The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-12-20

Orought tnem into this State, and deliver
ed them to their owners in Frederick
county. Thereupon the Sheriff of Cum
berlsnd county, in Pennsylvania, With a
warrant issued BY justice of the peace
in Pennsylvania. upon the oath of free
negro, charging Myers with kidnapping.
came into this State. and. at Westminster.
concerted plan with the driver of the
mail stage from that place to Littlestown,
Pa, by which Myers, who resides inme-
diately on the State boundary line, was
decoyed by the false pretence of letter
held up for him. over into Pennsylvania;
and there, but few rods from bis house,
whence his family witnessed the outrage,
and was suddenly seized by the Sheriff
OF Cumberland county. who roughly treat
ed, bonnd him and hurried him to Jail at
Carlisle. An indictment was found a.
gainst Myers and others. for kidnapping,
under certain Act of Assembly of Penn
sylvania, passed in ls47, and the trial
continued to the November term of their
Court | made application, detailing all
the circumstances of the case, to the Gov
ernor of Pennsylvania, for mot1e prose:
Qus, which | thought would be the proper
answer to proceeding begun for such
cause, and continued through such incl
dents. This was not granted; and con-
sideriug the Importance of the rights in
volved to our citizens holding slaves,
which are frequently induced to run of
to Pennsylvania, where they are constant
ly aided, harbored and protected against
the lawful claims of their owners, | thought
it due to these interests to appoint some
eminent counsel to represent the State at
this trial. l, therefore, requested Jona-
than Meredith, Esq, of Baltimore. to
proceed to Carlisle, as counsel for this
State, to defend there her interests, and
to afford also, the aid of bis advice and
counsel in the defence of Myers. The
result of this trial was the conviction of
Myers alone, under the act referred to,
which, | au informed, appears to have
been framed specially With the intent to
evade the decision of the Supreme Court
of the United States, in Prigg' case, car
ried up, by consent of the two States, up
on case agreed, in order to settle the
rights of those whose slaves fed into
Pennsylvania, to recspture them without
the hindrance of the State authorities or
penal laws. An arrangement has also
been made, [ understand, since the con-
viction, by the counsel of Myers, under
which he has been discharged, upon bis
own recognizance, to appear for sentence;
which will not be moved for, since he has
purchased, aud restored to their residence
in Pennsylvania, the slaves whom be had
taken under the guarantees of the Con-
stitution of the United States. The coun-
sci for this State has sued out, by my d.
rection, writ of error from the Supreme
Court; so that the validity of the Pennsyl-
vania act, which presuues to punish as
crime the lawful recapture in that State,
under the Cobstitu ion Of the United
States, of fugitives from service, may be
tested in that Court; and so that rights,
which are of the highest Importance to
our citizens, may be vindieated by the
highest tribunal in the land. respect
fully ask that you will make an appropri-
alton. oonsonant with the Importance OF
the case. to compensate the counsel for the
State and discharge the expenses incident
to this proceeding"
These two cases will suffice to show,
that VirgiDian, and a MarylaDder, have
been injured-seriously injured, by this
'ObnoriouS Pennsylvania Iaa0." ] furnish
conclusive evidence. therefore, according
to your OVID test, to demonstrate the "ob-
noxious' character, tendency and effect
Of your law of ls47. must also Impress
upon your mind the fact that both Of these
cases have occurred since the passage of
the fugitive slave Law of 1850.
l infer from your letter, that you have
fallen into another error. that must be
corrected. You argue, as il you consid-
cred the fugitive slave law of 1893, re-
pealed by the Act of 1850. The Law Of
1893, has not been repealed, and is now
in full force and effect. The act of 1850,
is merely Notwithstanding addi-
tional remedies for the recovery Of slave
that has escaped into non slave
holding States. The title is "An Act to
amend" and supplementary to the act enti-
tied "An Act respecting fugitiVes from
Justice. and persons escaping from the
service of their masters" &c. In she
sixth section it is declared that the "Ciai-
maDt or his or her agent or attorney "shail
use such reasonable force and restraint as
may be necessary, under the circumstan-
ces of the case, to take and remove such
fugitive person back to the State or Ter
ritory whence he or she may have escaped
as aforesaid" The exercise Of "such rea-
sonabe force" is a violation of your law
of ls47. which subjects claimants, their
agents or attorneys, to indictment in your
courts, as the cases of Parsons and My
ers clearly prove.
And. finally, the Constitution of the
United States, in the fourth article, and
second section declares
mo person held to service or labor In
one State, under the laws thereof, esca'
ping into another. shall, in consequence
of arg Laa0 or regulation therein. De d's-
charged from such service or labor, 6at