The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-12-01
ANOTHER CHAPTER IN THE WILKEsBARRE
AFFAIR

AFFAIR
Judge Grier threatens to hang Mr. Gidersieye!! -
Letter from Mr. 6ildersleve, showin. sundry rea-
sons against the execution
To the Hon. Jud, e Grter, Of the Supreme Court
Of the United States:
SIR; la your remarks from the bench on
the hearing OF the habeaS corpus sued out of
the Circuit Court over which you preside, by
John Jenkins and others, and also 10 your
printed opinion, you have taken liberties with
my name, no less inconsistent with the dignity
OF your official station, than with truth and
justice. The insinuation, equivalent to posi-
tive assertion, that am an unprincipled in
terloper," does not amount to proof although
proceeding from the lips of a Judge of the Su-
preme Court Of the United States
An affidavit was made by me- upon which
warrant was issued for the arrest of certain
slave-catchers. You were pleased to remark,
IF thus man fails to make out the facts set
forth in the warrant of arrest will request the
prosecuting attorney of Luzerne county to
prosecute him for PERJURY Perhaps it would
still more aid and comfort felons, if you would
request all prosecuting attorneys to prosecute
all grand Jurors for perjury, whenever the facts
they had sworn to were dlsprOved ON trial in
other wOrds, whenever person indicted is ac-
Quilted on trial, send the jurors who indicted
him to the State prison for perjury
made an affidavit stating facts according to
the best OF my knowledge and belief and which
was Str,ctly and literally true. | informed tn !,
magistrate that had not been an eye-,Uitness
Of the facts stated Hence there was no fire nd
practiced or attempted.
In your usual gentlcmanly style you OBJ
e l.. H.
made this complaint" If you knew aught
against my veracity or integrity, you kept it to
yourself Perhaps you may know something
Of me- You may know that hate oppression
that believe in the doctrine of the Declara-
ton OF Independence; that do not believe in
the power of the United States Government
nor In the power Of the combined Governments
OF the world rightfully TO chattclize single
human being; moreover, that look upon the
Fugitive Slave Act as unconstitutional foul
disgrace to our country, and that | loathe it
from my very soul, while you appear to take
pride in enforcing it. In your zeal for this des-
plcablc act, you thought to intimidate me by
sending Inc threat, some two years since, that
If you could ever get me before you YOU would
hang me. See the affidavit of Mr. B., annexed
The fear of you and of your threatened halter
A'-' ''' GU w BiNNShtCu lIOul CApI
my opinions. You have thought proper to
punish my audacity by insulting me from tho
bench. You are indignant at the interference
OF "a fappenny State magistrate with United
States officers. 1t may DO humiliating to you,
but such is the system Of our Government that
tuppenny Pennsylvania magistrate has a
perfect right to order the arrest not only of a
deputy Marshal, but Judge of The Supreme
ConH Of The United States, on a criminal
charge. Hence it is no matter Of surprise that
Justice OF the peace should order the arrest
of oti 1ial shareholders, when they assume the
part Of brutal and murderous assailants. A
justice of the peace may appear, in the view OF
Judge Of the Supreme Court Of the United
States tuppenny magistrate +" but in the
estimation of honorable, virtuous men, the Of
fee of justice is infinitely more honorable
than that of slave-ca tchiug commissioner, al
any bride of five dollars head the spawn Of
United States Judgo, not the choice OF a free
people.
We are left to infer, from your written opin-
ion thai no degree of violence and brutality in
catching negroes is cupable or illegal You
| seem to have forgotten thatthe warrant for the
arrest of an alleged fugitive is q eiU,i not a
criminal process. The fugitive is not charged
with crime. He is merely charged with owing
| service" He ~ an unfortunate debtor. Can
it be that you suppose u sheriff in executing
| process in an action Of debt, may take an arm
| cd posse, and deliberate with his associates on
tie proprety OF shooting the defendant il
they cannot otherwise take him, and that they
may violently assault him. and beat him, and
fire pistols AZ him, eadangerng his life, and all
this without showing his warrant
As to the legality OF your proceedings, Others
more competent must decide. As to the i'm
proprety and indeceucy of your language and
department on the bench, no difference of opin
ion will be entertained by those who under.
stand what is required Of the manners of gen.
tleman, and the untmpGSSioned impartialuy Of
judge
We are officially assured that in the conduct
of these deputy marshals towards the alleged
| fugitive there was nothing worthy of blame y
except. perhaps, "a want Of sufficient courage
and perseverance :" That the public may
Judge what il the style of slave.hunting ap-
proved by y Judge OF the Supreme Court OF
the Uni,ed States, refer them to the affidavit.
Of Jacob kutz, Caspar Fetterly, Henry Patton
and Chas. Gegenheimer heretofore published
These sihiavts, besides sustaining TO the
fullest extent the one made by me, disclose O
| most brutal and murderous assault upon ar
unfortunate but innocent man. His nominal
master gave me n brief history of his charac
ter lie said he was honest and faithful tina
he had given a boat on the Rappabannock int,
MS charge that ia all the loads of prod zee
which he had disposed of and accounted t,
him for, he had no reason to believe that h,
had wronged him out Of a shilling The no
bic resistance and courage Displayed by thi,
man, AZ the time of his attempted arrest, woul,
have made any white American the pride o
his countrymen. He exempli6ed, to the letter
the sentiment Of Patrick Henry" Gre m,
Liberig or gre me Dsd,hn Your assertion
above, that these officers had done nothing
worthy Of blame and their actd of unfeelinp
cruelty, exhibit the brutaliaing influence Of the
Fugitive Slave Act on all who sioop to exc.
cute IT. The claimant Of Bill lthe name of the
alleged fugitiysj also told me that Bills father
was awhile man, worth one hundred thousand
dollars, and hat ne had full knowledge of the
late treatment of his son at Wilkesbarre.
With the oyerflovings of parental sympathy
why does he not fly TO the aid and succor o.
his child in his hour OF extremity, The sad
tale is soon told this unholy and peculiar in,
stitutlon eats out natural affection.
: The outrage at Wilkeobarre and the inde