The Potter journal. (Coudersport, Pa.) 1857-1872, January 24, 1861, Image 1

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1 0011172 E XIIL- - -141T11113ER 17.
-Term Advertising.
1 Square [lO lides]' 1 insertion, - - - 50
• - 31- 4, : •$ j 50
Rack s nbsequirtt inairtion less than 13, 25
1-§quareilirgeeicintbs,. 7 - 250
1. six„. •• - --- - - • 4-00
r a - nine 550
'year,, - - 600
Rule and figure corky' per sq., 3 ins. 300
every subsequent insertion, ' 50
I;Col'*um six moaths,_;. -- -- - 18 00
f,a u' i
10 00
, ..
- -: ca: to -cc •- '
.- -
7 00
•' • " per yeir. • 36 00
A , • st.t :; ~ gc r _
Displayed Singio-column, each iiiser
tiott Pset.hali.four,' " • - --. 3 . 00
:sichitadifionaltinsertion, -
oubl6-column;ifiiplayed, per annum 65 OU
. six mouths, 35 00
•• .•. c.- " 7 . " • three " -: 16 00
..!:; . ,!. -- " 1., ono month, 600
..,; 1 .' . -
.per square .
f 10 - lines, each insertion under 4, 100
Parts of columns will beluserted'at the saute
t - rates. • ~
Adininistrator's or Executor's Notice ; 200
Additer's NOtices, each, - - -- - - - - - 1 50
Sheriff's Sales, - per tract, 150
Marriage Notices, each, ---,- - - - 100
pirorce Notices, each, 1 50
Administrator's-Sales, per square for 4
• insertions,
posiness or Professional Cards, each,
not exceding, .8 lines, per year -- • 500
Special and - Editorial Notices, peg line, 10
reirAll transient advertisements must be
baid in advance, and no' tiotice will betaken
f advertisements from a distance, unless they
&re accompanied by the money or satisfactory
- Couderiport, Pa., will attend the. several
Courts in Totter and : Wßean Counties: All
business entrusted in his care will receive
in•ompt . attention. Office corner of West
and Third 'street?. • 10.1
ATTORNEY AT LAW, Coudersport, Pa., will
regularly attend the Courts in Potter and
the adjoining Counties. • 10:1 •
Coudersport, Pa., will attend to all business
entrusted to his care, with promptnes and
fidt'ity. Office on Seth-.west corner of Main
and Fourth streets. 12:1
ATTORNEY AT LAW, Coudersport, Pa., will
attend to all business entrusted to him, with
care and promptness. - Office on Second st.,
near the Allegheny Bridge. 2:1
0. T. ', - ELLISON;
respectfplly informs the citizens of the vil
lage and Vicinity that he will promply re
spond,to all calls for professional services.
Office on Main st., in building formerly oc
cupied by C. W. Ellis, Esq. 0:22
.C. S. X E. A. JONES,
Oils, Fancy Articles, Stationery, Dry Goods,
Groceries, Bc., Maio st., Coudersport,:Pa.
D. E. OLMSTED & CO., -
Clothing, Crockery, Groceries, 3:c., Main st.,
Coudersport, Pa. 10:1
1, M. W. MANN,
, AZINES and Music, N. W. corner of Main
and Third sts., Coudersport, Pa. 10:1
WAR .E, Main st., nearly opposite the Court
House, Coudersport, Pa. Tin and Sheet
Iron Ware made to ordet, in'good style, on
short notice. 10:1
D. F. GLASS3IIRE, Proprietor, Corner of
Main•and Second _ Streets, Coudersport, Pot
ter Co., Pa. 9:44
S.I3IFEL NI MILLS, Proprietor, .Colesbnrg
PLl,ter Ca., Pa., seven miles north of .Cou
d,.",,,,Nvt on the w.lisviilo Road. 0:44
53 - LACKSMITH, Fourth street, between Main
and West Streets, Coudersport, Pa., is pre-'
pared to do all kinds of work in his line,
on the most reasonable terms. Produce
taken in payment. 12:39
BLACKSMITH: would inform his former ens
: Comers and the public generally that he has
reostablished a shop in the building form
erly occupied by Benj. Rennels in Couders
port. where he will he pleased to do all
kinds of Blacksrnithing on the most reason
able terms. Lumber, Shingles, and all.
kinds of Produce taken in exchange to!
