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

The Coastitutionality of the Statutes Of
Pennsylvania.
Mr. Vail to Gov. Letcher.
Philadelphia, DEC, 5, 1850.
Hon. JOHN LETcHER,
Governor Of Virginia:
Dear Sir. Your courteous letter of Nov.
2sth was received on the 3Oth-s reply
was commenced that day. Sut business
engagements have delayed its completion.
Since its completion, have, for several
reasons. hesitated about forwarding it
on the one hand | DO uot wish to appear
conspicuous in this u after, when there are
so many men in ny native State better
ousliEed to perform the duty, Besides,
our present Governor in his annual mes
sage, sud the Governor elect in bis inaug
ura address, wiil Doubtless fully di-euss
it. And | aiso doui ted whether il would
he proper for ne 10 further encroach up
on your time, which uust be so nuch
needed in yonr conservative iabors. But
90 the other hani. by not answering |
may appear to be convinced, when | re-
ally an not Nearly month must elapse
before the message or address can be de-
livered, aud In the present cri-i- hours are
OF more Importance than days in cslmer
ti1es. Thi> | say especially in reference
20 our Own citizens, some OF whom not
having the tine or opportunity for care
ful examination. q. az suppose that We bave
laws on our etstute books "inte need 20
obstrnct the execution of the laws of Con.
eress' After careful dclteration. there
fore, have concluded to forward this re-
ply, hoping that it may in some degree,
however .ligbt, assist in restoring the fra
ternal feeling formerly existing between
our States; and hope that 10 thi- reply
Dothiug shall be saic but that shall be in
the same kind and conservative spirit
which characteriIes yours.
La the copcuding portion OF your let
ter | cordially sc9aiesce And IA SO 40
ing think that can speak not only for
myself but for the conservatives OF thi-
State who constitute an overwhelming
majority of her population. Ii there Is
single Law Cd our statute books which Is
calculated in the sli Z hte>t degree to en-
barrass our Southern fellow citizens iD
the recovery Of their fugitive slaves, We
wish it immediately repealed. We are
even willing to repeal any Law which may
possibly irritate them, bot We are unwilling
10 do 80 in such manner that We may
dppear to confess that the Law was really
qcr0ng or unconstitutional, when in our
hearts We believe it wa- not. Nor can
YOU Ri-h Us to act in such a msnner,-
You cannot ~ish Us to yield to teGF but
to earnest c0nUGctt0n.
We are much Obliged to you for point
ing out what you consider a. our "otnox-
ious" laws. Heretofore We have had ou-
ly general charges II ade against US which
we're difficult 70 answer merely on account
OF their vsugcDess. But permit Ue to
say still hold to MY former opinions,
ard will give you my reasons for 20 doing.
Let u take up 10 detail the sections of
the act of le47, which are still IN force
aud coo,ider any objections which may
be urged against them.
The first section prosides for the pun
isbnent of any person kadnaPpang ahy
free pegro or uuistto.
i l.
On the contrary. the Code OF Virginia
under the heading of Offences against the
person." Title 81, Chapter CXCI, page
7l5, ordains that IF any free person sell
a free person "a slave, or kidnap free
rerson With iuteut to use or sell him as a
slave. knowing him to be free. he tbsli be
confined 10 the penite ntary not Tess than
three nor more than ten years.
The second section refers to the sale oi
auy free negro OF mulatto. The same re-
marks apply to this as to the 6rst section.
The third section prohibits any Of our
State Judges, Aldermen, or Justices OF
the Peace, from ha'iDg jurisdiction or ia
king cognzance of the case of any fugitive
from labor. And tbi., you think, is wrong
Let us reason together upon it.
Iu the 6rst place, allow ne to refer you
to the following extract from the opInlo
of the Supreme Court Of the United Ststes,
in Prigg VS. The Commonwealth OF Penn
sylgania, l6 Peters, 622 1--WE bold the
act (that of 1899 to be clearly constitu-
tioual 10 all its leading provisions. and.
indeed, with the exception of that part
which confers authority upon State mag
istrstes, to be free from reasonable doubt
and difficulty upon the grounds already
stated. As to the authority so conferred
upon State magistrates. while difference
of opinion has existed. aud may still exist
on the point, in different States. whether
State magi.trstes are bound to act under
IL; none is entertained by this Court thai
State u magistrates nay. il they choose. ex
ercise that authority, ~'sIeSs pr0taa6sted bg
State legislation"
But it may be said, although it ha'
been decided that cur State has authorit,