Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1847-07-15
Correspondence or THE Hcm. WING.
MERrIssBURe, Berkeley Co. Z
lane 81. IS47

through friend in Philadelphia, copy Of the
Laws passed al The la;e session Of the Legisla-
nre OF the State Of Pennsylvania. Among
them is one which, in my Judgment, should
be brought to the knowledge OF every citizen
Of Virginia. Ii IS entitled "An Act 10 prevent
kidnapping. preserve the public peace, prohlb-
!, the exercise Of certain powers heretofore ex-
ercised by Judges, Justices OF the peace, Al
defrnen and Jaors in this Commonwealth,
and to repeal certain slave laws" and was
approved on the Sd DAY Of March last. send
Won. herewith, an accurate transcript Of il,
with view to its publication IN your pa
per.
The Constitution Of the United States pro
vides Tart ", sect z, 81 clause, that "no per
son held 10 service or labor III one State under
the laws thereof, escaping into another, shall,
in consequence OF any law or regulation there
in. be discharged from such service or labor;
but shall be delivered up on claim OF the par
Nv 10 whom such service or labor may be due"
Looking TO this provision Of perhaps, the
most solemn compact that was ever formed
amongst men--to the legislative and repreSen-
tatiye character Of the General Assembly Of
Pennsylvania the solemn oath, by which
its members have bound themselves, before
God, 10 support that compact-thls act APP
pears 10 me TO be the most remarkable case Of
advised disregard of all that we are accustom-
I'd TO speak Of US ''binding the soul Of man to
the throne OF his Creator" that has ever come
under my observation.
Pennsylvania, as 4 recurrence TO the histo-
ry of her legislation upon this subject will
most fully show, has never faithfully fulfilled
her duty to her sister States. Her conduct
has, heretofore ever been OF that character
which
keeps the word Of promise to the ear,
But breaks il to the hope"
And now her Legislature, catching the spirit
of modern tanalIcism, not content with that
qualified baseness which presents the form
while it withholds the substance---not only re
pudiates the duty TO 'dever up" but with the
manifest design TO deteat the recovery of an alb
scondng slave, has provided such action, ex-
ecutlve and Judicial, as cannot fail to be eliec-
iual Tor the purpose.
My design, IN calling the attention of the
people of Virginia TO this subject. must be ey-
dent The citizens Of the border counties,
from their geographical position. must be the
principal sufferers from legislation of this
character on the part of Pennsylvania.
Convinced that nothing but the sovereign
acts Of Virginia, through her constituted au-
ihorliies, l. ylsaive and executive, can be OF
avail, many OF them have determined TO bring
the matter TO the notice of the next Legislature
in memorial praying for prompt and deci
sive action on its part, in whatever manner 1t;
wisdom may designate. II is but natural
then, that they should desire their fellow CIT
zens, of other portions OF the State, to be fully
cognIzant OF the evil Of which they complain
and perceive the necessity which demands il:
remedy.
The Act is as follows, and have though
il best to transcribe it, without comment, as
each section will be found, by every reader, tc
contain direct and palpable blow at the rights
and interests of Virginia.
A CITIZEN OF BERKELEY.
Sect |. BE IT ENACTED BY THE SENATE
AND HOUSE OF REPREsENTATIvEs OF THE
GENERAL ASSEMBLY OF PENNSYLVANIA, Thai
II any person or persons shall, from and after
the passage of this Act, by force or violence
take and carry a,cay, on cause 10 be taken ana
carried a,cay, and shall by fraud or false pre-
tence en'ice, or caused 10 be entlceds or shall
attempt so TO take, curry or entice any free re
gro OF mulatto, from any part or parts of this
Commonwealth, 10 any place or places what
sOever out OF this Commonwealth, with de-
sign and intention ofselling and dspesng Of,
or causing 10 be sold or disposed Of, or OF keep
ing and OBTAINING, or of causing to be kept or
detained, any free negro or mulatto as a ser
want or slave FOR life or for any term whatev-
or, every such person and persons, his or their
aiders and abetters, shall be deemed guilty OF
high mlsdeneanor, and on conviction there
OF in any court ofquarter sessions ofthls Com
mOnwealth, having competent jurisdiction
Shall be sentenced to pay, at the discretion OF
the court passing the sentence, any sum not
less than fire hundred nor more than tlco thou
sand dollars; one half whereof shall be paid to
the person or persons prosecuting the same
and the other hall TO the Commonwealth and
moreover, shall be sentenced TO undergo a
punishment IN The proper penitentiny. for a
period not less than fire nor exceeding ttcetre
years; and on conviction Of the second Of
fence Of the kind, the person so offending,
shall be sentenced 10 pay like fine, and I'M
dergo punishment, by solitary confinement IN
The penitenttmy for t,centy.nse gears.
Sect 2-Ihat il any person or persons
Shall hereafter knowingly sell, transfer or as
sign, or shall knowingly purchase, take a
transfer or assignment OF any free negro or
hulatlo for the purpose Of iraudulenlly re-
moving, exporting, or carrying such free ne
gro or mulatto out OF this State, with the de-
sign or intent by fraud or false preiences, of
making hpm or her slave for life, or for any
term whatsoever, every person so Offending
snail be deemed guilty OF a high miSdemean-
or, &c penalty as in section LIST
Sect. 3.-Ihat no Judge o, any olthe Courts
fills Commonwealth nor ana alderman or
Justice Of the Peace Of said Commonwealth,
stal hare Jurisdiction, on Take cogni-mee Of The
case Of anyfngiiive from labor, from any Of he
United States or Territories, under Il certain
,ici Of Congress, passed on the l2h dug Of Feb
r,Hny, 1913, enuted IAN Act respecting fug
iiires from justice and persons escaping from
the service Of their masters; nor shall any
such Judge, Alderman, or Justice of the Peace
issue o. grant any certificate or tedraat Of re-
moral Of any Ggi iiee. from labor. under The said
act Of Congress, o. under day other L,tc, author
ity or act QfHe Congress of'Me United States,
and II any Alderman OF Justice of the Peace
otthis Commonwealth, shall take cognizepce
or jurisdiction Of the case ofany such fugitive,
or shall grant OF issue any certificate or war
rant OF removal as aforesaid, then, and in eth
rr case he shall be deemed guilty of INSIDE.
iaeanor in Office, and shall, on convection
thereof, be sentenced to pay, at the discretion
OF the Court, any sum not less than five hun
drcd, not exceeding one thousand dollars. sc.
Sect 4.-That if any person or persons
claiming any negro or muatto, as fugitive
fran service or labor, shall violently or tu.