_ wo: k. 12:34.
14IRER, Coudersport, Potter Co., Pa., takes
this method of informing the pub
lic in.gentral that he is prepared
to do all work in hiS line with promptness,
in a workman-like manner, and upon the
most accommodating terms. Payment for
Repairing invariably requiredluitielivery of
the work. lle.„ All kinds of PRODUCE
Sken on account of work. 1':35.
lam prepared to do jobs of Surveying in
Ulysses, Hector and Pike townslti,s, and
anywhere within 8 or 10 miles of my home,
and can undoubtedly give satisfaCtion, hav
ing had over 6 years experience.
Brookland, (CushiAgrille), Potter Co. -"a
Oct. 24, 1860. 111".
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Ti's the fountain of love in this wilderness
gushes, .
If you thirst for the waters, yet pause ere you
• d.-ink,
;The' red is the rose on the margin that
And pale Is the lily that bends o'er its brink.
Bow; it breaks over rocks,how it steal among
flowers, •
Dow: it - gleams in the sunshine and deepens in
• : shade, -
Now dancing along like the roseate hours,
Or - ninkratteing,'slOwly its soft serenade: ,
.'Tis the fountain of love—and of happiness
Ask that of the thousands that drink, of its
Of all that approach it the happy are few,
And many, like Sappho, have tasted anti died,
• When the waters are troubled, it is not to
' cure;
No Angel - deseendi the affi'cted to save.
Drink little; if little you wish to endure,
But if you love sadness, drink , deep of lite
. wave. •
• It will double your.cares, and divide your
Plant grief in the heart of the constant and
trite, *
-And a sorrow,* the peace of 'another that
Must be borne in its pain and its anguish by
1 50
But 'tis thought that this current leads far,
far away
Till it reaches a distant and happier shore,
Where affection and love will hereafter be
And sorrow - depress and divide them no more.
(Concliided.) •
By the act passed by the last Legislat
ure, establishing a system of free banking
in Pennsylvania, and securing the public,
against loss froin insolvent banks, radical
changes were made in the banking laws
of this State. 'lnstead of corporations
created by special laws, voluntary associ
ations are authorized to transact the busi
ness of banking, without further legisla
tion, and, as an indispensable pre-requis
ite to fhe issufna of bank notes for circu
laden, ample security mist be
depnsited with ' the Auditor . General fur
their prompt redemption. 'flip law makes
provision, not only for the .neorporation
of new banking asseciations, but enable
banking institution's already in existence
to continue their business for twenty
years after the expiration of their present
charters, upon complying with its provis
ions, by withdrawing their old elicitation
and the securities required for the
redemption of Cleir new, -issues. The
public, I am sure, will rejoice that no fur
din necessity existslor legislative action,
either on the subject of creating. new or
rechartering old banks, and that the time
and attention of their representatives will
now, happily, be no longer monopolized
in the consideration of a subject hitherto
prodUctive of so much .strife antfeonten-
Lion; if not of positive evil.
The rapid increase of private banks,
throughout the State; makes it eminently
right that they should be placed Limier
proper legislative restrictions, and that
the large amount of capital thus employ
ed should be made to contribute its fair
proportion to the revenues of the Com
monwealth. Their business, in the ag
gregate, 'is now telleved to amount to a
sum almost, if not quite, equal to the
whole buAness of the regularly chartered
banks; and yet it is entirely unrestricted.
and, with the exception of a merely nom
inal license tax, is free 'from. taxation.
This is unjust to ciery other class 'of our
taxpaying citizens, and especially so to
- the banking institutions lidding charters
from the_eommonwealth, for which they
have each paid a liberal bonus, and are,
in addition, subject to a very large tax
on their dividends. I..respectfully com
mend this subject to the attention of the
Legislature. _ .
A high sense of my duty impels me
again to call the attention of the Lectis
iature to the inadequacy of existing laws
regulating the receiving, keeping, and
disbursement of the revenues of the State.
