the peace of the couutry, Judge Story, who delivered tho opinion of a majority of tho Couit, volunteered an opinion that all Stato legislation, including acts in f.ivorof surrendering fugitives from labor to their owners, was unconstitutional, null and void Ono of the reasons assigned on the record for this extraordinary doctrine, was, that a Stato might "dole out its own remedial justice or withhold it at plaasuro,'' and 'might greatly embarrass or delay the cscicUo of tho owners' rights," and "that tho nature and object of the provision im peiiously require that, to mako it effect tial," it should be construed to "bo cxclu' sive of State authority." This captivating view of Southern rights by a learned judge from Boston, won over thrco Southern judges, agaiust tho arguments and rcmon (trances of Chief Justico laney, Judge Daniel Thompson and ethers. It is a re markablo fact that in tho life of Judge Storv. written by his son, it is recorded tliut. flm .Tudfc. when he returned to BoS' ... rr w o nroflf nrtint bull, r(Ulvu VI mw ujnuiu.i f,. - gained for liberty," "so great a point in deed," adds tho biographer,that tho Judgo "repeatedly and earnestly spoko of it to his family and ultimata friends as being a triumph of freedom." Tho sou undertakes to explain what was meant by "a triumph zanco repeatedly under Iho act of 1820, notwithstanding the dictum in Prigg's casa utitil tho act was repealed. This view of tho caso has sinco been sustained by tho unanimous decision of tho Supremo Court of tho United States, in Iho caso of Moore vs. the peoplo of Illinois, 14 Howard's Bo ports 14. Tho constitutional obligation of tho Stato to "deliver up" fugitivo slaves, therefore, remains as binding ns it was beforo Prigg's caso wa3 decided. Tho cause which produced most of Iho unjust legislation on thissubject having thus been removed, thoro is now no reason why jus tico and comity should nol be restored by wiping from our statute books every unjust or unfriendly enactment. The 5th and 7th sections of tho act of Judges " nt all times to issuo tho writ of hebens corpus and inquire into tho causes and legality of tho arrest nnd imprison mentofany human being within this Com monwealth." This enactment might bo construed to authorize a Stato Judgo to is suo a writ of hobeas corpus for the pur poso of re-examining and re-judging the decision of a federal magistrate, or inter fering with his process under tho act of Congress ; if so, it is unconstitutional. Tho assertion .of a right in tho Stato Judges to interfero against tho execution of the law, in the same act that prohibi'i their action in its favor, manifest a very ufiiendly spirit. Tho States, when they created tho Federal Government, and sur- I rendered certain powers of sovereignty to 3d March, 18-17, and tho 05th sections of ' t expressly declared that tho Fedoral au- tho new penal codo, passed 31st March, I860, are now in force. I proceed, ac cording to your request, to give my vows of those Ecctions. Tho act of Congress of 12th February, 1703, gave jurisdiction to itate magis trates. Tho act of Ibth September, 1850 did not repeal tho act of 1793. There wcro no words indicating an intention to repeal. On the contrary, tho last act was entitled, a supplement to amend tho first. Thcro was no repugnancy in the provis ions of tho two acts, in regard to the juris diction of Stato magistrates. Tho rule is that when two acts in pari materia, may stand together, they are to havo a concur rent operation, and one is not a repeal of tho other; for "implied repeals aru not favored by tho law." But tho 90th sec lion of tho Pennsylvania act of 31st March 1800, expressly prohibits all Stato magis trates from taking jurisdiction of fugitivo slave cases "under any act of Congress." If tho Stato had not repealed tho act of 1820, or if sho had mado other effectual provisions for tho delivery of fugitive slaves, thority, within those limits, should bo su premo. It follows that they hare no right whatever to obstruct its legislative action by "Personal Liberty Bills," by writs of hebeas corpus, or by any other means. When Pennsylvania undertook to nullify tho judgement cf the Federal court, by means of her military power, heroin State Judiciary concurred with tho Federal court in pronouncing her act void. Olmstcad's caso, Brightly's iV'si Prius Reports 0. When the same thing was attempted, by moans of tho writ of hominc replcgiando her own State court again decided against tho attempt ; (Wright's case,5 S & K,G2 ;) and when asked to accomplish tho like re sult, by prostituting titer great writ of he. beat corpus to tho purpose, her highest ju dicial tribunal decided against such abuso of the writ. Passmoro Williamson's case, 2 Casey It. By the act of 1780 the owners. of slaves wcro allowed to visit us, attended by a waiter or nurso