The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-04-29
THE CASE OF RACHEL PARKER.

We see it stated that Gov. Biger has asso-
ciated Hon. Thomas S. Bell with Attorney Gen.
eral Campbell, to defend the colored girl, Ra-
chel Parker, who was kidnapped from Chester
county, Pa. Upon the subject of the rules of
evidence in slave State, we copy from the
Friends Review the suboined letter from DR..
J. +. Snodgrass under date of
BALTIMORE, March 81, 1852.
do not often see your journal, and have
therefore no means Of ascertaining whether
certain timely remarks copied from it into the
PENNSYLVANIA Freeman, made up the whole or
part only of your article on the case of Rachel
Parker. If the whole, then have you fallen
into an error with respect to the rules of evil
dence in our courts, which feel it but right to
correct, leading as its circulation would, in all
probability, to useless expense TO the friends
of this poor girl, in their benevolent prepara-
tons for the approaching trial.
The error referred to, as one into which you
would seem to have fallen, is the suppositon
that colored witnesses might be admitted in
favor of Rachel Parkers petition for freedom,
were it not for the prohibition of the entrance
of free colored citizens into this State from
yours As to this latter delectable feature of
our Black laws it would, of itself, present no
nsurmountabe obstacle Colored persons, who
might be here for legal purposes, as, for exam
pie, i'll trials where both parties to the issue
were of their own prescribed race, would be
protected by the court, whose processes for the
ascertainmcnt of truth through the best testi-
mOny accessible had called for their presence
But you need give yourself no trouble of mind
on this score. The testimony of persons guilty
Of the crime of being clothed in dark skin is
never tolerated in the courts Of this or any other
State, where one of the parties is
of the white race, unless the testimony is favor
able to the latters cause. Thus, If the claim
ant of property in Rachel Parker, can find
any colored person in Pennsylvania sufficiently
vile to be willing TO lend himself or herself to
"prove property" the testimony can be gotten
in without any difficulty, but not otherwise. In
this respect slavery is true to the instinct of
selfpreservation, as in most others. All our
laws and customs are more or less controlled
by it's requirements, because it seeks to use
them for purpose analogous to that with
which the saccharne Or acid ingredients are
employed by the preserver of perishable fruits
1t would not keep" without them.
This remark upon the policy of our laws,
which may he said to be call for slavery" will
solve the difficulty which you have presented
in the query you have started respecting the
Justice Of compelling Rachel Parker 10 submit
the question of her freedom 10 a Maryland
court, instead Of Pennsylvania court as has
been done without process Of law" AZ truly
remarked by you. YSa say with natural jus
ticc, and with true accordance with the COM
mon law of property" rs it would be applied
TO stolen horse or an OK, Let Rachel Par
ker be first brought by habeas corpus to the
county from which she was abducted, and there
let the alleged master yindicate his claim"
But you expect far too much OF our courts, con- |
trolled as they are, not by the principles OF
that common law which lends no sanction |
whatever to the uncommon demands OF slavery |
but by statutory laws. They would not have
granted that great writ Of right" to Rachel |
Parker, had she asked 30 be brought from her |
among felons, before one Of our |
judges How, then, could you expect that such |
an order from one Of your judges would be re-
spected herei II would be treated just AZ the
requisiton Of your late Governor upon ours for |
the miscreant McCreary was-with pro-slayery |
contempt.
As a case in point, may tell you that an
"free citizen OF pennsylvania"
who had been kidnapped and brought here
some years ago, pas kept IN PRISON wh'ie ae-
to be free by epen me Judges ,eho, on
application refused to grant the writ Of habsas
corpuy The tardy and expensive process Of
" petition for freedom" adopted by the counsel
for poor Rachel was appealed to, then as
now, a. the only remedy for the colored race
in this State; and it throws the onus Probandi
on the victimized, instead Of the yictmizer,
where slavery desires it thrown--for the dark
ened color oil the skin is evidence presumptiye