The public. moneys are now .paid directly
to the State Treasurer, who deposits them.
at his own discretion, whenever and wher
ever he chuoses,-and pays them out in
sums, either small or great, upon his own
unattested check exclusively. Theamount
thus received, kept, and disbirsed is an
nually between three audio& millions of
dollars, with. balances-on hand, at times,
qacceding one million- of dollars ;" while
the bond of the State Treasurer is for
only - eighty thousand dollars: His ac
counts are settled monthly by the Audit-..
or General, by whom the receipts for
money paid into the Treasury are coun
tersigned,- and these are .the only safe
guards provided by law to prevent thell
legal and improper use - of the money of
the State, by the State Treasurei.
Happily; the revenues of the Common
wealth .have hitherto been safely kept,
properly disbursed, and promptly accoint
ed for, by those in, charge of the public
treasury; - but, in view of the seriuus de
falcations wltu h have occurred elsewhere;
'Debota '2liivi . plai 'of i rklie. 410 biso'zNitiqtioq - KiiO4f.lll'4 40' ifeths•
and Jo Oilier States; this' fhcrshould furn
iish no reason why -we ought 'not to guard.
against iossin the future..,Referring to
my former annual .messages,.l respeccful
,but - most earnestly; ieemw eend. that
provision to- made by law :' ' -
Firxt.--That *no money shall be - de
posited by the State Treasurer in_ any
bank, or elsewhere, without first re'quir
ing- ample- security to be given to the
Commonwealth for the prompt:repayment
of such sum as tiny 'be deposited ; and
that such securities shall be deposited in .
the office bf the Auditor General. H
- i Secoutt.—That all checks issued .by
the State Treasurer shall be countersign
ed - 14 the Auditor General, . before they
are used, and that daily accounts shall be
kept-of :the -moneys received, deposited,
and -disbursed, in;the Auditor General's
office, as well as in the Treasury Pepart
intnt. - . ,
ThircL—That 'cbrideased monthly state
ments, .verified by the signatures of the
Auditor General and State Treasurer.
shalt he published in one newspaper in
Philadelphia and one in Harrisburg, shoW
ing the balances in the treasury, and Where
deposited, with the particular amount of
each deposit ; and • -• • •
- Bret/IL—That: the bond of the State
Treasurer be incrcased - to the sum of two
hundred and fifty thousand dollars.
Our various charitable and reformatory
institutions—the State lunatic Hospital,
at Harrishura—the Westurn Pennsylva
nix HOspitaCfor the insane, at Pittsburg
--the asylums fur the blind, ahe deaf and
dcmb, at Philadelphia—the House of
Refuge • at Philadelphia and Pittsburg,
and the Pennsylvania Training SOhoul
for idiotic. and feeble-minded clildien, at
Media, will present their usual annual
claims upon the bounty of the., State.
These excellent charities are-continually
'dispensingd benefits and blessings 'upon
suffering and erring humanity which can
scarcely be overrated They are heartily
commended to ,t4.discriminating liberal
ity of the Legrslature: I refrain, as I
have heretofore done, from recommend
ing, as proper objects for appropriations•
from the State Treasury, other charitable
and benevolent institutions, not because.
they arc,Undeserving the confidence and
patronage of the public, but because they
are local in their character, and in my
judgement have no claims upon the com
mon fund which can be admitted, injus
tice to the rights and interests of other
portions of the Commonwealth
The inspectors of the State Penitlntia
ry for the Eastern District of Pennsylva
nia, in their annual reports for the years
1858 and 1859; called the attention of
the Legislature to the insecurity of such
parts of the Penitentiary building as were
exposed to their own fires and those of
the neighborhood, and recommended that
roofs of such of the Corridors as were cov
ered with shingles, and needed , renewal,
should be replaced with slate or metal.
On visiting the institution, my attention
was called to the subject by the inspect
ors. The necessity for the.chan ,, e was
so apparent and urgent, that I advised 6
them not to hesitate in having the old,
dilapidated, and dangerous wooden roofs
of such portions of the building as requir
ed. renewal, replaced with s - oule substan
tial fire-proof material. This - has accord
ingly been done, and I 'respectfully re
commend 'that a small appropriation be
granted to defray the expenses incurred.