acquainted with their wants and attached to their interests. They wcro allowed to sojourn among us six ' .... i... . .. ... ... this part of tho 90th section of tho act of I "lom"3' 'lom ""iroymg tneir rigtiM ot 1600, would not bo unconstitutional; but u"'"-r5'"P wo never suuercu any incon as sho has mado no provision of her own, and also refuses all aid in executing every federal enactment on tho subjcct,sho stands justly liable to the charge of disregarding tho Constitution. Sins of omission may bo as criminal as sins of commission. Tho circumstance that the constitutional obliga tion in question is of a character which must necessarily bo entrusted to our own sense of justice and honor, only renders the duty to fulfill it tho moro imperative in the forum of conscience. Another part of tho same section pro hibits tho seizing of fugitive slaves "vio lently and tumultously," although "under pretence of authority," and although tho intention bo to "carry the fugitivo beforo a District or Circuit Judgo." There is too much reason to fear that this (provision lUflV llA f01ia"J - --- - mcnt of those who aid in the execution ot tho act of Congress. To understand its ef fect properly, we must remember that a fugitivo slave will, in general, resist auy attempt to arrest him, and that in tho free Stato of Pennsylvania tho sympathies of tho bystanders will bo excited in his favor. of freedom,'' by adding, "a triumph of In such cases it would bo impossible to ar freedom, becauso it promised practically rest him without "violence aud tumult." to nullify tho act of Congrcs", it being ' Tho tendency of this enactment is to em. generally suppocd to bo impracticable to' barrass tho rights of tho slaveholder, and reclaim furtive slaves, in frco States, (X- it creates an iuviduous distinction against remarks relativo to what are called "Per sonal Liberty Bills'' of several of tho You think War. UlTniln,. Iliis imnrrssiinn. I could Witntn tlmt it was mv solemn (lutv to ' stitution oi iuo uimeu ouueb move my command from a fort which we ' that ho is mistaken as regards the acts of could not probably have hold longer than Vnnnsvlvania. and vou ask mv views on forty eight or sixty hours, J .tuii oue. ! til0 sui,icci. wuore my power oi resmaueo At 6Ucll a gloomy 11lir;0(1 :,, our Ustory, to a very great degree. , .03nerou, nntioii.witli I will bo recollected that tho concluding I . . frnvilrnmGIlt ,w cver ,va3 . ... i. ;.. .1... (it..: " o part oi lueso orucra viua ru mu luiwnn'ij cepl with tht aid o State legist itwn ami State oulloritij !" (Life of Judgo Story, 2d vol., p. 393.) A regard for tho repu tation of this eminent jurist,' suggests the hopo that the ton misunderstood the lan guage of the father. Bo that as it may, the judges who concurred in that miscliicv his property. It establishes a statute reg ulation of great severity against his rights which wo do not apply to our own citizens nnd their property. Tlio 90th section of Iho act of 1800 pro hibits tho sale of a fugitive slave within tho Stato, and makes it a criminal offence in ous heresy, "sowed tho wind," and tlio , tho purchaser to cxerciso his right of rc nation is "reaping tho whirlwind." Tho ' clainatiou. If it hs true that the right of free States, justly indignant at tins denial j property is not impaired by the abscond of their authoiity on grounds which im-j ing of tho slavo,it is equally truo that pugncdiheir integrity, and glad to here-j the right to sell tho property remains lieved from a very painful duty, repealed also unimpaired, becauso the right to all their acts for the surrender of fugitive sell is ono of tho chief incidents of owucr- slavcs, and withdrew all aid, of every des- ship. If a State law may destroy ono crintion, in execution of the Fugitive Slave of tho incidents of ownership it may de stroy all. So long as the owner does not attempt to retain the blavo within tlio btata taring : "Tho smallncss of your forco will not permit you, perhaps, to occupy more than ono of tho thrco lorts ; but an attack on or attempt to take possession of cither ono of them will be rcgarueu as an uti ui hostility, aud you may then put your command into either of them which you may deem most proper to iucrcaso its pow er of resistance. You aro also authorized to tako similar defensive steps whenever you have tangiblo evidence oi a design to proceed to a hostile act." It is said that serious apprehensions aro to soino extent cutcrtaiued that tho pcaco of this District may bo disturbed beforo March next. In any event it will bo my duty to prevent it, and this duty shall bo performed, In conclusion, it muy bo permitted to 1)' Law. Iu the excitement of the times, they also passed laws which seriously em barrassed tho slavo owner in tho exercise of his rights. Tho Pennsylvania net of 3d March, 1817, is tho