The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-12-27

thority I" The bet answer to this prop
er question will be to show Why she ha,
prohibited them.
Kidnapping free negroe, being very
profitable. many scoundrel', some of whom
l regret to say, we're citizens of this State
engaged in it as a regular occupation
And, of course, they endeavored to con
trive some plan By which, even il caught
they mis- bit possibly escape the penaltie'
OF the law. (For it must be remembered
that laws Furnishing kidnapping were en-
acted at very early period in our hi.to.
nv, and the first and .ecoDd eections of the
act of ls47 were 10 great degree mere
Ily repetitions OF them One of theil
plans was this: They would enter into
a sort Of partnership with some corrupt
Justice of the peace, or alderman and bis
con-ta5les. (Some corrupt ones could be
found u Oh sst the bundreds in thi. State }
The asistrate would issue cap;a. a.
eainst some free negro, in which he vas
charged with larceny. The constable
would arrest him about dusk, take him to
magistrates Office, where the kidDapper
would appear and claim him as fugitive
slave. The u magistrate. without allowing
the negro any opportunity to prove his
freedom, would grant the certificate of re-
moval, and before morning the negro
would be removed from this State. Even
if discovered before actually ren owed, the
certificate of removal was conclusive, and
was a sufficient return to a h06eaS corpus
. This has been done not once or twice
merely but scores Of times. The legisla-
ture not being able to point out by name
and separate corrupt officers from the
good ones, thought it be-t to exercise
their lawful authority and prohibit all OF
them from having jurisdiction in sucb
eases.
But does this prohibition embarrass
any claimant! The third section OF the
fugitive slave law of 1850. presides THAT
the Circuit Courts of the the United States
and the Superior Court of each org gsnized
territory of the United States shall from
time to time enlarge the number Of com
missioners. with view to afford reason
4
labor, and to the prompt discharge Of the
uties Imposed by this Act" Under tbi-
section any number of CO mis-ioners u a J
be appointed in each county in this State
In the remarks | have made upon this
section, | Go not wish to be understood a.
having intended to cat any reflection up
on any Southern gentleman who may
have purcba-ed kidnapped negro, sup
posing hin, to be slave. | know that
in your State, aud, believe. in all of the
Southern States. legal mode is pointed
out by which negro may prove that be
is free But this, on account of the ne
ccssary expense Of bringing witnesses from
this State, cannot be often resorted to.
Iu the fourth aud fifth sections have
retained your italicS
SEC. 4. That if any person or per-
sou<, claiming any negro or mulatto
as fugitive from servitude or labor. shal!
under any prete,aoe Of authority aclaatsoeUer,
violently aud tun ultuou-ly seize upon and
carry away to any place. or attempt to
-eize and carry away IN ariotous. Vio'' ut,
;uuultuou- aOd unreasonable manner. ana
% as 10 disturb or eBdaoser the public
peace. any negro or muatto within this
/ Com mouuealtb. either acith o. gcltitOut thf
intenti0n Of taking such negro or mulattc
6etore any district or circust Judge, the per
son or persons SO offending against the
peace Of this Commonwealth. shall be
deemed guilty of a Disdcmeanor. and on
con sIction thereof, before any Court oil
/ Quarter Sessions of this Com
-ball be sentenced by su b Court to pay a
fine Of not less than one hundred dollars
nor more than one thou "a nd dollars. with
cost of pro-ecutlon; ano further to be con
6ued iu the county Jail for any period. a,
the di-cretioD Of the Court, not exceeding
three months.
1t will be seen that thi+ section applies
to q claimant. q pirate person selslDg hi
slave. The Suprene Court in Prigg'
case, page 6l3, say, Upon this ground
(tbe doctrine of reception, We have not the
slightest hesitation IN holding that under
aod in virtue OF the Constitution, the OVID
CT Ol cihsS 10 WIN
thority in every State in the Union. to
seize and recapture hI. slave wheneuer h
can do a acitjtout any breach Of tue peace
or any illegal vlotence.' >
If PennSylvapia's horse strays or il
stolen, and the owner finds him in Virgin
ia, be has an undoubted right to seize an'
take hin away. "sCheneUer he can ria
aoltbout any breach Of the peace or any sHe
cal UiOlence" But il be should "gtOLenul
and tunsultuosSly sieze bin and carry bin
sway to any place, or attempt to seize
and carry him away in riotous. 0iolent
tumuhous and unreasonable manner. an,
so as to endanger the public peace" eithe
with or without legal process. would b
not properly be punished under and b.
the laws of Virginia I
Is not even an officer Of the law pun
J ished for executing lawful process 10
riotous, violent, tumultuous and unreason
, able manner, and so as to disturb an
! eudapger the public peace
But it MAJ be said that fugitive. whe
seized, will resist. and thus creste riot
H.. ~ n q