I commend to your consideration the
report of the State
_Librarian, whose at
tetrion to the Interests of the Library
under his care deserves - the warmest
ecminendation. The systeen of exebanges
with the different States of the Ilnion,.and
with • foreign Governments,'eowinenced
and prosecuted under his auspices, has
resulted togreatadvantages to the Libra
ry, and deserves the continued counten
ance of the Legislature. The increase of
the Library, at a comparatively small ex
pense to the State, has been such, that
tt now needs enlarged accommodations for
Ole safe keeping of the voluthes, and, it
the increase continues, will soon require
a separate building for its exclusive use.
The reports of the State Treasurer, the
Auditor General, the Snrievor General,
the Adjutant General, and the Attorney
General, will inform yz,u, in detail, of the
operations of the Government; as present
ed by those several departments, for the
last fiscal Year. They are entitled to the
attentive consideration of the Legislature.
Soon after thy -inauguration, upon the
recommendation of my predecessor in of
fice, a dwelling kouse was 'purchased in
this city, for trio residence or the Govern.
or of the Commonwealth. The purchase
included several articles of heavy furni
ttire, then ittlhe building, and a.swall
appropriation Would complete the necee
sary furnishing- of the houSe, so as to
make it a fit and convenient residenee for
the incoming. Executive. I *cheerfully
recommend the immediate passage pia bill
waking a suitable • apprepriation*.for ; this
,The. extraordinary and alarming eondi
lion of our national affairsrdemands your
immediate attention. On the twentieth
of Deoembei last, the Coofertion of South
Carolina, organized udder the authority
of the - Legislature of . that State, by a
unanimous vote, declared ."that the union
now subsisting , between South Carolina
and the other%*tafes -- under the.imme of
the United'Stotes of America, is hereby
diisolVed i" and- the action already taken
in several other , Seinthern States indicates,
most dearly, their intention to follow this.
example". • '
Ou behalf of the advocates of secession,
it' is claimed that, this Union is merely a
compact I)tween the several States com
-positig it, and that any' one if the States,
which may . ..feel aggrieved,' may, at its
pleasure, declare that. it Will Lao longer be
a party tolthe compact: This doctrine is'
Clearly erroneous. The Constitution of
the United States is something more than
it mere compact or agreements tettreen the
• •
several States. As applied Ito nations, a
compact' is but .a treaty, which may be
abrogated at the will of either parry; re
sponsible in the other party. for its bad
,• faith in refusing to keep its engagements,
but entirely irresponsible. to any surerior
triLunal. ;A government, on the other
hand, whether created by consent, or by ,
conquest; when .clothd with legislative,'
judicial, and executive powers, is neces•
sully in its nature sovereign ;• and from
this sovereignty - flows its right to enforce !
its lan's
,anddecrees bs civil process,-and,
in au emergency, by its military and naval
Power. The government owes protection
to the people, and they, in ,turn, owe it
their allegiance. Its laws cannot be vio-
laced by its citizens without laccountabil•
ity to the tribunals created to enforcee its
decrees, and to punish offenders. Organ
ized resistance to it is rebellion. If suc
cessful, it :may be purged Of crime by
revolution.' If unsuccessful, the persons
engagedin: toe rebellion may bp executed
as traitors. The Government of, the
United States, within the limits assigned
to it, is TIA. potential in sovereignty as any
other. Government in the civilized world.