act chiefly com plained of. Its penal provisions were substantially re-enacted on the 31st March, 1600, having been reported for re-enact mcnt by tho Commissioner! to lleviso the Penal Code. It is proper to boar in mind devised, is rapidly approaching dissolution every word and act should bo governed by such influences as usually control the sol emn scenes of tho death bed. Party schemes, pride of opinion, ambitious as pirations, and all uucUaritablo leoung should give placoto the high and holy con sidcratious of true patriotism. Tho truth should bo snoken fully and fcarlcs.ly with out regard to personal consequences ; and that this legislation was chiefly fuundtd on at tho same timo, with kindness and ro- j tho dictum of tlio judges in Prigg's caso, .nwi tnr tlm (minimis of thoso who sco tho an a nucstioii which did not ai'uo.in the matter in a diffcicut light. , cause, aud which ihcy had uo light to dis Tho Constitution of tho United States ' cuss or decide ; and tho opinion on that declares that fugitives from labor, coming ' question was therefore, not a judicial tie from ono Stato into another, "shall bo ' thioii, and oughl not to have been rcspce delivered vn on claim of tho party to whom ted as such. I am not aware that it ever such labor shall boflue." This clause im-' was regarded iu our com W of justice ; poses an active duty upon the State. A e-crtaiuly diregaadcd it, and took cogni or to exercise ownership over him within our jurisdiction, except with a view to re clamation, wo have-no authority to inter fere with his right of ownership ; we aro bound to deliver him up "to the person to whom tho service may bo due," whether ho tho original owner or a subsequent purchaser. The original owner may bo a vemenco from this civility to our Southern friends. John Kmdolph and his faithful Juba, while sojourning iu Philadelphia, never did us any injury. But tho 7th sec tion of the act of 3d March, 18-17, prohib its tho owner from sojourning within tho State "for any period of timo whatever, ' under the penalty of forfeiting his rights of ownership. I am not prepared to say that this enactment is unconstitutional, but it exhibits an unfriendly di.'position,altogeth cr at varianco with that neighborly cour tesy which tho citizens of Mater States should extend to each other. Neighbors can do many things to' annoy each other and at the saino timo keep within the palo of municipal law but there is a law of lovo and kindness which should not be for gotten in our treatment of neighbors, cspe .u , , Q4vuw , nuauuua "do to others as wo would that thoy should do to us,". All the offensive legislation to which I have referred ought to be repealed, and enactments ought to bo substituted in ful fillment of our Constitutional duties. Prido of opinion should not stand in tho way. We may abundantly gratify that, by tho reflection that tho action of the State in this respect, was produced by an unfortu- I nato and erroneous opinion given by a ma jority of tho Judges of tho Supreme Court of tho United States. As that high tribu nal has magnanimously corrected its error with entire unanimity, why should an up right Legislature of tho great Stato of Pennsylvania hesitato to bo equally mag nanimous ? Our Southern friends will certainly bo liberal enough to assume their sharo of tho Marco for tho past, when thoy reflect that thrco of their own Judges con curred in the erroneous doctrine which brought most of these evils upon tho coun try. By correcting tho evil, neither of tho political parties can possibly gain any ad vantage over the other, for tho error wa-s common to both. When it was committed ono party held tho legislative, iho other tho executivo power, and both concurred in tho wrongful enactments. The liberal j views of tho Executivo, and of tho Speak ers of tho respective Houses, as expressed at tho opening of the present session, juit- ify tho belief that the evils complained ot will be redressed. Yours Respectfully, ELLIS LEWIS. To Thomas C. MacDowcll, Esq., and A. DeKalb Tarr, Esq. fjiiinln nr n minor, or too lioor or infirm to .!. !.!.. r i.vi n,rt,.,l l.im A Awrui. Death. A frightful death ,mi.u. n.u .u0....v,. .. , i n5 occurrcll lst WCek at Colum- it may become apparent, mar, mo )m. Ohio. Some courtezans had b'con and happiness ol both parties would bo Jrinkin to excess, when the clothes o" promoted by a chaiigo of ownership. I do ono of them caught firo and wcro complcto not perceive that tho Stato has cither in- Jy burned off her back, nothing remaining terest or right to interfere with the owner in this respect. Tho 5th section of the act of 3d of March, 18-17, affirms the right of the Slate upon ncr but a icaiucrn ueu. ner ucaiti, says an cyo witness, was nwful. Thoso who witnessed it and heard her mingled songs, curses and prayers will never for get it,