The Constitution, and, laws made in pur
suance thereof, are expressly' declared to,
be the ittpreme law of the land. Under
the Constitntion, the General Government
has the posier to raise and support armies,.
to create and maintain •a navy, and to
provide .fur calling forth the militia to
execute its:, laws, suppress insurrection,
and repel , itiVasion. A ppropriate statutes
have been enacted ';by CongreSs, to aid in
the execution of these important govern
mental powers. -
The creation of the :Federal Govern
ment, with ;the powers enumerated in the
Constitution, was the act of the people of
the United States, and it is perfectly im
material that the people of - the several-
States acted separately within the terri
torial litui:s ! of each State. The form of
their action: ; is of no consequence, in view
of the factl that they created a Federal
Government; to which they surrendered'
certain lowers of , sovereignty; and declar
ed those powers, thus surrendered, to.lic
supreme, without reserving. to the States,
or to the:people, the tight of secesson,
nullification : , or other resistance. It is
therefore' clear that there is no constitu
tional right of secession. Secession is
ocly another form of nullification. Either,
when attempted to be canted out by force,
is rebelion, and 'should be treated as such
by those whose sworn duty his to main,
tain the supremacy of the. ConstitUtiot
and the laws of the United States.
It is;certaiuly true, that in case of great
extremity; when the oppression ot gOl7-
eratherit . haS become so Intulernble that
civil war is preferable to: longer submis
sion, there remains - the reioltitienary right
of resistance; but where:the authority of
the Governthent is limited by a written
I Constitrition, and each departuient islield
fin check 14. the other 'departments,- it'
will rarely, if ever, happen that the citi
zen may not be adequately 1 ,
Withoutreserting to the sacred and in
alienable right to resist and destroy a
':(lovarinnentf which has been; perverted
to a tyranny:
lint; while denying the tight of a
gton'to abselve its citizens frOM the al
legiance which they owe; to the Federal
Government; it is, nevertheless, highly
proper that we should carefully and can
didly:examine the reasons which are ad
vanced by :those who have evinced a de
termination to destroy the Union of these
American Skates, and if it shall 'appear
that any of the causes of complaint. are
well founded, they should be :unliesitat.
ingly • removed, and, as far asp possible,
*eparation made for the past, and security
'given for the future.; for it is not to be tol
erated, that a government created by'the
people, and Maintain.ed fur their benefit,
should - do lops:We to any. - portion:of its
citizens. I
• :
'After asseking her right to withdraw
from the Union, South Caroli4,t.hrough
ner:Convention, among ether reasons,
declares that,she is justified it - exercising
at. this time, that right,—_bitaws'e several
of the States;havl for years .noC . oniy, re
fused to fulfil their constitutional
tions, but have enacted laws either nulli
fying, the Constitution, or rendering use
less the acts of Congress relative to the
surrender of (fugitive slaves • that they
,permitted the open eitablishm -at
of societies, to disturb the peace or otliei
,that the people of.nop-slavehold
ing States have ; aided in On / escape- of
slaves from their masters, add have in
cited to - servile insurrection': those,. at
remain and have announced .their-`de -
termination to exclude that South frPtu
the common territory oldie Union. 'As
tLe representatives of the people of Perin-
Sylvania, it becomes your solemn dtitylto
!examine these serious charges, made ity
the authority of'a sovereigti State.
- Pennsylvania is ideld - denetlie Hard
States that are charged mith having re
fused, compliance with - that mandate:
the Constitution of the ...United States
which declares ''that no person held j'to
service or labor in one State, under the
laws. thereof, escaping into anuther ' _3+ll
in consequence of any law or regulation
therein, be discharged from such service ]
or labor; but shall be delivered up,
claim of the party to whom such service
or labor may be due." So fur from adniit
ting the truth of this charge, i unhesitut
ingly aver, that upon a careful examini-
Lion, it will be found that the legishitive
and judicial action of Pennsylvania,
Whether as a colony, as a member of the
old Confederation, or under the existiiig
Constitution of the United States, has
been almost invariably • influenced by a
proper appreciation of her own obligat idns
and, by a high regard for the rights; he
feelings, and ile interests of her xis er
•As - early as 1705, the provincial au
thorities of Pennsylvania, , after recitt l ng
in the preamble " the importation lof
Indian slaves fi-om Carolina or other
places, bath been observed to give the
Indians of this province some, utub4ae
for suspicion and dissatisfaction;" passed
lan act against the importation of Indian
slaves front any other province or colqny
in America, but at the same time declar
ed "that no such Indian -slave as, desert-1
ing his master:s.service elsewhere, shalll
fly into this province shall be understood
or construed to be comprehended within
this act." And when, iu 1780, -more
than eight years before the Constitution
Id the United States weot into operation,
_Pennsylvania passed her laws for the
c-r4ltial abolition!of slavery, mindful lof
thd, right of her confederates, she decliir
ed-that,"this act; or anything in it min
tamped, shall not give any relicror sl4l-
ter to any absecnding or runaway negro
orMulatto slave-or servant who has ab
suited' himself, or shall absent himself,
from his or her owner, master or mistress
residing in any other State or, contiqy,
but such owner, 'Master or mistress shall
have like right and aid to demand, clai'iu,
and take away his slave or servant as le
might have had in ease this act had dot
been made." -A provision mach in4re
unequivocal in its phrpseolu,- and dirlet
in its connuands than those found - on the
same subject, in the Constitution of the
Union.' The act,: by its terms, was made
inapplicable to ddmestie slaves attenuttig;
upon delegates in Congress from the oth
er American States, und_those held by
persons while passing - through this State
or sojourning, therein fur a period-. trot
longer than six months.
In 1788 it was made a l bigh penal pf
fence for any persen, by. force, violence,
or fraud, to take but of this State nny
negro or mulatto as a slave, for a term of
years.. Soon after the passage of this
act, the Sopronla Court of Pennsylvaoa
decided that it did not apply to ,the forc
ible removal of a slave, by - the owiserior
his agent, but that its object.was to pun
ish the forcible or fradulent abducqon
from the State ot free negroes, with the
intention of keeping or selling 'them las
slaves. Thus, at that early dPy, givicg
judicial sanction to the doctrine, tha4 a
master had the right to take his slaves
wherever ho could find thim.
The first act of Congress providing for
the rendition of fugitives from justice ior
labor was passed in 1793, and originated
from the refusal ot the Governor .?f
Virginia to surrender and deliver up, pn
the requisition of the Governor of Penn.
svlvauia, three persons who had been
indicted in Pelmsylvania for kidnappig
a nettro; and carrying him into Virginia.
And when it was found that this Cdn
gressional statute did not afford a simple,
speedy-and efficient remedy fur the re
covery of fugitives:from labor, the Legis
latUre of Pennsylvania, at the request,:of
the adjoining State of Maryland,•in 186
passed her act "To give effect to the
provisions of. the ; Conititution 'of tie
United States rotative to, fugitives frcup
, labor, for the Kotection of free penplelof:
:color, and to preverit kidnapping." Tips
excellent and well-considered late met oil
the existing emergencies. It requiid
the judges, justiceS of, the peace, and.
: aldermen of, the upon the oath Sof.
the claimant, to issue their warrant. for
the arrest:A:it any,' fugitive from labbr
capirig.iatothis State; directing hoiv- -
ever, .that;suoh warrants should be made
returnable, by Whomsoever issued,. bet+
a judo of the proper county. -It requir
ed sheriffs dud constables to execute
warrants'. It-authorizedlifetouuittueUt
TERRIS.- -$135 PER, gartok,
of-the fugitive to the county - jail,, :a134
otherwise made provisions to-secura, i l k
effective execution and itt thi saine,Alinit
to prevent its abuse. ' •':', t: .• : .•-fil-i,':
This law continued quietkrin toperit
tion until the decision of the . Supiirtm.e-
Court of. the United , Stites. • triada, i*
1842, in the case ofTrigg vs. The.'o* -
monwealth of Pennsylvania. • Thelkisti.
ry of the case may :be briefly midair,*
ward Prigg was - indicted 14.00.0041 ._
_Dyer and Terminer, of York countx,i,fay
kidnapping a colored person,. MOO
;Margaret - Morhan: - ,Upon the triallt'sji,
4 1
peered that she was, held us ft elave F tii
the State of Maryland,' and•that. she • ear
caped into the State of Peonsylvanfain
the year 1835—that in -1837: Ed.iard
Prigg was appointed by the owner otitis
i 4 lav,p, to seize and arrest, her--asa fugi
tive from labor. , In puraumime.of ,this
authority, and under a warrant issue&by
a justice of , the peace, Prigg caused_ ~the
nero woman to•be arrested, and withoit
hazing obtained any warrant of-,retuoval.
he delivered her to her owner; .io the
State of Maryland. These facts siern
founded by a special verdict, and by the
agreement of counsel .a judgeruent . was
entered agah3stPrigg. Vow this judg
ment a writ-of error .sias taken ..4,0-' - ,the
Sirpreme Court of the State, where. a
pro forma judgement of affirmance - was,
again by agreement entered, and the ease
removed to the Supreme evart of the
United States. *- . '
It will be observed that the question,
whether Edward Prigg was really nifty
of the crime of kidnapping, under, the
Pennsylvania, statute of 1826, was never
actually passed upon, either by the court
or jury, in the county.of York, or , by, the
Supreme Court of the State. The jury
merely found the facts, and the action of
both courts was but a matter of fcirai.
In the. argument and . determination
of the case, in' the Supreme Court of pre -
United States, it appears to have trciA,
taken for granted, that our act of ..La-, , '
made it a criminal. offence fur , r
to take his slave out of this State, wide
out a warrant of reutal; and upon this
construction, the act t , as declared uncon
and void. This. I submit, •
was a clear misapprehension of
_the pm."
port and meaning of our legislation. The
first section of t he act of-- : 1826,
which the indictment agaiest Prigg was
framed, was almost literally copied from
the seventh section of the act of, 1781,
to which a construction bad alreay been
given by the higheit judicial tribunal of .
the State of Peunsylvania, where it was
held to have no application whatever ; to
the rem oval of a slave , by the master' Of
his agent, with or withoat a warrant.-4
Such was the undoubted lased the State
under the statute of 1808, and in re•en,
acting.that statute,-in the act of 1826?
with an increased penalty, it is manifesit
that the intention and object of the Leg.,
islature was to protect free persons. of
color, and to punish those, who by fraud;
force or- violence were guilty of . kidnap . ;
ping, and holding or-selling free men as
slaves. This the State had-a clear right
to do ; and nothing but a misconstrue
tion of :her act cou:d have indneed the
declaration that it. was forbidden by &elf
Constitution of the United States.. It
is :perfectly clear,'. that Edward Prig
had committed no - crime' in removing' ,
Margaret Morgan from the State of Penal '
sylvania to the-State ofl Maryland,' nal
delivering her up to her ( owner ; and ft; •
is equally clear, that no. attempt Fa's'
made, by the statute of Pennsyivaniii, t:o!
declare his act a crime. lie should have ;
been discharged, not because the act ~el
the State was unconstitutional; but be ,
cause he had not transgressed hi_ dont- •
elands, . .
-The Supremo Court of the Uni ted, . -
States not only pronounced theparticulsi .
section of the act of 1826, then before -
them, nuconstitutiOnal, but a majority r ok:
tlie court held that, the Whole act was .
void, because the power to provide" for
the rendition of fugitives from !abet was
vested exclusively in : Cugirls, and the
several States were, ;therefore, incoliipe .
tent to pass statutes either in . aid cit or -
to, hinder, delay, or ,prevent the deliver); -
of such fugitives. That this Was tneexl•
tent of tbe - decision,as delivered by JudiCl
Story, not only appears froth the opiuitatA. ,
of the majority, but also from , the- dissent-. -
ing opinions delivered by the minority of
the court. By this unfortunate declaim),
it was authoritatively proclaimed' thill,
Pennsylvania, In enacting her liberaF
statute of 1826, making it the , defy .
her own officers .to aid in erre - Sting:lWO
delivering up fugitives from lab4,.„Aid
mistaken her constitutional, thlioation..
and that her , act wis in violation of,
rather than obedience tii %- tiiii - CO.u. ,
stitution of the United States.`...
Under such circumstances, it tvre til'e
manifest dut..) of the Sae to repeal.
law thus declared uncorstitutimial:
was don° 14,the'aci ot 1841, anfi -
act had' contained 'nothing - more*:!,.:
repeal of the law of 1816, and the Id
enactment of the
it could not . haie been, subjeo3,t. k.i any
just complaine. - But the'third aßectiutt